PRISONS PENSIONS _g S.L.260.04 1
SUBSIDIARY LEGISLATION 260.04
PRISONS PENSIONS REGULATIONS
20th April, 2001
LEGAL NOTICE 88 of 2001.
Title.
Regulations.
Interpretation.
Cap. 260.
"correctional services officer" means any officer appointed to the
public service on or after the 15th January, 1979 and who occupies
any post listed in the Schedule
"Minister" means the Minister responsible for the prisons and
includes, to the extent of the authority given, any person authorised
on that behalf for any purpose of the Act;
"month" means a calendar month;
"pensionable emoluments" include -
(i)  salary,
(ii)  personal allowance,
but does not include special duty allowance, extra remuneration,
any fees paid out of the Treasury by way of salary or any other
emoluments whatsoever;
"personal allowance" means a special addition granted
personally to the holder for the time being of the office, but does
not include such an addition if it is granted subject to the condition
that it shall not be pensionable;
"year" means a calendar year.
Circumstances in 
which pension may 
be granted.
3. No pension shall be granted to any correctional services
officer except on his retirement from the Department of
Correctional Services in any one of the following cases:
( a ) on or after attaining the age of fifty-five years or if he
has completed twenty-five years’ service in the
Department of Correctional Services;
( b ) on the abolition of his office;
( c ) on compulsory retirement for the purpose of
facilitating improvement in the organisation of the
Department of Correctional Services, by which greater
efficiency and economy can be effected;
( d ) on compulsory retirement on the ground of public
interest;
( e ) on medical evidence to the satisfaction of the Prime
Minister that such correctional services officer is
incapable by reason of infirmity of mind or body of
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discharging the duties of his office and that such
infirmity is likely to be permanent.
Retirement on the 
ground of public 
interest.
4. Where a correctional services officer’s services is
terminated by the Prime Minister after taking regard of the
conditions of the Department of Correctional Services, the
usefulness of the correctional services officer thereto, and all the
circumstances of the case, and it is considered in the public interest
that he should no longer serve as a member of the Department of
Correctional Services, and a pension cannot otherwise be granted to
him under the provisions of these regulations, such correctional
services officer may be granted a pension not exceeding in amount
that for which he would be eligible if he retired from the
Department of Correctional Services in the circumstances
described in regulation 3( e ).
Maximum pension 
grantable.
5. (1) A pension granted to a correctional services officer
under these regulations shall not exceed two-thirds of the highest
pensionable emoluments drawn by him at any time in the course of
his services in the Department of Correctional Services.
(2) For the purpose of the preceding subregulation an
additional pension granted in respect of injury shall not be taken
into account; but where a correctional services officer is granted
such an additional pension, the amount of such additional pension
which he may draw shall not exceed one-sixth of his highest
pensionable emoluments at any time in the course of his service in
the Department of Correctional Services by more than the sum by
which his pension, apart from such additional pension, falls short
of two-thirds of such highest emoluments.
Pensions not to be 
assignable.
Cap. 12.
6. No pension granted under these regulations shall be
assignable, transferable or liable to be attached, sequestrated or
levied upon, for or in respect of any debt or claim whatever, except
in so far as is provided in article 381(3) of the Code of
Organization and Civil Procedure.
Pension to be 
reduced in certain 
circumstances.
7. (1) A correctional services officer who retires on grounds
listed in regulation 3( e ), to whom a pension has been granted under
these regulations and who is in receipt of -
( a ) any remuneration in respect of any employment, or of
any services rendered, of any office held; or
( b ) any income deriving from the exercise of a trade,
business, profession or vocation; or
( c ) any income deriving from any pension, allowance or
other payment in respect of any employment, service
or office aforesaid,
shall, until he reaches the age of fifty-five years or until the
twenty-fifth anniversary of his first appointment in the Department
of Correctional Services, whichever is the earliest, have his pension
reduced by the amount by which the aggregate income established
in accordance with the following provisions of this regulation
exceeds the salary which is then payable in respect of the post
which the officer held in retirement, taking account only, if such
salary is incremental, of the corresponding increments earned prior
PRISONS PENSIONS _g S.L.260.04 3
to retirement, or, if such post has been abolished, an analogous
post:
Provided that the yearly pension shall in no case be
reduced to less than the sum of fifty liri, and if the yearly pension
or other allowance does not exceed the minimum payable as
aforesaid, no reduction shall be made therefrom.
