Home | Databases | WorldLII | Search | Feedback Maltese Laws

Widows' and Orphans' Pensions Act (Cap. 58) Consolidated

CHAPTER 58

WIDOWS’ AND ORPHANS’ PENSIONS ACT

To make provision for granting pensions to Widows and Children of deceased Public Officers.

(1st July, 1927)*

Enacted by ACT XIX of 1927, as amended by Act XXVIII of 1929; Ordinances: XLIV of 1935, XVIII of 1937,† I and VIII of 1943, XV of 1948; Emergency Ordinance VI of 1958; Ordinances: VI and IX of 1959, XVIII, XXI and XXV of 1962; Legal Notices: 4 of 1963, 46 of 1965; Acts: LVIII of

1974, XXII of 1976, XI of 1977 and XIII of 1983 and Legal Notice 408 of

2007.

l. This Act may be cited as the Widows’ and Orphans’ Pensions Act.

2. (1) In this Act, if not inconsistent with the context, the follo wing ex pressio n s shall have the m eaning h e reinafter respectively assigned to them, namely:

"appointed" includes "appointed on probation";
"an appro v ed sch e me" means a sch e me for the granti ng of pension to the widows and children of government officers which has been declared by the Minister responsible for finance to be an approved scheme for the purposes of subarticle (3) of article 5 of
this Act; ‡
"beneficiary" means and includes -
(a) the widow of a contributor;
(b) the children of a contributor by his marriage with any wife dying in his lifetime and his children legitimated by subsequent marriage with any such wife, who are alive and of pensionable age at the death of their father;
"contributor" means a contributor under this Act and includes a person who has ceased to contribute in such circumstances that he continues to rank for benefit under this Act;
"Government" means Government of Malta;
"monthly" and "month" refer to calendar month;
"of a pensionable age", as applied to children, means, in the case of a male, that he is under the age of eighteen years, and, in the case of a female, that she is under the age of twenty-one years and has

Short title.

Interpretation. Amended by: XXVIII. 1929.3; XV.1948.2;

VI. 1958.2; XXI. 1962.20;

XXV.1962.2,5.

*See original article 36 of the Act which article has been omitted under the S.L.R.O.,

1936, the Statute Law Revision Act 1980, and Government Notice No. 232 of the 1st

July, 1927.

†Original article 32 of the Act was repealed by this Ordinance with effect from the 1st

April, 1937.

‡For list of "approved schemes" see Government Notice No. 659 of 3rd December

1942, Government Notice No. 209 of 4th May 1945, Government Notice No. 58 of 6th

February 1948, and Government Notice No. 81 of 17th February 1948.

Cap. 93.

Where wife or contributor has given occasion to separation. Cap.16.

not been married.
A ch ild shall b e deem ed to cease to be of a pensionable age within the meaning of this Act, if a male, on attaining the age of eighteen years or dying under that age, and if a female, on attaining the age of twenty-one years or marrying or dying under that age;
"public officer" or "off icer" means any person permanently emp l o y ed i n t h e servi c e o f th e Go vernment and hol di ng a pen s i o n a bl e po st, o r a po st t o which a retiring allowance is a attached u nder Regul at ion 16 of t h e Pen s io ns Or di nan c e or a monthly allowance under the corresponding Regulation 24 of the Pen s ion s A c t, 19 26 (now rep ealed ) or R e gu lat i o n 22 of t h e Pensions Ordinance, 1905 (now repealed) in the case of officers falling under article 20 of the said Pensions Ordinance or article 12 of the said Pensions Act, 1926 (now repealed);
"o th er p ubl ic serv ice" means p u b lic ser v ice n o t un der th e
Government of Malta;
"th e sch e me" m eans the schem e pr ovided fo r in thi s Act f o r granting pensions to the widows and children of public officers.
(2) When the wife of a contributor has given occasion to a separation pronounced by judgment or authorized by decree of the competent Civil Court on any of the grounds mentioned in articles
38, 40 and 41 of the Civil Code, such wife shall for all purposes of this Act be deemed to have died and the contributor to have become
a widower at the date of such judgment or decree:
Provided that nothing in this subarticle shall be so construed as to deprive any such wife of her rights under this Act, if the effects of the separation shall have ceased in the contributor ’s lifetime.
(3) A child adopted by a contributor while he is married to any wife shall, for the purposes of this Act, be deemed to be the child of the contributor by that marriage if -
(a) the contributor adopted the child before entering the public service or whilst in the public service;
(b) the contributor was under the age of sixty years at the time of the adoption; and
(c) the adoption was in accordance with the law of the place where the contributor was resident at the time of the adoption.
(4) The child of a contributor who is adopted by any other person -
(a) in the lifetime of the contributor, or while a pension is being paid under this Act to the mother of that child, shall be deemed, for the purposes of this Act, to have died at the date of the adoption;
(b) after the death of the contributor shall, if he is being paid a pension or a share of a pension under this Act, continue to be paid such pension or such share.
(5) Nothing in this article shall entitle an adopted child to be paid a pension or a share of a pension where the payment to him of
such pension or such share would diminish the pension or the share of a pension immediately payable or being paid on the 16th day of Feb r u a ry, 19 62 , to th e w i do w or to an y c h il d or chi l d r en by marriage of the contributor.

3. There shall be charged on and paid out of the Consolidated Fund, all such sums of money as may from time to time be granted by way of pension or gratuity to persons eligible for such pension or gratuity in accordance with this Act and with any regulations made thereunder.

4. (1) Subject to the exceptions mentioned in article 5, every new officer after the commencement of this Act shall become a contributor under the provisions of this Act from the day on which he commences to draw the salary of his post.

(2) Subject to the same exceptions, every officer after the commencement of this Act may, within twelve months after such commencement, by written notice to the Accountant General, elect to become a contributor, and if he so elects he shall contribute as from the first day of the month next after that in which his notice was received by the Accountant General.
(3) An officer who elects to become a contributor under subarticle (2) of this article may if he wishes, when so electing, pay to the Accountant General, as a lump sum contribution, an amount n o t exceeding t h e to tal wi thout in terest w h ich h e might have contributed by way of annual and additional contributions prior to the date of his so electing, as from the first of July, 1927.
(4) An officer who has not exercised the option to become a cont rib u to r befo re t h e t h irti eth of June, 1 928, may, by wri tten notice to the Accountant General, elect to become a contributor, wi th in t h ree m o nt hs fro m a da te t o be fix e d b y Go ve rn m e nt
Notice*:
Provided that such officer shall, on giving such notice, pay to the Accountant General, as a lump sum contribution, an amount equal t o the to tal which h e w ould have con t ribut ed by w a y of annual and additional contributions had he exercised his right to become a contributor within the date established by subarticle (2), with interest at six per centum per annum, as from the first of July,
1928, to the last day of the month in which he shall have given such notice:

Pensions and gratuities chargeable on Consolidated Fund. Amended by:

XXVIII. 1929.2; L.N. 46 of 1965.

When a new officer becomes a contributor. Amended by: XXVIII. 1929.4: VI. 1959.3.

When present officers become contributors.

Extension of time for notification of officer becoming contributor.

Provided also, that any such officer shall not be precluded from availing himself of the provision in subarticle (3).

*See Government Notice No. 306 of the 29th August, 1929.

Persons who are not eligible as contributors. Amended by: XXVIII.1929.5,

6,7; XLIV.1935.2;

VIII.1943.2; VI.1959.3;

L.N. 4 of 1963; L.N. 46 of 1965; LVIII. 1974.68.

Attainment of sixty years of age.

Contribution to an approved scheme.

Subscribers to

Police Funds.

5. (1) The following shall not be eligible to be contributors:

(a) Presidents of Malta and their Aides-de-Camp, if not contributors before they held the positions;
(b) women, with the exception of those who, when first appointed to the service, were widows with children;
(c) members of the clergy of any denomination.
(2) Persons who have attained the age of sixty shall not be eligible to become contributors except those who shall be actually in the service at the time of the commencement of this Act. Persons who elect to become contributors after they have attained the age of sixty years shall continue to contribute until they are retired on their attaining the age of sixty-five years, or, if they retire earlier, in accordance with article 23.
(3) No officer shall be required to become a contributor under th is Act if and fo r so lon g as he is contri buting to an app roved scheme or if he has been transferred from other public service:
Provided that no officer transferred from other public service may elect to become a contributor under this Act unless he gives to the Accountant General written notice of such election within three months of the date on which he was transferred to the service of the Government of Malta from other public service.
(4) Subscribers to the Police Reward and Relief Fund and W i do ws’ an d O r ph an s’ Pensio ns Fu nd may no t b e co me contributors under this Act unless they cease to be subscribers to the said Funds.

