                                      PENSIONS  g CAP. 93.           1
CHAPTER 93 
PENSIONS ORDINANCE
To repeal and re-enact with amendments the law relating to the grant of
pensions, gratuities and other allowances to persons in the Public Service
of Malta, and to the grant of pensions and gratuities to dependants in
certain cases.
1st April, 1937
ORDINANCE XVII of 1937, as amended by Ordinances: XIII of 1939,
XXXI of 1940, XV of 1944, X, XXVI and XXXVIII of 1946, XXVI of 1947;
Proclamation XI of 1947; Acts: XIII, XIV and XLVI of 1948, XXII of 1956;
Emergency Ordinance VI of 1958; Ordinances: VI of 1959, I of 1960, XX
of 1961, I and XXV of 1962; Legal Notice 46 of 1965; Acts: LVIII of 1974
and VIII of 1975; Legal Notice 148 of 1975; and Acts: XXII of 1976, XVI of
1977, XII of 1979, XLIX of 1981, XIII of 1983, V of 1988, IX of 1990 and
VII of 1992; and, in regard to the regulations contained in the Schedule, by
Government Notices: 128 and 259 of 1939, 430 of 1940, 24 of 1941, 177
and 509 of 1943, 178 of 1944, 357 of 1947, 448 of 1948, 140 and 698 of
1949, and 600 of 1955; Act XXII of 1956; Government Notice 338 of 1957;
Emergency Ordinances: VI and XIV of 1958; Legal Notices: 7 of 1961 and
1 of 1962; Ordinance XXV of 1962; Legal Notices: 46 of 1965, 3 of 1966.
65 of 1967, 55 of 1970 and 34 of 1971; Act LVIII of 1974; Legal Notice
148 of 1975; Acts: XXII of 1976 and XI of 1977; Legal Notices: 38 of 1980,
20 of 1981, 21 of 1987 and 27 of 1988; and Acts: VIII and IX of 1990, VII
of 1992, XVI of 1997 and XV of 2002.
Short title.
Interpretation. 
Amended by:
X. 1946.2; 
Procl. XI of 1947;
XIII. 1948.2;
XLVI. 1948.5; 
XXII. 1956.2;
VI. 1958.2;
I. 1960.2;
XX. 1961.17;
I. 1962.2;
XXV. 1962.2;
LVIII. 1974.68;
XXII. 1976.4;
XVII. 1977.47;
VII. 1992.2;
XVI. 1997.9.
2. In this Ordinance and the regulations made thereunder - 
 "month" means a calendar month;
"officer" means a person substantively appointed to an office in
respect of which a pension or retiring allowance may be granted
under this Ordinance.
In case of any question or dispute arising as to whether a person
is to be regarded as an officer for the purpose of this Ordinance or
of any regulations made thereunder the decision of the President of
Malta shall be final;
"pensionable emoluments" - 
( a ) in respect of service in Malta, includes -
(i) salary,
(ii) personal allowance,
but does not include duty allowance, entertainment
allowance, house allowance, the estimated annual
rental value of free quarters, value of rations, extra
remuneration, any fees paid out of the Treasury by
way of salary or any other emoluments whatever;
( b ) in respect of other public service, means emoluments
which count for pension in accordance with the law or
regulations in force in such service;
  2        CAP. 93. h              PENSIONS
           Provided that, with respect to officers who retire or
die in service between the 1st day of January, 1991 and
the 1st day of January, 1993 and who occupied a post
on retirement or death in service the scale of salary of
which is, on or after their retirement or death in
service, increased in accordance with the Public
Service Reform of 1991, the salary of such officers on
their last day of service before retirement or death, as
the case may be, shall, for the purpose of this
Ordinance, but with effect only from the date of such
increase, be deemed to be the salary as increased in
accordance with such reform, no account however
being taken of any increases granted for any increase
in the cost of living after the retirement or death in
service of such officers; and any pension and, or,
gratuity payable in accordance with this Ordinance in
respect of such officers shall, with effect from the date
of any such increase in accordance with such reform as
aforesaid, be adjusted as if the salary on their last day
of service was that which would have been payable
according to such increase as aforesaid had they
remained in the service:
         Provided further that, in the case of an officer who
retires between the said dates and dies subsequent to
retirement between the dates aforesaid, any gratuity or
commuted pension shall be adjusted on the dates of