(2) For the purpose of subregulation (1), the aggregate income
shall be established by adding -
( a ) the pension which, but for the provisions of this
regulation, would have been receivable under these
regulations; and
( b ) any remuneration or income referred to in
subregulation (1)( a ), ( b ) or ( c ), or both remuneration
and income; and
by subtracting therefrom the yearly sum of fifty liri.
(3) Any reduction in the pension under subregulation (1) shall
be calculated on the basis of the pension, the remuneration or other
income, and the salary, receivable during a period of twelve months
ending on 31st December of the year in which the reduction is due
to be made, but, subject to any adjustments that may be or become
necessary for any reason whatsoever, and in so far as practicable,
shall be made from the monthly or other periodical payments of the
pension.
(4) Any officer to whom subregulation (1) applies shall
without delay inform the Accountant General, and keep him at all
times informed, of all the circumstances which render the said
subregulation (1) applicable to him and the extent to which it is so
applicable, and of any change in the circumstances or extent
aforesaid, and shall give the Accountant General, on request, all
relevant information; and if such officer fails to comply with any of
the provisions of this subregulation, any pension to which he may
be entitled under these regulations shall forthwith cease:
Provided that on good cause being shown, the pension or
other allowance may be restored, with or without retrospective
effect, by the Prime Minister.
Pensions to whom 
and at what rates to 
be granted.
Cap. 260.
8. Subject to the provisions of the Prisons Act, and of these
regulations, every correctional services officer, who has been in the
Department of Correctional Services for ten years or upwards, may
be granted a pension at the rate of one four-hundred and fiftieth of
his pensionable emoluments for each complete month of
pensionable service, subject to the limit described in regulation 5.
Service to be 
unbroken.
9. The service in respect of which a pension may be granted
must be unbroken, except in cases where the service has been
interrupted by abolition of office or other temporary suspension of
employment, and not arising from misconduct or voluntary
resignation:
Provided that any service prior to a break of service may be
allowed to count for pension together with any service subsequent
to such break:
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( a ) if the whole intervening period has been spent in some
other employment in the service of the Republic; or
( b ) in the case where such correctional services officer,
having resigned from the Department of Correctional
Services, is subsequently recalled in the Department of
Correctional Services with the approval of the Prime
Minister on account of the exigencies of the
Department of Correctional Services, and such recall
is certified by the Prime Minister.
Emoluments to be 
taken for 
computing 
pension.
10. (1) For the purpose of computing the amount of the
pensions of a correctional services officer who has had a period of
not less than three years’ pensionable service under these
regulations before his retirement -
( a ) in the case of a correctional services officer who has
held the same office for a period of three years
immediately preceding the date of his retirement, the
full annual pensionable emoluments enjoyed by him at
that date in respect of that office shall be taken;
( b ) in the case of a correctional services officer who at any
time during such period of three years has been
transferred from one office to another within the
Department of Correctional Services, but whose
pensionable emoluments have not been changed by
reason of such transfer or transfers within the
Department of Correctional Services, otherwise than
by the grant of any scale increments, the full annual
pensionable emoluments enjoyed by him at the date of
his retirement in respect of the office then held by him
shall be taken;
( c ) in other cases one third of the aggregate pensionable
emoluments enjoyed by the correctional services
officer in respect of his service during the three years
of his service immediately preceding the date of his
retirement shall be taken:
Provided that -
(i) if such one third is less than the highest annual
pensionable emoluments enjoyed by him at the
date of any transfer within the Department of
Correctional Services, within such period of
three years those annual pensionable
emoluments shall be taken; and
(ii) if such one third is less than the highest annual
pensionable emoluments enjoyed by him at the
date of his retirement, if he had continued to
hold any office within the Department of
Correctional Services from which he has been
transferred at any time during such period of
three years, and had received all scale
increments which, in the opinion of the Prime
Minister, would have been granted to him, the
annual pensionable emoluments which would
PRISONS PENSIONS _g S.L.260.04 5
have been so enjoyed shall be taken.