Rates of contribution. Amended by: XXVIII.1929.8,

9,10; VI.1959.3;

IX. 1959.2; XVIII. 1962.2; L.N. 4 of 1963;

XIII.1983.4,5; L.N. 408 of 2007.

6. (1) The rates of contribution shall be as follows:

(a) an officer the maximum of whose scale of salary (or whose actual salary if he is not on an incremental scale) exceeds the amount given in the first column but does not exceed that of the second column shall contribute at the annual rate given in the third column correspondingly -

Double contribution by contributor marrying before making first payment.

(b) a contributor being -
(i) an officer serving on the date of the commencement of this Act, and of the age of forty years or over, or
(ii) a new officer who is of the age of forty years or over on the date of first appointment,
may elect to make an annual contribution not exceeding double that specified in column 3 above by written notice to the Accountant General, to be made within three months of his first payment of contribution under this Act or of his marriage or, with the written permission of the Minister responsible for finance on just cause being shown for the delay, at any time during his contribution term:
Provided that any person becoming a contributor prior to the f i rst o f July, 192 8, may elect t o pay as f r om t h e date of the commencement of his contribution the above extra contribution on written notice to the Accountant General within three months from
a date to be fixed by Government Notice*; and if he so elects to make an add itional annual contribu tion, h e shall m a ke it
accordingly as from the date on which he first became a contributor or as from the first day of the month after that in which his notice was received by the Accountant General, as the case may be:
Provided also that no officer shall be allowed to contribute at a higher annual rate than forty euro and seventy-six cents(40.76) in all.
(2) A pension in consideration of the contributions under this article shal l accrue in accordance with the Ta bles and Ru les annexed to this Act.

Annual contribution shall not exceed

.40.76.

Pension to accrue in accordance with Tables and Rules hereto.

7. The rates of contribution shall be fixed on the salary of the permanent appointme n t of the c ont ri bu to r ir resp ective of any temporary increment of salary which he may derive from an acting appointment, and irrespective of personal and other allowances, except pensionable allowances which shall be deemed to be part of the contributor ’s salary for the purpose of calculating the rate of his contributions.

8. If the official income of a contributor becomes reduced, whether by reduction of salary or by his retirement on a pension, so that he comes under a lower scale of contribution under article 6, he may, upon giving notice in writing to the Accountant General of his desire to do so, continue to contribute at the rate formerly paid until he attains the age of sixty years, in whi c h case his widow or children shall be entitled to pension accordingly; but if his rate of contribution be reduced, any pension to his widow or children shall be reduced in the same proportion as it would have been increased had his rate of contribution been raised instead of reduced.

9. Increases of contributions shall rank as if they were fresh en tran ces at the resp ective ag es of hu sband and wife when the increase takes place.

10. (1) All annual contributions shall be paid by monthly instalments and shall, subject as hereinafter mentioned, be payable until either the contributor dies or attains the age of sixty years:

Provided that a contributor who is making an additional annual contribution may elect to discontinue such contribution at any time.

Fixing rate of contribution.

Reduction of the official income of contributor. Amended by:

VI. 1959.3.

Effect of increases of contributions.

Annual contributions payable by monthly instalments. Amended by: XXVIII.1929.11.

*See Government Notice No. 306 of the 29th August, 1929.

Instalment to be calculated on whole month’s salary.

Contributions deducted from salary or pension.

(2) Such instalments shall be calculated on a whole month’s salary at the rate of salary paid to the contributor on the last day of the month in respect of which the contribution is made.
(3) The contribution shall be deducted by the Government from the contributor ’s salary or pension, as the case may be . If a contributor is on leave on half salary or under interdiction or on leave without salary, he shall still be liable to contribute at the ordinary rate. In the last mentioned case, if the contributor does not himself pay to the Government his contributions during the period when he was on leav e w ith out salary, the amoun t of his contributions in arrear shall be deducted from the first payment of salary subsequent to such leave.

entered in

registers.

Amended by:

XXI. 1962.20.

Notice in writing to

Accountant

General by new

contributor.

Amended by:

XXVIII.

1929.12,13;

VI; 1959.3;

XXI. 1962.20.

Marriage of contributor whilst a contributor.

Notice of birth or marriage of children or death of wife or children.

Duties of widow on death of contributor.

be entered the date of the birth of every contributor and, if he be married, the dates of the births of his wife and children (if any) and, in the case of an adopted child, the date of the adoption decree relat i n g t o h i m b e sides th e dat e o f his birth , parti c ul ars o f hi s contributions and all such other dates and particulars respecting cont ri bu to rs an d thei r famil ies as a r e to be recorded for the purposes of this Act.

13. (1) Every officer shall, on giving notice of election to b ecom e a c ont rib u t o r un der th is Ac t, no tify to the Acco unt ant general in writing -

(a) the date of his birth, and
(b) if he is a married man, or a widower, or a married man previously widowed, the date of his marriage or marriages, the date of birth of the deceased wife or wives, the date of birth of the living wife and the date of birth of children of pensionable age, if any, and, in the case of an adopted child, the date of the adoption decree relating to him besides the date of his birth.
(2) Every contributor who marries whilst a contributor shall wi th in t h ree m o n t h s aft e r h i s marri age n o t i f y th e same t o th e Accountant General in writing and state the date of the birth of his wife.
(3) Every contributor shall notify to the Accountant General in writing within three months of the date of the event -
(a) the birth of any child born to him or the adoption of any child by him;
(b) the marriage of any female child under the age of twenty-one;
(c) the death of his wife and the death or adoption of any of his children of a pensionable age.
(4) After the death of any married contributor, the widow of such contributor shall notify to the Accountant General in writing within three months from the date of the event -
(a) the date of the death of the contributor;
(b) the birth of any posthumous child born to such contributor;
(c) the marriage of any female child of such contributor under the age of twenty-one years;
(d) the death or adoption of any child of such contributor while of a pensionable age.
(5) Any such statement or notice shall be proved by the production of birth, death or marriage certificates or by affidavit or otherwise to the satisfaction of the Accountant General. The birth certificates of children shall be produced when so required by the Accountant General.

Production of documents.

14. (1) A contributor or widow who fails or neglects to comply with any of the requirements of the last preceding article shall, for each default, be liable to a penalty not exceeding four euro and sixty-six cents (4.66), which if unpaid shall be deducted from his or her salary or pension as the case may be.

(2) A contributor or widow who wilfully makes any false statement respecting any of the particulars required to be furnished under th is Act shall be liable to forfeit at th e discretion of the Minister responsible for finance all or any part of his or her rights under the scheme.

Penalty for omissions or negligence. Amended by: L.N. 4 of 1963; XIII.1983.5;

L.N. 408 of 2007.

Effect of false statement.

15. Subject to the provisions of this Act -

(a) every public officer serving on the date of the promulgation of this Act, and who is, on that date, married or a widower with children of pensionable age, or, being a bachelor, marries within three months from a date to be fixed by Government Notice*, and who elects to become a contributor, shall be credited, in addition to the benefits accruing to him in accordance with the Tables and Rules annexed to this Act, with a registered pension equal to seven-fortieths of his salary on the date of the promulgation of this Act:
Provided that such registered pension shall in no case exceed the sum of one hundred and thirty-nine euro and seventy-six cents (139.76) per annum;
(b) in no case shall a pension accruing under article 6(2) and paragraph (a) of this article exceed the sum of two hundred and seventy-nine euro and fifty-two cents (279.52) per annum;
(c) on the death of a contributor leaving one or more beneficiaries, such beneficiary or each of such beneficiaries shall receive a pension calculated according to the Tables and Rules annexed to this Act;

Registered pension to contributor married or

widower with children of pensionable age.

Amended by: XXVIII. 1929.14; XIII. 1983.5;

L.N. 408 of 2007.

Maximum of pension.

Contributor dying leaving beneficiaries.

*See Government Notice No. 306 of the 29th August, 1929.

Pension payable to more than one beneficiary.

Quota of one of the beneficiaries who ceases to exist.

(d) if pensions are payable to more than one beneficiary, each beneficiary shall receive such a proportion of the pension which he or she would have received if he or she had been the only beneficiary, as unity bears to the total number of beneficiaries;
(e) when there are more beneficiaries than one receiving pensions in respect of the same contributor and any of such beneficiaries ceases to exist within the meaning of this Act, the beneficiary or beneficiaries, if more than one, remaining in existence shall, or each of them shall, as from the date of such cessation, receive the pension he or she would have received if he or she and the other beneficiary or beneficiaries, if any, remaining in existence, had been the only beneficiary or beneficiaries in existence at the death of the contributor.