such increase as aforesaid;
"pensionable office" means -
( a ) in respect of service in Malta, an office which has been
declared by the President of Malta, by a notification in
the Government Gazette, to be a pensionable office;
and any such office may at any time be declared by the
President of Malta, by a notification in the
Government Gazette, to be no longer pensionable; but
where any office is thus declared to be no longer
pensionable, then so long as any person holding that
office at the time of the declaration continues therein,
the office shall, as respect that person, continue to be a
pensionable office;
( b ) in respect of other public service, an office which is a
pensionable office under the law or regulations in
force in such service;
( c ) the office of Auditor General or Deputy Auditor
General, or any office in the National Audit Office;
"personal allowance" means a special addition to salary 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;
"public service" means service of a civil capacity under the
Government of Malta or such other service as the President of
Malta may determine to be public service for the purposes of any
                                      PENSIONS  g CAP. 93.           3
provision of this Ordinance or of the regulations made thereunder; 
"salary" means the salary attached to a pensionable office, or
where provision is made for taking service in a non-pensionable
office into account as pensionable service, the salary attached to
that office;
Cap. 327.
"service in Malta" means service in a civil capacity under the
Government of Malta and, in respect of members of the teaching
staff of the University of Malta whose rights under any of the
provisions of this Ordinance are saved under the proviso of article
48(2) of the Education Act, and of officers or employees of the
Government of Malta who at any time during their service in a civil
capacity under the Government of Malta are detailed to perform
duty at the University or with the Malta Government Tourist Board
or with Enemalta or with the Malta Broadcasting Authority shall be
deemed to include service in the University or with the Malta
Government Tourist Board or with Enemalta or with the Malta
Broadcasting Authority as the case may be;
"year" means a calendar year.
President may 
make pension 
regulations. 
Amended by:
XXXVIII. 1946.2;
XIII. 1948.2;
XIV. 1948.2;
VI. 1958.2;
XXV.1962.2; 
L.N. 46 of 1965;
LVIII. 1974.68
3. (1) It shall be lawful for the President of Malta, from time
to time to make, and when made, to vary and revoke regulations for
the granting of pensions, gratuities and other allowances to persons
who have been in the service of Malta or to their legal
representatives or dependants:
  Provided that until varied or revoked by any such regulations,
the regulations contained in the Schedule shall be in force.
(2) The said regulations and any regulations varying or
revoking the same as aforesaid, shall have the same force and effect
for all purposes as if they were contained in this Ordinance, and the
term "this Ordinance" shall in the following articles be read and
construed accordingly.
(3) Whenever the President of Malta is satisfied that any
regulation made under this article should have retrospective effect
in order to confer a benefit upon, or remove a disability attaching to
any person or class of persons, that regulation may be given
retrospective effect for that purpose.
(4) No regulation made under this article shall have effect
unless it has received the prior approval of the House of
Representatives signified by resolution.
(5) Any pension or gratuity granted under this Ordinance shall
be computed in accordance with the provisions in force at the
actual date of an officer’s retirement.
Pensions, etc., to 
be charged on the 
revenues of Malta. 
Amended by:
VI. 1958.2;
XXV.1962.2; 
L.N. 46 of 1965;
LVIII. 1974.68.
4. 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 the President of Malta by way of pension, gratuity or other
allowance in accordance with this Ordinance.
  4        CAP. 93. h              PENSIONS
Pensions not of 
right 
Amended by: 
VI. 1958.2;
XXV. 1962.2;
LVIII. 1974.68;
L.N. 148 of 1975.