(2) For the purpose of determining under subregulation (1) the
pensionable emoluments that a correctional services officer has
enjoyed or would have enjoyed, as the case may be, he shall be
deemed -
( a ) to have been on duty on full pensionable emoluments
throughout the period of three years immediately
preceding the date of his retirement; and
( b ) to have enjoyed the benefit on any increase due to a
revision of salaries in the pensionable emoluments of
any office held by him as if such increase has been
payable throughout such period of three years.
(3) For the purpose of computing the amount of the pension of
a correctional services officer who has had a period of less than
three years’ pensionable service before his retirement -
( a ) the average annual pensionable emoluments enjoyed
by him during such period shall be taken;
( b ) he shall be deemed to have been on duty on full
pensionable emoluments throughout such period;
( c ) he shall be deemed to have enjoyed the benefit of any
increase due to a revision of salaries in the pensionable
emoluments of any office held by him as if such
increase had been payable throughout such period; and
( d ) any periods during which he has been absent from duty
on leave without salary, granted on grounds of public
policy with the approval of the President, and during
which he has not qualified for pension in respect of
other public service.
(4) In no circumstances shall the pensionable emoluments to
be taken exceed the full annual pensionable emoluments enjoyed
by the correctional services officer at the date of his retirement in
respect of the office then held by him.
(5) In the case of a correctional services officer to whom
regulation 11(1)( d ) applies, the date of retirement shall:
( a ) where such officer reaches the age of retirement; or
( b ) where such officer would have but for his dismissal
completed twenty-five years’ service; or
( c ) where such officer dies,
before his dismissal has been declared null by the competent
authority, be deemed to be the day on which he reached the age of
retirement, or the day on which he would have completed twenty-
five years’ service, or on which he died, whichever is the earlier,
and his pensionable emoluments to be taken into consideration
shall be those which he would have been receiving on such date had
he not been so dismissed.
Computation of 
pensions.
11. (1) For the purpose of computing the amount of a
correctional services officer’s pension the following periods shall
be taken into account as pensionable service:
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( a ) any periods during which he has been on duty;
( b ) any period during which he received half salary;
( c ) any periods during which he has been absent from duty
on leave with full or half salary;
( d ) any period following dismissal from the Department of
Correctional Services, where such dismissal is
subsequently declared to have been invalid by a
competent authority, up to the time of reinstatement,
or the date when such correctional services officer
would have completed twenty-five years’ service, or
the day on which such correctional services officer
would have to retire because of age, or the date when
such officer dies, whichever is the earlier.
And any periods during which he has been absent on leave,
other than those specified above, shall be deducted from the
officer’s total service in order to arrive at his period of pensionable
service.
(2) For the purposes of subregulation (1)( d ) and for the
purposes of regulation 10(5), the term "dismissal" shall be deemed
to include "compulsory retirement on the ground of public interest"
and the term "dismissed" shall be construed accordingly.
Acting service. 12. Where an officer has performed acting service in a
pensionable office in the Department of Correctional Services, the
period of such service may be taken into account as pensionable
service under these regulations:
Provided that -
( a ) the period of such acting service was not part of the
pensionable service of the previous holder of the office
and does not fall to be reckoned as part of the officers’
own pensionable service under these regulations in the
Department of Correctional Services;
( b ) this period of service is immediately preceded or
followed by service in a substantive capacity in the
Department of Correctional Services.
Abolition or 
reorganisation of 
office.
13. If a correctional services officer retires or is removed from
the Department of Correctional Services in consequence of the
abolition of his office, or for the purpose of facilitating
improvements in the Department of Correctional Services, by
which greater efficiency and economy can be effected, he may be
granted a pension:
Provided, however, that if he has been in the Department of
Correctional Services for less than the qualifying period of ten
years, he may be granted a pension calculated in accordance with
regulation 8 as if there had been no qualifying period:
Provided also that the grant of such pension shall be
subject to the condition that he shall be liable to be recalled to
service in the Department of Correctional Services:
Provided further that if such a correctional services officer
is not qualified for other employment in the Department of
PRISONS PENSIONS _g S.L.260.04 7
Correctional Services or if there is no reason, in the opinion of the
Prime Minister, to expect that he can be shortly re-employed, a
pension may be granted to him free from the above-mentioned
condition.