When the beneficiary is the widow of the contributor.

Cessation of pension in default of children living and of pensionable age.

Payment of

pension to children

living and of

pensionable age.

16. (1) Where a beneficiary consists of the widow of a contributor the pension payable to such beneficiary shall, subject to any deductions in respect of partial forfeitures under subarticle (2) of arti cle 1 4 , be paid to her and shall cease on her d e ath, bankruptcy or remarriage, or on the forfeiture of the whole of such pension in accordance with the provisions of that subarticle.

(2) If on such pension ceasing as aforesaid, there are no children, living and of a pensionable age, of the marriage of such widow with the contributor, such beneficiary shall be deemed to cease to exist and the pension payable to it shall lapse.
(3) If on such pension ceasing as aforesaid, there are such ch ildren l i vi ng an d of pen s i onab l e age, such pensio n shal l be continued and paid to such children as hereinafter provided and such children shall be deemed to constitute a beneficiary within the meaning of this Act.

Quota of pension payable to children.

Widow marrying contributor after he attains the age of

60 years.

Amended by:

L.N. 4 of 1963.

Husband who dies within twelve months of marriage without issue.

17. Where a beneficiary consists of children of a contributor, the pension payable to such beneficiary shall be at the same rate as the pension which their mother received or would have received if she had been alive and entitled to a pension, and shall be paid to such children in equal shares while they remain of pensionable age. When any of such children ceases to be of pensionable age his or her share of such pension shall be paid to the surviving children of pensionable age in equal shares, and when the last surviving child of pensionable age ceases to be of pensionable age such beneficiary shall be deemed to cease to exist and the pension payable to it shall lapse.

18. (1) No widow of a contributor whose marriage with him is contracted after he has attained the age of sixty, without issue of such marriage, shall be capable of constituting a beneficiary or become entitled to any pension under this Act.

(2) No widow of a contributor whose husband dies within twelve months of the marriage without children of such marriage born in his lifetime (in wedlock or legitim ated by subsequent
constituting a beneficiary or become entitled to any pension under this Act:
Provided that the Minister respo n sibl e fo r f i nan ce may authorize the grant to such widow of all or any part of the pension to which she would have been entitled but for the provisions of this subarticle.

19. No adopted child of a contributor who dies within twelve mont hs of t h e adoptio n shall be capable of constit uting a beneficiary or become entitled to any pension under this Act:

Provided that the Minister respo n sibl e fo r f i nan ce may authorize the grant to such child of the whole or any part of the pension to which it would have been entitled but for the provisions of this article.

Where father dies within twelve months of adoption of child.

Added by: XXI.1962.20.

Amended by: L.N. 4 of 1963.

20. If the pension of a widow ceases in her lifetime by reason of her bankruptcy and there are no children to whom such pension can be continued in accordance with subarticle (3) of article 16, the Minister responsible for finance may authorize the payment to such widow from time to time during the remainder of her life, or during such shorter period or periods either continuous or discontinuous as shall be thought fit, of an allowance at a rate not exceeding the rate of such pension or may authorize the application of the same for the maintenance and personal support or benefit of such widow in such manner as he may from time to time think proper.

21. If a contributor, being - (a) a bachelor; or
(b) a widower without children of a pensionable age,
leaves the service of the Government, or dies while in the service of the Government, there shall be payable to him or his legal representative in the case contemplated in the first place one-half of his total contributions without interest, and in the case contemplated in the second place, one-half without interest of the contributions which he has paid since the death of his last wife or the ceasing to be of a pensionable age of his last child, whichever event shall have last happened, and on any such repayment the contributor ’s rights under this Act shall cease.
22. A contributor who, being - (a) a bachelor; or
(b) a widower without children of a pensionable age,
retires on or after attaining the age of sixty years, shall
receive on retirement one-half of his contributions, without interest, calculated as provided in article 21 and on such repayment the contributor ’s rights under
this Act shall cease.

Cessation of pension by reason of the bankruptcy of a widow. Amended by: XXI.1962.20;

L.N. 4 of 1963.

Contributor who leaves the service or is transferred to other employment or dies a bachelor or widower

without children of a pensionable age. Amended by: XXVIII.1929.15; XXII.1976.4.

Retirement of contributor bachelor or widower without children of pensionable age.

Retirement from service before contribution term expires of contributor to whom a pension is granted.

Amended by: XXVIII.1929.16;

I.1943.2; XV. 1948.3.

Retirement from service before contribution term expires of contributor to whom pension is not granted. Added by:

XV. 1938.4. Amended by:

XI. 1977.2.

Dismissal of contributor from service for misconduct. Substituted by: I.1943.3; XV.1948.5. Amended by: VI.1959.3.

23. If a contributor who is married or is a widower with children of a pensionable age retires from the service before his contribution term has expired and a pension is granted to him, he may continue to contribute at the rate at which he was contributing immediately before he left the service or at a lower rate calculated on his pension, and his contributions shall be deducted from the pension monthly in advance. Or he may, on, or at any time after so lea v ing the se rvice, ce ase to contribute. If he so ce ase s to contribute, any pension payable on his death shall be so reduced as to correspond with the payments he has made; or if in the meantime (a) in the case of a married contributor, his wife has died and his children, if any, have ceased to be of a pensionable age, or (b) in the case of a wid o wer , h i s ch ildren have ceased t o be of a pensionable age, he shall cease to rank for benefit under this Act whether by way of pension or return of contributions.

24. A contributor who is married or who is a widower with children of a pensionable age, to whom a pension is not granted and who leaves the service of the Government before his contribution term has expired, shall not be eligible to continue to contribute thereafter, and the provisions of article 23 shall apply to him as if he had ceased to contribute on leaving the service.

25.* Notwithstanding anything contained in this Act, no contributor who is dismissed from the service of the Government for misconduct or who, on being offered by a superior authority in view of misconduct the option of resigning or of being dismissed, elects to resign or who, in view of misconduct, is reduced in status so as no longer to be an officer for the purposes of this Act, shall be allowed to continue to contribute as from the date of his dismissal or coerced resignation or reduction in status, and the following provisions shall apply in each such case:

(i) if the contributor dismissed or coerced to resign or reduced in status is a bachelor, there shall be payable to him one-half of his total contributions, without interest and less any debt declared by the Accountant General to be due to the Government by that contributor, and on any such repayment or set-off his rights under this Act shall cease;
(ii) if the contributor dismissed or coerced to resign or reduced in status is a widower without children of a pensionable age, there shall be payable to him one-half, without interest and less any debt declared by the Accountant General to be due to the Government by that contributor, of the contributions which he has paid since the death of his last wife or since the ceasing to be of a pensionable age of his last child, whichever event shall have happened last,

*See S. 6(2) of Act No. XV of 1948.

under this Act shall cease;
(iii) if the contributor dismissed or coerced to resign or reduced in status is married or is a widower with children of a pensionable age he shall be deemed to have retired on the day of his dismissal or coerced resignation or reduction in status and to have ceased to contribute as from that day, and the appropriate provisions of article
23 shall apply to him as if he had elected to cease to contribute as from that day.

26. The pensions and the refunds of contributions payable under this Act shall be calculated by the Accountant General and shall be paid as they become due.

27. All pensions payable under this Act shall commence upon the death of the contributor in respect of whom they are payable, shall accrue daily, and shall be payable monthly, provided that a pen s ion may be payable quarterly inst ead of mont hly if t h e pensioner so desires.

28. No pension payable under this Act and no rights of any contributor acquired thereunder, shall be assignable or transferable, or liabl e to be attached, sequestered, or levied upon, for, or in respect of, any debt or claim whatsoever.

29. If the widow of a contributor while in receipt of a pension ceases to assist, de serts, or abandons a child of h e rs by the contributor whom she is bound by law to maintain and who is of a pensionable age, the Minister responsible for finance may, at his discretion, order that any portion of the pension be paid to a fit and proper person on behalf of such child, and the widow shall have no further claim in respect of such portion.

30. In all cases where under this Act the persons entitled to pension are minors, such pension may be paid, either to the legal guardian, or guardians, of such minors, or to such minors, or to such person or persons as the Minister responsible for finance may, at his absolute discretion, think fit and proper persons to apply the same for the benefit of such minors, and after such payment the Government shall be free from all responsibility in respect of such payment.