5. (1) No officer shall have an absolute right to compensation
for past services, or to pension, gratuity, or allowance under this
Ordinance or under any regulations made thereunder, nor shall
anything herein or in such regulations contained, limit the right of
the Government of Malta to dismiss any officer without
compensation.
(2) Where it is established to the satisfaction of the President of
Malta that an officer has been guilty of negligence, irregularity or
misconduct, the pension, gratuity or other allowance may be
reduced or altogether withheld.
Service not 
qualifying for 
pension.
6. No pension, gratuity or other allowance shall be granted to
any officer in respect of any service - 
( a ) while on probation or agreement, unless without break
of service he is confirmed in a pensionable office in
Malta or in an office in other public service which is at
the time of confirmation pensionable under the
pension regulations applicable to such service; or
( b ) while under the age of eighteen:
  Provided that the provisions of paragraph ( b )   shall not apply to
an officer or other person in the service of Malta at the
commencement of this Ordinance.
Circumstances in 
which pension may 
be granted. 
Amended by:
XIII. 1939.2;
XIII. 1948.2;
XLVI. 1948.2;
XXII. 1956.3;
VI. 1958.2;
I. 1962.3;
XXV. 1962.2;
LVIII. 1974.68;
L.N. 148 of 1975;
XXII. 1976.4;
IX. 1990.2.
7. (1) No pension, gratuity or other allowance shall be
granted to any officer except on his retirement from the public
service in one of the following cases:
( a )     (i)   on or after attaining the age of sixty years, or 
(ii) in the case of an officer with other public
service, on or after attaining the age of fifty-five
years, or
(iii) in the case of a member appointed to the Police
Force, on or after attaining the age of fifty-five
years or, if he has completed twenty-five years’
service in the Police Force, or
(iv) in special cases, with the approval of the
President of Malta, on or after attaining the age
of fifty years;
( b ) in the case of transfer to other public service, on or
after attaining the age at which an officer is permitted
by the law or regulations of the service in which he is
last employed to retire on pension or gratuity;
( c ) on the abolition of his office;
( d ) on compulsory retirement for the purpose of
facilitating improvement in the organization of the
department to which he belongs, by which greater
efficiency and economy can be effected;
( e ) on medical evidence to the satisfaction of the President
of Malta that he is incapable by reason of some
infirmity of mind or body of discharging the duties of
his office and that such infirmity is likely to be
                                      PENSIONS  g CAP. 93.           5
permanent;
( f ) in the case of termination of employment in the public
interest as provided in this Ordinance;
( g ) on relinquishing his office in the service of Malta with
Government approval to take up appointment in a full
time post in the University of Malta:
  Provided that such officer shall not be entitled to any pension or
gratuity in respect of his office in the service of Malta except as
from the date on which he attains the age on which he is permitted
by the law or by the statute or regulations of the University of
Malta to retire with or without a pension:
  Provided further that where such officer retires from the service
of the University of Malta before attaining the age of sixty for any
of the reasons set out in paragraphs ( c ), ( d ), ( e ) and   ( f ) it shall be
lawful for the President of Malta to authorize the grant of a pension
as from the actual date of the officer’s retirement.
(2) A gratuity in accordance with the provisions of this
Ordinance may be granted to a female officer who resigns her
office for the reason that she has married or is about to marry,
notwithstanding that she is not otherwise eligible under this article
for the grant of any pension, gratuity or other allowance.
Retirement on the 
ground of public 
interest.