Rates of pension 
when offices are 
abolished.
14. A correctional services officer whose office is abolished
may be granted an increase of his pension at the rate of one-sixtieth
part of his annual pensionable emoluments for each complete
period of three years’ pensionable service:
Provided that -
( a ) the addition shall in no case exceed ten-sixtieths; and
( b ) no addition shall be made so as to qualify an officer
for a pension of higher annual value than that for
which he would have been qualified by length of
service on reaching the age at which he may be
required to retire, or for a pension of higher annual
value than the maximum prescribed in regulation 5.
Officers retiring on 
account of injuries.
15. Where a correctional services officer has been permanently
injured -
( a ) in the actual discharge of his duty, and
( b ) without his own default, and
( c ) by some injury specifically attributable to the nature of
his duty,
and his retirement is hereby necessitated or materially accelerated,
he may, if he is qualified for a pension under regulation 8, be
granted, in addition to the pension granted to him under that
regulation, an additional pension at the rate of the proportion of his
actual pensionable emoluments at the date of his injury appropriate
to his case as shown in the following table:
When his capacity to contribute to his own support is -
slightly injured  five-sixtieths;
impaired  ten-sixtieths;
materially impaired  fifteen-sixtieths;
totally destroyed  twenty-sixtieths:
Provided that the amount of the additional pension shall be
reduced to such an extent as the Prime Minister shall think
reasonable in the following cases:
(i) where the injured correctional services officer
has continued to serve for not less than one year
after the injury in respect of which he retires;
(ii) where the injured correctional services officer is
at the date of injury within ten years of the age at
which he may be required to retire; or
(iii) where the injury is not the sole cause of
retirement, but the retirement is caused partly by
age or infirmity not due to the injury:
Provided further that the total amount of the additional
pension shall not exceed the amount prescribed in regulation 5(2).
8 _g S.L.260.04 PRISONS PENSIONS
Pensions to 
officers when 
service is less than 
ten years.
16. A correctional services officer so injured, whose length of
service is not such as to qualify him for a pension under regulation
8, may nevertheless be granted a pension at the rate of one four-
hundred and fiftieth of his pensionable emoluments for each
complete month of pensionable service together with such
additional pension as might be awarded to him under regulation 15
if he were qualified for pension.
Pension to widows 
of officers killed in 
the discharge of 
duty.
17. (1) Where a correctional services officer without his own
default has been killed in the actual discharge of his duty or has
died from such injury specifically attributable to the nature of his
duty or has been killed while in the actual discharge of his duty, a
pension may be granted to his widow, while unmarried, not
exceeding ten-sixtieths of the husband’s pensionable emoluments
at the day of the injury; and a pension may be granted to each child
of such officer, until such child attains the age of eighteen years,
not exceeding one-sixth of the rate awardable to the widow, so long
as the aggregate of the children’s pensions do not exceed the rate
awardable to the widow.
(2) The foregoing provision shall apply also in case the
officer, after he shall have been pensioned under regulation 15, dies
from the direct and immediate effects of the injury sustained.
(3) If the officer’s wife predeceases him, or if no pension is
granted to her under this regulation, and he leaves children who
would have been eligible for pension, if a pension had been granted
to the widow, pensions may be granted to them of twice the amount
of the pensions for which they would have been eligible in the
circumstances.
(4) If the deceased does not leave a widow or motherless
children, but leaves a mother who was wholly dependent on him for
maintenance, the award which might have been made to the widow
had there been one left, may be made to the mother, but it shall
cease, if she is a widow, in case of remarriage.
Good conduct 
required.
18. (1) Pensions, computed at the rates before mentioned,
shall only be granted in case of decidedly faithful and meritorious
service.
(2) Where the fidelity and diligence of the officer fall short of
the first degree of merit, the computation may be made at lower
rates.
SCHEDULE
(Regulation 2)
Director of Correctional Services
Correctional Manager
Assistant Correctional Manager
Correctional Supervisor
Senior Correctional Officer
PRISONS PENSIONS _g S.L.260.04 9
Correctional Officer
Guard