31. The Government may require such proof as it deems desirable that any person claiming to be entitled to pension or on behalf of whom such claim is made, is alive and entitled to pension, and the payment of any pension may be refused until such proof is furnished to the satisfaction of the Government.

32. (1) The Pension Tables may be revised from time to time after investigation by an actuary appointed by the Government. Such investigation shall take place at such dates as the Government may from time to time determine being not less than ten years from the date when the scheme first came into operation or from the date of the last investigation.

Calculation and payment of contributions. Amended by:

VI. 1959.3.

Commencement of payment of pensions.

Assignment or transfer of pensions.

Abandonment of child by widow. Amended by: L.N. 4 of 1963.

Pension payable to minors.

Amended by: L.N. 4 of 1963.

Power of Government to require proofs.

Revision of

Pension Tables.

(2) If after such an investigation it is decided by the Government that revised Pension Tables shall be adopted, the new Pension Tables as approved by the actuary shall be substituted for the Tables previously in force and shall come into force on a date which shall be previously notified in the Government Gazette and shall apply to any pe nsions payable in respect of a cont ributor dying on or after that date but not to any pension payable in respect of a contributor dying before that date:
Provided that where any revision takes place, in no case shall an officer be liable to an increase in the annual rate of contribution or shall the beneficiary suffer a decrease in the pension.

Decision of questions and disputes. Amended by: VI. 1958.2; XXV. 1962.2,4; L.N. 4 of 1963.

Power of Minister to make regulations. Amended by:

L.N. 4 of 1963.

Irrevocability of notices given.

Pension payable to widows and orphans of civil servants who died prior to commencement of Act.

Amended by: XXVIII.1929. 19;

L.N. 46 of 1965; LVIII. 1974.68;

XIII.1983.5;

L.N. 408 of 2007.

33. All questions and disputes as to who is entitled to be deemed a contributor, or as to the right of a widow or child to a pension, or as to the amount of such pension, or as to the rights or liabilities of any person under this Act, shall be decided by the Minister responsible for finance, whose decision shall be binding on all parties, and shall, to all intents and purposes, be final and not subject to appeal or to be questioned or revised by any court of justice.

34. It shall be lawful for the Minister responsible for finance, from time to time, to make regulations not inconsistent herewith, for the proper carrying out of the provisions of this Act, and to repeal, alter and vary the same.

35. Unless otherwise provided, all notices of election given by officers under the provisions of this Act shall be irrevocable.

36. (1) Widows and orphans of civil servants who died prior

to the date of the commencement of th is Act if cap able of
constituting beneficiaries, may, at the discretion of the President of Malta, be granted a yearly pension of seven-fortieths of the last salary enjoyed by the respective husband or father.
(2) In no event shall the pension, in such cases, exceed one h u nd r ed an d t hi r ty - ni n e eu ro and seventy-six cents (139.76) per annum.
(3) Such grant may be made also to widows and orphans of civil servants who died since the first of July, 1927, but not after the d a t e of t h e issue o f th e Gov e r n ment Noti ce r e ferred to in subarticle (4) of article 4.

Compassionate allowance payable to widows and orphans of civil servants who retired prior to commencement of Act.

Added by: XXVIII.1929.20. Amended by: L.N. 46 of 1965; LVIII.1974.68; XIII. 1983.5;

L.N. 408 of 2007.

37. (1) Widows and orphans of civil servants who retired from the service prior to the commencement of this Act, if capable of constituting beneficiaries, may, at the discretion of the President of Malta, be granted a yearly compassionate allowance, as from the f i rs t of Ap r i l , 19 29 , equ a l to s e ve n- f o r t ie th s of th e la st sal a r y enj oyed by t h e resp ect i ve h u sband or father, abated by o n e- twentieth for each complete year during which a pension or retiring allowance was paid to the husband or father. The compassionate allowance shall not be less than seven-eightieths of the said salary.

(2) In no case, however, shall the compassionate allowance granted under this article exceed ninety-three euro and seventeen cents (93.17) per annum, or the yearly pension or retiring allowance
paid to the husband or father, whichever is less.*

*As to special pension in certain cases to the widow an d childr en of a medical practitioner, whether in the employment of the Government or not or of a Sanitary Inspector, see articles 46, 47 and 48 of the Prevention of Disease Ordinance (Chapter

36).

TABLE A

Age of Age of Wife

Husband

15 20 25 30 35 40 45 50 55 60 65

TABLE B Amended by: XXVIII. 1929.22.

Age of Age of Wife

Husband

15 20 25 30 35 40 45 50 55 60 65

Amended by: TABLE C

XXVIII. 1929.23

Age of Age of Wife

Husband

15 20 25 30 35 40 45 50 55 60 65

TABLE D

Age of Age of Wife

Husband

Amended by: XXVIII.1929.24; XIII.1983.4. Substituted by: L.N. 408 of 2007.

Calculations of

Registered

Pensions.

SCHEDULE

Synopsis of Rules

A. PUBLIC OFFICER WHO COMMENCED TO CONTRIBUTE WHILE A BACHELOR.

I. FIRST WIFE’S PROSPECTIVE PENSION.

(A) Pension in consideration of the contributions paid during bachelorhood.
(B) Pension in consideration of the annual contribution current at the date of marriage.
(C) Variations of pension consequent on increments to, and decrements from, the current annual contribution while the contributor is married to his first wife.

II. SECOND, AND SUBSEQUENT, WIFE’S PROSPECTIVE PENSION.

(D) Variations of pension consequent on increments to, and decrements from, the current annual contribution while the contributor is a widower.
(E) Variations of pension consequent on the remarriage of the contributor.
(F) Variations of pension consequent on increments to, and decrements from, the current annual contribution while the contributor is married to his second, or subsequent, wife.

B. PUBLIC OFFICER WHO COMMENCED TO CONTRIBUTE WHILE MARRIED.

III. FIRST WIFE’S PROSPECTIVE PENSION.

(G) Pension in consideration of the annual contribution current at the date of commencement of the contribution.
(H) Pension in terms of A.15 (a) of the Act.
(I) Variations of pension consequent on increments to, and decrements from, the current annual contribution while the contributor is married to his first wife.

IV. SECOND, AND SUBSEQUENT, WIFE’S PROSPECTIVE PENSION.

(J) Variations of pension consequent on increments to, and decrements from, the current annual contribution while the contributor is a widower.
(K) Variations of pension consequent on the remarriage of the contributor.
(L) Variations of pension consequent on increments to, and decrements from, the current annual contribution while the contributor is married to his second, or subsequent, wife.

C. PUBLIC OFFICER WHO COMMENCED TO CONTRIBUTE WHILE A WIDOWER.

V. SECOND, AND SUBSEQUENT, WIFE’S PROSPECTIVE PENSION.

D. PENSIONS TO ORPHAN CHILDREN.

VI. ORPHANS’ PENSIONS AT DEATH OF WIDOWER CONTRIBUTOR.

Calculations of

Registered

Pensions.

(M) Case where the orphans are the issue of the same wife
(N) Case where the orphans are the issue of different wives.

VII. ORPHANS’ PENSIONS AT DEATH OR REMARRIAGE OF WIDOW. VIII. ORPHANS’ PENSIONS AT DEATH OF MARRIED CONTRIBUTOR.

E. PUBLIC OFFICER WHO COMMENCED TO CONTRIBUTE

CHILDREN THE AGE OF 60 YEARS OR OVER, UNDER ARTICLE 5 (2).

F. PUBLIC OFFICER MARRIED OR WIDOWER WITH CHILDREN A PENSIONABLE AGE TRANSFERRED TO THE SERVICE OF ANOTHER BRITISH COLONY.

IX. BENEFICIARIES’ PROSPECTIVE PENSIONS.

(O) Pension in consideration of the contributions paid during the period of service under the Government.
(P) Pension in consideration of the contributions paid after the transfer to another British Colony.

A to C and E. - CALCULATION OF REGISTERED PENSIONS.

A register shall be kept in which full particulars respecting each contributor shall be recorded. In the case of a married or widower contributor the registered pension shall be calculated and recorded as soon as he becomes a contributor and whenever there is a change in the rate of contribution.
The registered pension shall be calculated in accordance with the following Rules
DIRECTIONS AND RULES TO BE FOLLOWED IN CALCULATING REGISTERED PENSIONS.
A. PUBLIC OFFICER WHO COMMENCED TO CONTRIBUTE WHILE A BACHELOR.
NOTE 1. No registered pension is to be recorded unless and until the bachelor
contributor marries.