Substituted by:
XXII. 1956.4.
Amended by:
VI. 1958.2;
XXV. 1962.2;
LVIII. 1974.68;
IX. 1990.3.
8. Where an officer’s service is terminated on the ground that,
having regard to the conditions of the public service, the usefulness
of the officer thereto and all the other circumstances of the case,
such termination is desirable in the public interest, and a pension,
gratuity or other allowance cannot otherwise be granted under the
provisions of this Ordinance, the President of Malta may, if he
thinks fit, grant such pension, gratuity or other allowance as he
thinks just and proper, not exceeding in amount that for which the
officer would be eligible if he retired from the public service in the
circumstances described in article 7(1)( e ).
Termination of 
service to take up 
employment with 
designated 
company or entity.
Added by: 
VII. 1992.3.
* 8A .  Where an officer’s or other employee’s service is
terminated in order that he may, with the approval of the President
of Malta, take up full time employment with such company or
entity as may be designated by an Order of the President of Malta
for the purposes of this article, the employment of that officer with
that company or entity shall be deemed to be service with the
Government for the purposes of this Ordinance, and such employee
shall be entitled to a pension or gratuity, as the case may be, under
this Ordinance upon the termination of his service with such
company or entity as if such service were service with the
Government: 
  Provided that, where the termination of such service with the
company or entity is due to the winding up of such company or
entity whether voluntary or otherwise or due to its bankruptcy, such
termination shall be considered as if it were due to abolition of
office:
* See  Legal Notices 101 of 1993, 46 of 1994, 168 of 1996 and 35 of 1997.
  6        CAP. 93. h              PENSIONS
  Provided further that no such Order shall be made unless such
company or entity shall first have bound itself with the Government
to contribute towards the Government the difference between the
cost of the pension or gratuity payable at the time of retirement
from the company or entity and the cost of the pension or gratuity,
as the case may be, computed at the time of the termination of the
service with the Government for the aforesaid reason of full time
employment with the company or entity.
Calculation of pen-
sionable emolu-
ments in certain 
cases.
Added by:
XV. 2002.3.
8B. (1) Where an officer’s service with the Government has
been terminated to take up permanent employment with a company
or entity as provided in article 8A, or in accordance with the
provisions of any other law which provides or provided that in
respect of an officer, detailed for duty with the corporation or entity
referred to in the relevant law, and who accepts permanent
employment with such corporation or entity, service with the said
corporation or entity shall, for the purposes of the Ordinance in so
far as applicable to him, be deemed to be service with the
Government, the pensionable emoluments of such officer on
retirement shall be deemed to be the pensionable emoluments
established in accordance with the following subarticles:
Provided that nothing in this article shall be deemed to
detract from any rights granted to any officer in virtue of article 8C.
(2) The pensionable emoluments of an officer to whom
subarticle (1) apply shall be deemed to be the pensionable
emoluments payable to an officer in Government service in a grade
and at the incremental level corresponding to the post and
incremental level at which the officer retires from the company,
corporation or entity as the case may be.
(3) For the purposes of subarticle (2), posts and salary grades
with the respective company, corporation or entity shall be
classified in the most nearly corresponding grades and incremental
level under the Government of Malta by reference to job
description, skills, responsibilities and other analogous factors.
(4) The classification referred to in subarticle (3) shall be
carried out by a board in respect of each company, corporation or
entity composed of a chairman appointed by the Minister
responsible for finance and two other members, one appointed by
the Minister responsible centrally for personnel policies in the
public service and one appointed by the Minister responsible for
the company, corporation or entity, if any, and in cases where no
such ministry exists, by the Minister responsible for industrial
relations.  The classification shall in each case be subject to the
final approval of the Minister responsible for finance.
(5) Such classification shall take place within three months of
any adjustment of salaries of employees in Government Service
and, or, of employees of the company, corporation or entity as the
case may be.
(6) No post shall be classified in a grade higher than Grade 3
in the service of the Government or such other grade that the
Minister responsible for finance may, from time to time, by notice
                                      PENSIONS  g CAP. 93.           7
in the Gazette determine.
Calculation of 
pensionable 
emoluments of 
officers with 
particular entities.
Added by:
XV. 2002.3.
8C. (1) Notwithstanding the provisions of article 8B, where an
officer took permanent employment with a company, corporation
or entity as is referred to in subarticle (2) before 1st April, 2002 or
was detailed for service with such company, corporation or entity
before the 1st April, 2002 and retires or takes up permanent
employment with such company, corporation or entity before such
date as the Prime Minister may by Order establish, the pensionable
emoluments of such officer on retirement shall for the purposes of
this Ordinance be the emoluments actually paid to such officer at
the time of his retirement:
Provided that in no case shall such pensionable
emoluments be higher than those payable to an officer in grade 3 in
the service of the Government or such other grade as the Minister
responsible for finance may, from time to time by notice in the
Gazette, establish.
(2) The companies, corporations or entities to which this
article applies are:
( a ) the University of Malta, the Malta Government Tourist
Board, Enemalta, and the Malta Broadcasting
Authority, in each case referred to in the definition
"service in Malta" in article 2;
( b ) Malta International Airport plc, Public Broadcasting
Services, Malta Financial Services Authority, the
Junior College, Water Services Corporation, Maltapost
plc, Posta Ltd., Planning Authority, Malta
Environment and Planning Authority, Public Transport
Authority, Malta Transport Authority, Malta Maritime
Authority, Telemalta Corporation, Maltacom plc,
National Audit Office.
Minister may 
extend provisions 
of article 8A.
Added by:
XV. 2002.3.
8D. The Minister responsible for finance may, from time to
time by Order, declare that the provisions of article 8A shall apply
to officers or other employees who had terminated their service
with the Government in accordance with the provisions of article
8A or with the provisions of article 8B(1) or with any of the entities
referred to in article 8C(2) (hereinafter referred to as the relevant
articles), in order to take up employment with a company
designated in article 8A or with the respective entity referred to in
the relevant articles, as the case may be, and, upon the making of
such an order by that Minister, the provisions of article 8A or 8C,
as the case may be, shall apply to such persons as if such persons
were at the time of making the said Order, officers or employees of
the Government.
Pension of certain 
public officers.
Added by:
XV. 2002.3.
8E. (1) Notwithstanding anything to the contrary under this
Ordinance, where a public officer retires from the offices referred
to in subarticle (2) or retires from the public service after having
served for a term of three years in such an office, the pensionable
emoluments of such officer on retirement shall be those attached to
the salary scale, at the date of the officer’s retirement, of the
highest or higher of the offices referrred to in subarticle (2) held by
such officer as aforesaid at any time before his retirement:
  8        CAP. 93. h              PENSIONS
Provided that nothing in this article shall be deemed as
reducing any pension to which such officer would but for the
provisions of this article have been entitled to.
(2) The offices referred to in subarticle (1) are the following:
( a ) Cabinet Secretary;
( b ) Permanent Secretary;
( c ) Headship positions under a performance agreement.
Retrospective 
effect of orders and 
authorisations.
Added by:
XV, 2002.3.
8F. Any Order made in accordance with articles 8A and 8D and
authorisations made thereunder may be retrospective to such date
as may be established in the respective Order or authorisation.
Age of compulsory 
retirement.
Amended by:
XIII. 1939.4;
XIII. 1948.2;
XLVI. 1948.3;
VI. 1958.2;
I. 1962.4;
XXV. 1962.2;
LVIII. 1974.68; 
IX. 1990.4;
XVI. 1997.9.
9. (1) It shall be lawful for the President of Malta to require
any officer other than a judge to retire from the service of Malta at
any time after he attains the age of sixty years or, in special cases,
at any time after he attains the age of fifty years, provided that
retirement shall be compulsory for every officer on attaining the
age of sixty-five years:
  Provided that - 
(i) an officer with other public service, other than a
judge, Attorney General or magistrate may be
required by the President of Malta to retire at
any time after he attains the age of fifty-five
years;
(ii) a member appointed to the Police Force, not
being an officer holding the office of Commis-
sioner of Police or Deputy Commissioner of
Police, may be required by the President of
Malta on the recommendation of the
Commissioner of Police to retire at any time
after he attains the age of fifty-five years or, if
he has completed twenty-five years’ service in
the Police Force.