1. FIRST WIFE’S PROSPECTIVE PENSION.

NOTE 2. The initial registered pension to be recorded on marriage is found by adding together: (A) the pension in consideration of the contributions paid during bachelorhood; and (B) the pension in consideration of the annual
contribution current at the date of marriage.
(A) Pension in consideration of the contributions paid during bachelorhood.
RULE 1. Accumulate the contributions at 6%, compound interest, with yearly rests at each 31st December and multiply the result by the quantity found from Table A, corresponding to the age next birthday of the husband and of the wife at the date of marriage.
Double the product gives the registered pension on account of the contributions paid during bachelorhood. Vide (A) Ex. 1.
RULE 2. If double rate of contribution is paid, under A.6 (1) (b), accumulate such
contributions at 6%, compound interest, with yearly rests at each 31st December, and multiply the result by the quantity found from Table A, corresponding to the
age next birthday of the husband and of the wife, at the date of marriage.
This product, multiplied by 3/2, gives the registered pension on account of the double contributions paid during bachelorhood. Vide (A) Ex. II and Note 5.
(B) Pension in consideration of the annual contribution current at the date of marriage.
RULE 3. Turn to Table B, and multiply the amount of the current annual
contribution by the quantity found from that Table, corresponding to the age next birthday of the husband and of the wife, at the date of marriage.
Double this product gives the registered pension on account of the annual contribution current at the date of marriage. Vide (B) Ex. I.
RULE 4. If double rate of contribution is made under A.6 (1) (b), turn to Table B,
and multiply the amount of the total current annual contribution by the quantity found from that Table, corresponding to the age next birthday of the husband and of the wife at the date of marriage.
This product multiplied by 3/2 give the registered pension on account of the total
annual contribution current at the date of marriage. Vide (B) Ex. II and Note 5.
NOTE 3. The amount of the current annual contribution is obtained by multiplying by 12 the amount of the last monthly contribution.
(C) Variations of pension consequent on increments to, and decrements from, the current annual contribution while a contributor is married to his first wife.
RULE 5. Turn to Table B, and multiply the amount of the increment to, or the
decrement from, the current annual contribution, by the quantity found from the
Table, corresponding to the age next birthday of the husband and of the wife, at
the date of the variation of the contribution.
Double this product gives the amount to be added to, or deducted from, the registered pension, as the case may be, consequent on the increment to, or
decrement from, the current annual contribution. Vide (i) & (ii) Ex. III.
RULE 6. If double rate of contribution is paid under A. 6 (1) (b), instead of
doubling the product resulting from the application of the first paragraph of Rule
5, multiply that product by 3/2, and the result will give the total amount to be
added to, or deducted from, the registered pension, consequent on the increment to, or decrement from, the total annual current contribution. Vide (i) & (ii) Ex.
IV and Note 5.
NOTE 4. The cessation of the contribution from any cause, before the completion of the full period of contribution, must be regarded as a decrement from the current annual contribution, equal to the amount of such current annual contribution. Vide (iii), Ex’s III and IV.
NOTE 5.(1) In the case of an extra contribution under A. 6 (1) (b), the total
contribution shall be double that fixed by A. 6 (1) (a), provided however that the
pension resulting from the total contribution does not exceed .279.52 p.a. If the pension exceeds .279.52 p.a., the extra contribution shall be limited to that
corresponding to the difference required to make up the pension to the maximum
of .279.52 p.a. fixed by A. 15 (b). Vide Ex. V.
(2) Should, however, the same maximum of .279.52 p.a. be exceeded in cases of ordinary rate of contribution, the registered pension will be reduced to .279.52 p.a., but no reduction will be made in the contribution. Vide Ex. VIII.
(3) The amount to be deducted from the extra contribution will be determined as illustrated in Example V.

II. SECOND, AND SUBSEQUENT, WIFE’S PROSPECTIVE PENSION.

(D) Variations of pension consequent on increments to, and decrements from, the current annual contribution while the contributor is a widower.
RULE 7. Assume that the contributor is married to a wife of the age that his last
preceding wife would have attained had she lived to the date of the variation of
the contribution, and proceed as in Rule 5, or Rule 6, according to the current annual contribution. Vide (D) Ex. VI.
(E) Variations of pension consequent on the remarriage of the contributor.
NOTE 6. No variation of the registered pension is to be recorded if the second, or subsequent, wife was, at the date of the remarriage, of the same age next
birthday, as the last preceding wife would have attained had she lived to that date.
RULE 8. If the second, or subsequent, wife was at the date of remarriage of a less or greater age next birthday than the last preceding wife would have attained had
she lived to that date, multiply the amount of the registered pension by the quantity found from Table D corresponding to the age next birthday of the husband at the date of remarriage, and the age next birthday which the last
preceding wife would have attained had she lived to that date; multiply the
product so obtained by the quantity found from Table A corresponding to the age next birthday of the husband and of the second, or subsequent, wife at the date of
the remarriage.
The result gives the registered pension to be recorded at the date of the remarriage of the contributor. Vide (E) Ex. VI.
(F) Variations of pension consequent on increments to, and decrements from, the current annual contribution, while the contributor is married to his second, or sub- sequent, wife.
RULE 9. Proceed as in Rule 5, or Rule 6, according to the current annual contribution. Vide Ex’s III and IV.

B. PUBLIC OFFICER WHO COMMENCED TO CONTRIBUTE WHILE MARRIED.

III. FIRST WIFE’S PROSPECTIVE PENSION.

NOTE 7. In every case of a public officer who commenced to contribute while married, the wife at the date of commencement of the contribution is to be
considered as the officer ’s first wife, and no particulars are to be recorded
respecting any former wife to whom he may have been married, unless there is
issue of pensionable age of such former wife (See D. Pensions to Orphan
Children).
(G) Pension in consideration of the annual contribution, current at the date of commencement of the contribution.
RULE 10. Proceed as in Rule 3, or Rule 4, according to the current annual contribution. Vide (G) Ex. VII.
(H) Pension in terms of A.15 (a) of the Act.
RULE 11. In the case of these officers the initial registered pension is - (G) Pension under Rule l0, plus
(H) 7/40ths of the salary on the date of the promulgation of the Act, provided that

the latter amount shall in no case exceed .139.76 - A. l5 (a) - and provided also that in no case shall the total registered pension accruing under this Rule exceed the

sum of .279.52 p.a. - A. I5 (b). - Should this maximum be exceeded, in the case of

extra rate of contribution under A. 6.(1)(b), the extra contribution will be reduced as stated in Note 5. Vide Ex. VIII.

(I) Variations of pension consequent on increments to, and decrements from, the current annual contribution while the contributor is married to his first wife.
RULE 12. Proceed as in Rule 5, or Rule 6, according to the current annual
contribution, provided that should the maximum of .279.52 p.a. be exceeded, the extra contribution, if any, will be reduced as per Note 5.

IV. SECOND, AND SUBSEQUENT, WIFE’S PROSPECTIVE PENSION.

(J) Variations of pension consequent on increments to, and decrements from, the current annual contribution while the contributor is a widower.
RULE 13. Proceed as in Rule 7.
(K) Variations of pension consequent on the remarriage of the contributor.
RULE 14. Proceed as in Rule 8.
(L) Variations of pension consequent on increments to, and decrements from, the current annual contribution while the contributor is married to his second, or sub- sequent, wife.
RULE 15. Proceed as in Rule 5, or Rule 6, according to the current annual contribution.

C. PUBLIC OFFICER WHO COMMENCED TO CONTRIBUTE WHILE A WIDOWER.

V. SECOND, AND SUBSEQUENT, WIFE’S PROSPECTIVE PENSION.

RULE 16. For the purpose of calculating the registered pension, assume that the
deceased wife lived to the date of commencement of the contribution and died
immediately afterwards; then proceed in accordance with the Rules applicable to the cases of officers who commenced to contribute while married, that is in
accordance with Rule 10, or Rule 11, as the case may be.

D. PENSIONS TO ORPHAN CHILDREN.

VI. ORPHANS’ PENSIONS AT DEATH OF WIDOWER CONTRIBUTOR.

(M) Case where the Orphans are the issue of the same wife.
RULE 17. Divide the amount of the registered pension of the widower contributor equally among the children entitled for the time being. Vide Ex. IX.
(N) Case where the Orphans are the issue of different wives.
NOTE 8. The Rules here given provide for the case of two wives only.
RULE 18.(1) Divide equally among such of the children of the first wife as may be entitled for the time being one moiety of the pension which the first wife would have received had she survived the contributor.
(2) Divide equally among such of the children of the second wife as may be
entitled for the time being one moiety of the pension which the second wife would have received had she survived the contributor, and had there been no issue of the
first wife entitled to pension.
(3) As soon as all the children of either the first wife or the second wife, have ceased to be entitled to pension, divide equally among such of the children of the
other wife as may be entitled for the time being the whole of the pension which such other wife would have received had she survived the contributor, and had there been
no issue, but her own, entitled to pension.