(2) The provisions of subarticle (1) shall not apply to any
officer holding the office of Auditor General or Deputy Auditor
General.
Maximum pension 
grantable.
Amended by:
XXII. 1976.4.
10. (1) A pension granted to an officer under this Ordinance
shall not exceed two-thirds of the highest pensionable emoluments
drawn by him at any time in the course of his service in Malta.
(2) For the purpose of the preceding subarticle an additional
pension granted in respect of injury shall not be taken into account;
but where an 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 public service by more than the sum by
which the amount of his pension or pensions, apart from such
additional pension, falls short of two-thirds of such highest
emoluments.
                                      PENSIONS  g CAP. 93.           9
Liability of 
pensioners to be 
called upon to take 
further 
employment.
Amended by:
XXII. 1976.4;
XLIX. 1981.6;
IX. 1990.5.
11. (1) Every pension granted under this Ordinance shall be
subject to the condition that unless or until the officer has attained
the age of fifty years, he may, if physically fit for service, be called
upon by the Prime Minister to accept, in lieu of his pension, an
office not less in value than the office which he held at the date of
the grant of his pension.
(2) If a pensioner so called upon declines to accept the office
for which he may have been selected, the payment of his pension
may be suspended until he has attained the age of fifty years.
(3) The provisions of subarticles (1) and (2) shall not apply to a
pensioner who retired as a member of the Police Force on grounds
other than those listed in article 7(1)( e ).
Pension of officers 
affected by 
medical dispute of 
June 1977. 
Added by:
V. 1988.2.
11A. (1) Saving the provisions of subarticle (3), any officer
who had been in the service of Malta and who as a consequence of
the medical dispute which led to industrial action taken on the 2nd
June, 1977, had his service terminated or was suspended from such
service or otherwise lost his employment with the Government,
may nonetheless be granted such pension or gratuity in respect of
effective service.
(2) Such officer may only be entitled - 
( a ) to such gratuity with effect from 19th June, 1987; and 
( b ) to such pension - 
(i) with effect from the 19th June, 1987, if he has
attained the age of sixty years on or before that
date; or
(ii) if he has attained the age of sixty years on or
before that date and has been re-employed, with
effect from the date of his retirement; or
(iii) if he has not attained the age of sixty years on
the 19th June, 1987 and has not resumed service,
with effect from the date on which he has
attained that age; or
(iv) if he has not attained the age of sixty years on
the 19th June, 1987 and has resumed service,
with effect from the date of his retirement;
and such pension or gratuity shall, in respect of officers referred to
in paragraph   ( a ) and in paragraph ( b )(i) and (iii), be computed as if
he retired from service in Malta on the day following his last day of
effective service.
(3) Any service prior to a break of service may be allowed to
count for pension purposes together with any service subsequent to
such break and the provisions of paragraph ( b )   of the proviso to
regulation 8 of the Pensions Regulations shall not apply, if the
break of service - 
Cap. 452.
( a ) is due to termination of service under the provisions of
the Employment and Industrial Relations Act, as a
consequence of the medical dispute referred to in
subarticle (1); or
  10        CAP. 93. h              PENSIONS
( b ) is otherwise a consequence of the said medical dispute.
 (4) Where the grade or category in which any such officer as is
referred to in subarticle (1) had been employed has ceased to exist
as such or has been absorbed in another grade or category, and such
officer had given notice to the Superintendent of Health by the 19th
July, 1987 of his intention to resume duty or accept re-employment,
but has declined the offer made to him to resume duty or to accept
re-employment in an equivalent grade or category under the
conditions of such post, the provisions as contained in this
Ordinance regarding the abolition of post may, where applicable,
apply:
  Provided that a pension granted as a result of the abolition of
post may only be payable with effect from the l9th June, 1987 and
be computed as if such abolition took place on the last day of
effective service of employment.
(5) The provisions of article 19 shall apply in respect of such
officer as is referred to in subarticle (1), who has died on or after
the 2nd June, 1977.
Pensions affected 
by 
re-employment.
Amended by:
XXII. 1976.4.
12. If any officer to whom a pension has been granted under
his Ordinance is appointed to another office in the service of Malta
and subsequently retires in circumstances in which he may be
granted a pension, he may be granted in lieu of his previous
pension, a pension computed as if the periods of his service had
been continuous, and such pension may be based on his
pensionable emoluments on his previous or final retirement from
the service of Malta, whichever are the greater:
  Provided that if, on his previous retirement, he was paid a
gratuity and reduced pension, the gratuity if any, to be paid to him
on final retirement shall be reduced by the amount of the gratuity
already paid.
Gratuity affected 
by re-employment.
Amended by:
XXII. 1976.4
13. If any officer to whom a gratuity without pension has been
granted under this Ordinance is re-appointed to any office in the
service of Malta, his previous service may be taken into account for
the purposes of pension, if he refunds the gratuity on such
reappointment.
Government 
officers appointed 
to University posts 
and subsequently 
rejoining 
Government 
service. 
Added by: 
XLVI. 1948.4.
Amended by:
L.N.148 of 1975.
14. If any officer who has been permitted to relinquish his
office in the service of Malta to take up a full time appointment in
the University of Malta is subsequently re-appointed to an office in
the service of Malta after a lapse of not more than three calendar
months from the date of his relinquishing this full time post in the
University of Malta, the intervening period of his service in the
University of Malta shall, together with such immediately
succeeding period not in excess of three calendar months, be
deemed, for purposes of computation of pension, to be leave
without pay not granted on grounds of public policy:
  Provided that the retirement from the University of Malta is for
the purpose of immediate re-employment in the service of Malta.
                                      PENSIONS  g CAP. 93.           11
Pensions, etc., not 
to be assignable, 
etc.               
Cap. 12.
 15. No pension, gratuity, or allowance granted under this
Ordinance shall be assignable, transferable or liable to be attached,
sequestered, 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.
Pensions, etc., to 
cease on 
bankruptcy. 
Amended by: 
XIII. 1948.2;
VI. 1958.2;
XXV. 1962.2;
LVIII. 1974.68;
XLIX. 1981.6
  16. If any officer to whom a pension or allowance has been
granted under this Ordinance becomes a bankrupt, then such
pension or allowance shall forthwith cease:
  Provided always that in any such case where a pension or
allowance ceases by reason of the bankruptcy of the pensioner, it
shall be lawful for the President of Malta, from time to time, during
the remainder of such pensioner’s life or during such shorter period
or periods, either continuous or discontinuous, as the President of
Malta shall think fit, to cause all or any of the moneys to which
such pensioner would have been entitled by way of pension or
allowance had he not become a bankrupt, to be paid to or applied
for the maintenance and personal support or benefit of all or any,
exclusive of the other or others, of the following, namely, such
pensioner himself and any wife, child or children of his, in such
proportion and manner as the President of Malta thinks proper and
such moneys shall be paid or applied accordingly.
Pensions, etc., to 
cease on 
conviction. 