VII. ORPHANS’ PENSIONS AT DEATH OR REMARRIAGE OF WIDOW.

RULE 19. Divide the amount of the widow’s pension equally among her children entitled for the time being. Vide Ex. X.

VIII. ORPHANS’ PENSIONS AT DEATH OF MARRIED CONTRIBUTOR.

RULE 20. In the case where a contributor dies leaving a widow, and also children the issue of a previous marriage, divide equally among such of the children of
the first wife as may be entitled for the time being one moiety of the pension
which the first wife would have received had she survived the contributor. On
the widow’s pension ceasing, divide equally among such of the children of the first wife as may be entitled for the time being the whole of the pension which the first wife would have received had she survived the contributor.
NOTE 9. In this case, so long as, the children of the first wife are entitled to pension, the widow’s pension is one moiety of that which she would have received had there been no such children.

E. PUBLIC OFFICER WHO COMMENCED TO CONTRIBUTE AT THE AGE OF

60 YEARS OR OVER, UNDER ARTICLE 5 (2).
NOTE 10. Public officers who become contributors at the age of 60 years or over, under A. 5 (2), are to contribute until they attain the age of 65 years.
RULE 21. Proceed as indicated in the foregoing Rules and relative Examples, but substitute Table C for Table B.

F. PUBLIC OFFICER MARRIED OR WIDOWER WITH CHILDREN OF A PENSIONABLE AGE TRANSFERRED TO THE SERVICE OF ANOTHER BRITISH COLONY.

IX. BENEFICIARIES’ PROSPECTIVE PENSIONS.

(O) Pension in consideration of the contributions paid during the period of service under the Government.
(P) Pension in consideration of the contributions paid after the transfer to another British Colony.
NOTE 11. If a contributor who is married or is a widower with children of
pensionable age, is transferred from the service of the Government to other
employment under the British Crown, or to the service of a British Protectorate, before his contribution term has expired, he may
(i) continue to contribute at the rate he was contributing immediately before he was so transferred, or, if his salary is reduced, at a corresponding reduced rate; or
(ii) cease to contribute on transfer, or at any time thereafter. In case (i) the registered pension shall consist of -
(O) pension in consideration of the contributions paid during the period of
service under the Government; and
(P) pension in consideration of the contributions paid after the transfer.
In case (ii), however, should he cease to contribute on transfer, he would be
entitled only to the pension (O) in consideration of the contributions paid during the period of his service under the Government. Vide Ex. XI.
RULE 22. In the case of public officers transferred to another British Colony, the registered pension in respect of the contributions paid during the period of
service under the Government, is to be calculated in the manner indicated in the
foregoing Rules; the pension, however, in respect of the contributions paid after the transfer will be reckoned on the net values found from the Tables. Vide Ex. XI.

USE OF THE TABLES.

Interpolation of values for wife’s age.

It will be noticed that the Tables give the husband’s age for each year of life, but the wife’s at quinquennial intervals only.
RULE 23. The results for intermediate ages of the wife are to be determined by taking a proportionate part of the difference.

Therefore, for husband 40 and wife 46, 1/5 of this difference (=.020 say), is added to the lower of the above table values (.524), and the result is .544 (viz: .524+.020); while for husband 40 and wife 47, 2/5 of the difference is added, and so on.

It should be carefully noted that this process is subtractive, not additive, in Table
D.

SPECIAL NOTE.

Attention is drawn to Article 15 (a) of the Act, wherein it is laid down that a bachelor officer serving on the date of the promulgation of the Act, who marries within three months from a date to be fixed by Government Notice, shall be credited with a registered pension made up of the benefits accruing to him in accordance with
the Tables and Rules annexed to the Act, and with 7/40ths of his salary on the date of
the promulgation of the Act.

EXAMPLES ILLUSTRATING THE METHOD OF APPLICATION OF THE TABLES AND RULES.

A. PUBLIC OFFICER WHO COMMENCED TO CONTRIBUTE WHILE A BACHELOR.

I. FIRST WIFE’S PROSPECTIVE PENSION EXAMPLE I.

Application of Rules 1 and 3, and Note 2.

Office (bachelor) paying ordinary contribution under A. 6 (1) (a) -
born on ................................................................................. 31st July, 1887
commenced to contribute on .................................................. 1st April, 1928
married on ........................................................................... 30th June, 1932
Annual contribution from 1st April, 1928 to 31st December, 1930 .... L5.82
Annual contribution from 1st January, 1931 to date of marriage ........€9.32
Wife born on ..................................................................... 31st August, 1897
Officer ’s age next birthday at date of marriage ........................................... 45
Wife’s age next birthday at date of marriage ................................................35
According to Note 2 - Registered Pension to be recorded on marriage =
(A) Pension in consideration of the contributions paid during bachelorhood,
plus
(B) Pension in consideration of the current annual contribution. To determine (A) apply Rule 1, as follows: -
Contribution from 1st April to 31st December, 1928 =

9/12 of €5.82 ............................................................................ €4.37

Contribution during 1929 ....................................................... €5.82
One year ’s Interest at 6% on €4.37 ......................................... €0.26
€10.45
Contribution during 1930 ....................................................... €5.82
One year ’s Interest at 6% on €10.45 ....................................... €0.63
€16.91
Contribution during 1931 ....................................................... €9.32
One year ’s Interest at 6% on €16.91 ....................................... €1.01
€27.23

Contribution from 1s t January to 30th June, 1932 =6 / 12 of

€9.32 ..................................................................................... €4.66
Half year ’s Interest at 6% on €27.24 ....................................... €0.82
Accumulation of contributions paid during bachelorhood, at
date of marriage .................................................................... €32.71
Quantity found from Table A: -
Husband 45 }.................................. .312
Wife 35
(A) = €32.71 x .312 x 2 = €20.41 = Registered Pension in respect of the contributions paid during bachelorhood.
To determine (B) apply Rule 3, as follows:
Annual contributions current at date of marriage...................... €9.32
Quantity found from Table B: -
Husband 45
Wife 35

}.................................. 2.862

(B) = € 9 .32x 2.862 x 2 = €53.33 = Reg i stered Pension in resp ect of ann u al contribution current at date of marriage.
... Total Registered Pension to be recorded on the bachelor contributor marrying
(see Note 2) is
(A)= €20.41 plus
(B)= €53.33
Total €73.74 ........................... (i).

EXAMPLE II.

Application of Rules 2 and 4, and Note 2.

Assuming particulars as in Ex. I, but the officer paying double the contributions therein mentioned, respectively, under A. 6 (1) (b), viz: €11.65 and €18.63.
Registered Pension to be recorded on marriage =
(A) Pension in consideration of the contributions paid during bachelorhood, plus
(B) Pension in consideration of the current annual contribution. To determine (A) apply Rule 2, as follows: -

Contribution fr om 1st Ap ri l to 31st De cember, 1928 = 9 /12 of

€11.65 ............................................................................................ €8.74
Contribution during 1929............................................................. €11.65
One year ’s Interest at 6% on €8.74 .............................................. €0.52
€20.91
Contribution during 1930............................................................. €11.65
One year ’ s Interest at 6% on €20.91 ........................................... €1.26
€33.82
Contribution during 1931 ........................................................... €18.63
One year ’s Interest at 6% on €33.82 ............................................ €2.02
€54.47

Cont ribut ions fr om 1st January t o 30 th Jun e , 1 932 = 6 / 12 of

€18.63
€9.32
Half year ’s Interest at 6% on €54.47..................................... €1.63
Accumulation of contributions paid during bachelorhood at date
of marriage ................................................................................ €65.42
Quantity found from Table A:
Husband 45 }.............................. .312
Wife 35

(A) = €65.64 x .312 x 3/2 = €30.61 = Registered Pension in respect of contributions paid during bachelorhood.

To determine (B) apply Rule 4, as follows:
Annual contribution current at date of marriage .......................... €18.63.
Quantity found from Table B: -
Husband 45
Wife 35

}.............................. 2.862

(B) = €18.63 x 2.862 x 3/2 = €80.00 = Registered Pension in respect of annual contribution current at date of marriage.

...Total Registered Pension to be recorded on the bachelor contributor marrying (see
Note 2), is
(A) = €30.61 plus
(B) = €80.00
Total €110.61 ..............................(i).

EXAMPLE III.

Application of Rule 5 and Note 4.

(C) Variations of pension consequent on increments to, and decrements from, the current annual contribution while the contributor is married to his first wife
(ordinary contribution). Assuming particulars as in Ex. I, and that
(i) Annual contribution increases on 31st May, 1937 ..... from €9.32 to €13.98 viz:
increment of €4.66
(ii) Annual contribution decreases on 30th April, 1942 ... from €13.98 to €11.65 viz:
decrement of €2.33
(iii) Annual contribution ceases on 31st March, 1945 ..... from €11.65 to nil viz:
decrement of €11.65
(i) 1937, May 31st- Increment to current
annual contribution......................................................... €4.66. Quantity found from Table B:
Husband 50
Wife 40

}.............................. 1.963

€4.66 x 1.963 x 2 = €18.29 = amount to be added to the Registered Pension, in respect of the increment to the annual contribution.
... Registered Pension at marriage [Ex.I (i)] ............................... €73.74 plus amount as above............................................................. €18.29
... (c) (i) = Registered Pension on 31st May, 1937 = ................... €92.03
(ii) 1942, April 30th - Decrement from current
annual contribution ............................................................... €2.33
Quantity found from Table B:
Husband 55
Wife 45

}.............................. 1.073

€2.33 x 1.073 x 2 = €5.00 = amount to be deducted from Registered Pension (C) (i), in respect of the said decrement from the current annual contribution.
... Registered Pension (C) (i)............................................................ €92.03
less amount as above ................................................................. €5.00
...(C)(ii) Registered Pension on 30th April, 1942 =........................ €87.03
(iii) 1945, March 31st - Cessation of contribution, regarded as decrement from current annual contribution, (Note 4) ........................................................... €11.65
Quantity calculated from Table B:-
Husband 58
Wife 48
}.............................. .461 (Vide Rule 23).
€11.65 x .461 x 2= €10.74 = amount to be deducted from the previous Registered
Pension (c) (ii), in respect of the cessation of the current annual contribution.
... Registered Pension (c) (ii), as above .................................................. €87.03
€ess amount as above......................................................................... €10.74
...(c) (iii) Registered Pension on 31st March, 1945 = .............................. €76.30

EXAMPLE IV. APPLICATION OF RULE 6 AND NOTE 4.

(C) Variations of pension consequent on increments to, and decrements from, the current annual contribution while the contributor is married to his first wife

(double contribution) Assuming particulars as in Ex. II, and that
(i) Annual contribution increases on 31st May, 1937
... from €18.63 to €27.95, viz: increment of €9.32
(ii) Annual contribution decreases on 30th April, 1942
... from €27.95 to €23.29,viz: decrement of €4.66
(iii) Annual contribution ceases on 31st March, 1945
... €23.29 to nil, viz: decrement of €2.33
(i) 1937, May 31st - Increment to current annual contribution ...................€9.32
Quantity found from Table B:
Husband 50
Wife 40

}............................................................................................ 1.963

€9.32 x 1.963 x 3/2 = €27.44 = amount to be added to the Registered Pension, in respect of the increment to the current annual contribution.
... Registered Pension at date of marriage [Ex.II(i)]......................... €110.61
plus amount as above ................................................................ €27.44
...(C) (i) Registered Pension on 31st May, 1937 = ........................... €138.04
(ii) 1942, April 30th - Decrement from current
annual contribution .................................................................. €4.66
Quantity found from Table B:
Husband 50
Wife 40

}................................................................... 1.072

€4.66 x 1.072 x 3/2 = €7.49 = amo unt to be deducted fro m th e p r evious Registered Pension (c) (i) in respect of the said decrement, from the current annual contribution.
... Registered Pension (c) (i), as above.................................................... €138.04
Registered Pension (c) (i), as above.................................................... €138.04
less amount as above .......................................................................... €7.49
... (c) (ii) = Registered Pension on 30th April, 1942 = ............................. €130.55
(iii) 1945, March 31st - Cessation of contribution, regarded as decrement from the current annual contribution, (Note 4), ................................................ €23.29.
Quantity calculated from Table B:
Husband 58
Wife 48
}.............................. .461 (Vide Rule 23).
€ 23.29 x .461 x 3/2 = €1 6.11 = amount to be deducted from th e previo us Registered Pension (c) (ii), in respect of the cessati on of the current annual contribution.
... Registered Pension (c) (ii), as above ............................................ €130.55
less amount as above .................................................................. €16.11
... (c)(iii) =Registered Pension on 31st March,1945 = ...................... €114.44

EXAMPLE V.

Application of Note 5.

Officer (bachelor paying double rate of contribution under A. 6 (1) (b),
born on ............................................................................................... 31st July 1887
commenced to contribute on .............................................................. 1st April 1928
married on .......................................................................................... 30th June 1932
Annual Contribution 1st April, 1928 to 31st December, 1930
Annual Contribution 1st January, 1931 to date of marriage
€17.47 x 2 = €34.94
€20.38 x 2 = €40.76
Wife born on 31st August 1892
Officer’s age next birthday at date of marriage 45
Wife’s 40
Registered Pension to be recorded on marriage =
(A) Pension on consideration of the contributions paid during bachelorhood, plus
(B) Pension in consideration of the current annual contribution.
By applying Rules 2 and 4, and proceeding as in Ex. II., (A) will be found to be €92.70 and
(B), €200.19
... Total Registered Pension to be recorded is
(A) = €92.70 plus
(B) = €200.19

Total €292.89

Thi s exceed s th e max imu m of €2 79. 52 p.a. b y € 13.3 6 ; th er efo r e th e extr a contribution should be reduced in terms of Note 5 from the date of marriage.
To determ ine the am oun t by whi ch th e extra cont ribu tion shou ld b e redu ced , divide the excess (€13.36) by the last quantity found from Table B, in calculating (B), viz: the quantity corresponding to the ages next birthday of the husband and of the wife respectively at the dat e of t h eir marriage. Th e quo tient will gi ve th e required reduction from the extra contribution. The process of calculation is as follows:
Quantity found from Table B: Husband at date of marriage 45
Wife at date of marriage 40
€13.36

}.............................. 3.274

3.274
= €4.08
... from the date of marriage
Extra contribution = €20.38 - €4.08 = €16.31, and
... Total contribution = €20.38 + €16.31 = €36.69 instead of 40.76 (double the ordinary contribution).

II SECOND, AND SUBSEQUENT, WIFE'S PROSPECTIVE PENSION.

EXAMPLE VI.

Application of Rules 7 and 8.

In this case the following variations of pension have to be considered, both in the case of the ordinary and of the double rate of contribution, viz:
(D) Variations of pension consequent on increments to, and decrements from, the

current annual contribution, while the contributor is a widower; and

(E) Variations of pensions consequent on the remarriage of the contributor.
To determine (D), apply Rule 7.
To determine (E), apply Note 6, or Rule 8, according as to whether the second, or subse- quent, wife’s age next birthday at date of remarriage, is, or is not, the same as the last pre- ceding wife would have attained had she lived to that date.
(D) Application of Rule 7.
Assuming particulars as in Ex. IV, except that the first wife who was born on 31st August
1897, died on 30th April 1935, it would be assumed that the contributor was, at the date of each of the three variations of the contribution, married to a wife who was born on the 31st August, 1897. The method of calculation will be that set forth in Ex. IV.
(E) Application of Rule 8.
Assuming particulars as in Ex. II, and that
First wife died on ......................................................................................... 30th April, 1935
Contributor remarried on .......................................................................... 31st March, 1937
Second, or subsequent wife born on ................................................... 30th September, 1902
Contributor’s age next birthday at date of remarriage ........................................................50
Second, or subsequent wife’s age next birthday at date of remarriage ...............................35
Age next birthday which the first wife would have been, had she lived to the date of remar- riage ....................................................................................................................................40
1927, March 31st- The second, or subsequent wife being of an age next birthday at the date of the remarriage less than that which the first wife would have been, had she lived, the Registered Pension €110.61 - Ex. II (i) is to be re-calculated by applying Rule 8, as fol- lows:
Quantity found from Table D:-
Husband at date of remarriage, 50
Wife at date of remarriage 40

}................... 3.594

Quantity found from Table A:-
Husband at date of remarriage, 50
Second, or subsequent wife, at date of remarriage 40

}................... .245

(E) = €40.721 x 3.594 x. 245 = €110.61 = Registered Pension on the date of remarriage (31 st March, 1937).
N . B: I f t h e Seco nd , o r sub s eq uen t , wi fe’s age n e xt b i rt hd ay at t h e date of remarriage, be the same as that which the last preceding wife would have attained had she lived to that date, no variation in the Registered Pension will be recorded. Vide Note 6.
(F) Moreover, should the current annual contribution be increased or decreased while the contributor is married to his second, or subsequent, wife, apply Rule

9.

B. PUBLIC OFFICER WHO COMMENCED TO CONTRIBUTE WHILE MARRIED.

III. FIRST WIFE'S PROSPECTIVE PENSION.

Application of Rules 10 and 11, and Note 7.

(a) In the case of new officers entering the service after the commencement of the Act A r t. 4(1 ) app l y No te 7, and reco rd o n ly t h e Registered Pension (G) in consideration of the annual contribution current at the date of commencement of the contribution, to be determined as directed in Rule 10, as follows: -

EXAMPLE VII.

Application of Rule 10.

Officer entering the service after commencement of this Act, viz: after 1st July, 1927: born on .............................................................................................. 30th June, 1903 married on .................................................................................... 31st October, 1925 and commenced to contribute date of entry on ........................30th September, 1927
Salary .................................................................................................................8582.34
Annual contribution (ordinary) current on date of entry........................................Ä14.56
Wife born on .................................................................................... 30th April, 1908
Officer’s age next birthday on date of entry .......................................................... 25
Wife’s age next birthday on date of entry of husband ...........................................20
1927, September 30th-Current annual contribution ............................................. Ä14.56
Quantity found from Table B:
Husband 25
Wife 20

}.............................. 6.952

(G) €14.56 x 6.952 x 2 = €202.42 = Registered Pension in respect of the annual contribution current at the commencement of contribution.
(b) In the case of officers serving on the date of the promulgation of the Act, who are, on that date, married or widowers with children of pensionable age [s.15(a)], the initial Registered Pension to be recorded is
(G) Pension under Rule 10, as in case (a) above, plus
(H) 7/49ths of the salary on date of promulgation of the Act, provided, however, that in no case shall the maximum of L139.76 and L279.52 20 p.a. respectively, fixed in s. 15, be exceeded.

EXAMPLE VIII.

Application of Rule 11.

Officer serving on the date of the commencement of the Act.
Assume particula r s a s in the next preceding exa m ple, except tha t the office r entered the service befor e the date of the comm encement of the Act, and that, therefore, his case falls under s 15(a).
Registered Pension to be recorded is
(G) = Pension under Rule 10, as in Ex: VII, ................................... €202.42 plus
(H) = 7/40ths of €582.34, as per A. 15 (a) ..................................... €101.91
... Total initial Registered Pension = .................................................. €304.33
As this Registered Pension exceeds €279.52, it should be reduced to €279.52 p.a.; b u t as on ly or din a r y co ntr i bu tio n is i nvo lv ed i n t h is case, t h e curr en t an nu al contribution is not to be reduced. Vide para. 2 of Note 5.
(I) Variations of pension consequent on increment to, and decrement from, the current annual contributor is married to his first wife.
Apply Rule 12.

IV. SECOND, AND SUBSEQUENT, WIFE'S PROSPECTIVE PENSION.

(J) Variations of pension consequent on increments to, and decrements from, the current annual contribution while the contributor is a widower.
Apply Rule 13.
(K) Variations of pension consequent on the re-marriage of the contributor.
Apply Rule 14.
(L) Variations of pension consequent on increments to, and decrements from, the current annual contribution while the contributor is married to his second, or subsequent, wife.
Apply Rule 15.

C. PUBLIC OFFICER WHO COMMENCED TO CONTRIBUTE WHILE A WIDOWER.

V. SECOND, AND SUBSEQUENT, WIFE'S PROSPECTIVE PENSION.

Apply Rule 16.

D. PENSIONS TO ORPHAN CHILDREN.

VI. ORPHANS’ PENSIONS AT DEATH OF WIDOWER CONTRIBUTOR.

(M) Case where the Orphans are the issue of the same wife.

EXAMPLE IX.

Application of Rule 17.

Registered Pension of widower contributor at his death is ............................... €104.82 p.a. Children entitled to pension at contributor’s death:
Spinster daughter aged ........................................................................................... 19
Son aged ................................................................................................................. 14
Son aged ................................................................................................................ 12
Each of the three children will receive a pension of €104.82/3 = €34.94 p.a.
If the spinster daughter marry at the age of 20, the two sons will each receive a pension of €104.82/2 = €52.41 p.a.
If subsequently one of the sons dies, whilst the other is still of pensionable age, the latter will receive the full pension of €104.82 p.a.
(N) Case where the Orphans are the issue of different wives.
Apply Rule 18.

N.B. - This Rule provides for the case of two wives only, but the principle holds good for any number of wives.

VII. ORPHANS’ PENSIONS AT DEATH OR RE-MARRIAGE OF WIDOW.

Apply Rule 19.

EXAMPLE X.

Application of Rule 19.

Amount of widow’s pension at her death or remarriage . .................................. €104.82 p.a. Children entitled to pension at her death or remarriage:
Assuming the particulars as in Ex. IX. proceed as therein indicated.

VIII. ORPHANS’ PENSIONS AT DEATH OF MARRIED CONTRIBUTOR.

Apply Rule 20 and Note 9.

E. PUBLIC OFFICER WHO COMMENCED TO CONTRIBUTE AT THE AGE OF

60 YEARS OR OVER, UNDER ART. 5 (2).
Apply Rule 21.

F. PUBLIC OFFICER MARRIED OR WIDOWER WITH CHILDREN OF A PENSIONABLE AGE TRANSFERRED TO THE SERVICE OF ANOTHER BRITISH COLONY.

Apply Rule 22 and Note 11.

EXAMPLE XI.

Application of Rule 22 and Note 11.

Officer entering the service after the commencement of this Act,
born on .............................................................................................. 30th June, 1903 married on .................................................................................... 31st October, 1925
Commenced to contribute on date of entry ..............................30th September, 1927
Salary ..................................................................................................................€582.34
Annual contribution (ordinary) current on date of entry ......................................€14.56
Wife born on .................................................................................... 30th April, 1908
Officer transferred on ................................................................. 31 st October, 1932
Officer’s age next birthday on date of entry ...........................................................25
Wife’s age next birthday on date of entry of husband ............................................20
Officer’s age next birthday on date of transfer .......................................................30
Wife’s age next birthday on date of transfer of husband.........................................25
Annual contribution after the transfer, same as before, .......................................€14.56
Annual contribution current on entry ...................................................................€14.56
According to Note 11, case (i) - Registered Pension to be recorded on the date of transfer = (O) Pension in consideration of the contributions paid during the period of service under
the Government, plus
(P) Pension in consideration of the contributions paid after the transfer.
To determine (O) apply Rule 22, as follows: Quantity found from Table B:
Husband, on date of entry, 25
Wife, on date of entry of husband, 20

}.............................. 6.952

... €14.56 x 6.952 x 2 = €202.42 = Registered Pension in respect of the annual contribution current on date of entry (i).
N.B: - Although the current annual contribution before and after the transfer, in this particular case, is the same, yet for the purpose of facilitating the calculation of the two partial pensions, the contribution should be regarded as ceasing at the end of the period of service under the Government - viz., on the date of the transfer - and to start again on the same date as the commencement of the period of contribution after the transfer.
Regarding, therefore, the cessation of the current annual contribution, on the date of the transfer, as a decrement of €14.56 from the same contribution,
Quantity found from Table B:
Husband, on date of transfer 30
Wife, on date of transfer of husband, 25

}.............................. 5.998

... €14.56 x 5.998 x 2 = €174.64 = amount to be deducted from the previous Registered
Pension (i) in respect of the cessation of the contribution. . . (ii)
... (O)=Registered Pension (i), as above ....................... €202.42
less amount (ii), as above ................................ €174.64
€27.78 .......... Registered
Pension in respect of the contributions paid during the period of service under the
Government..................................(iii)
Again, regarding the same annual contribution of €14.56 as the first contribution of the period after the transfer, and the quantity found from Table B being obviously the same as the above (viz: 5.998),
(P) = €14.56 x 5.998 x 1 = €87.32 = Registered Pension in respect of the contribution after the transfer (iv),
... Total Registered Pension to be recorded is
(iii) = €27.78 plus
(iv) = €87.32

Total €115.10

In the case in which the contribution (€14.56 p.a.) ceases definitely on the date of the transfer, the Registered Pension will be limited to the first partial Registered Pension (iii), that is, to €27.78 p.a.