Amended by: 
XIII. 1948.2;
VI.1958.2; 
XXV. 1962.2;
LVIII. 1974.68.
17. If any officer to whom a pension or other allowance has
been granted under this Ordinance is sentenced to a term of
imprisonment by any competent court whether within or without
Malta for any crime or offence, then, in every such case, it shall be
lawful for the President of Malta to direct that such pension or
allowance shall forthwith cease:
  Provided always that the pension or allowance shall be restored
with retrospective effect in the case of a person who after
conviction at any time receives free pardon:
  Provided further that where a pension or allowance ceases for
the reason aforesaid it shall be lawful for the President of Malta to
cause all or any part of the moneys to which the pensioner would
have been entitled by way of pension or allowance, to be paid to or
applied for the benefit of any wife, child or children of the
pensioner, or after the expiration of his sentence, also for the
benefit of the pensioner himself, in the same manner precisely and
subject to the same qualifications and restrictions as in the case of
bankruptcy hereinbefore provided.
Pension etc., to be 
reduced in certain 
circumstances.
Amended by:
XIII. 1948.2;
VI. 1958.2;
VI. 1959.3; 
XXV. 1962.2.
Substituted by:
VIII. 1975.2.
Amended by:
XIII. 1983.5;
IX. 1990.6.
18. (1) With effect from 1st March, 1975, an officer who
retires on grounds listed in article 7(1)( e ), to whom, whether before
or after the said date, a pension or other allowance has been granted
under this Ordinance and who is in receipt of - 
( a ) any remuneration in respect of any employment, or of
any services rendered, or 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
  12        CAP. 93. h              PENSIONS
or office aforesaid,
shall, until he reaches the age of sixty years, or if such officer
retires as a member of the Police Force until he reaches the age of
fifty-five years, or until the twenty-fifth anniversary of his first
appointment as a member of the Police Force, whichever is the
earlier, have his pension or other allowance reduced by the amount
by which the aggregate income established in accordance with the
following provisions of this article exceeds the salary which is then
payable in respect of the post which the officer held on retirement,
taking account only, if such salary is incremental, of the
corresponding increments earned prior to retirement, or, if such
post has been abolished, an analogous post:
  Provided that the yearly pension or other allowance shall in no
case be reduced to less than the sum of one hundred and fifty liri in
the case of an officer retiring before 1st March, 1975 or the sum of
fifty liri in the case of an officer retiring on or after that date; 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 purposes of subarticle (1), the aggregate income
shall be established by adding - 
( a ) the uncommuted pension or other allowance which,
but for the provisions of this article, would have been
receivable under this Ordinance; and
( b ) any remuneration or income referred to in subarticle
(1)( a ), ( b ), or ( c ), or both such remuneration and
income; and
by subtracting therefrom - 
(i) in the case of an officer retiring before 1st
March, 1975 the yearly sum of one hundred and
fifty liri; and
(ii) in the case of an officer retiring on or after the
said date, the yearly sum of fifty liri.
(3) Any reduction in the pension or other allowance under
subarticle (1) shall be calculated on the basis of the pension or
other allowance, the remuneration or other income, and the salary,
receivable during a period of twelve months ending on 3lst
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 or other
allowance.
(4) Any officer to whom subarticle (1) applies shall without
delay inform the Accountant General, and keep the Accountant
General at all times informed, of all the circumstances which
render the said subarticle (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
                                      PENSIONS  g CAP. 93.           13
any of the provisions of this subarticle any pension or other
allowance to which he may be entitled under this Ordinance 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 President of Malta.
Gratuity where 
officer dies in the 
service or after 
retirement.
Amended by: 
XV. 1944.2;
XXVI. 1946.2;
VI. 1958.2.
Substituted by:
I. 1962.5. 
Amended by:
LVIII. 1974.68;
XXII. 1976.4.
19. (1) Where an officer holding a pensionable office who is
not on probation or agreement, or an officer holding a non-
pensionable office to which he has been transferred from a
pensionable office in which he has been confirmed, dies while
serving under the Government of Malta, the President of Malta may
grant to his legal representative a gratuity of an amount not
exceeding his annual pensionable emoluments or his commuted
pension gratuity, if any, whichever is the greater.
(2) Where an officer dies after retirement from service under
the Government of Malta having been granted, or having become
eligible for, a pension under this Ordinance and the sums paid or
payable to him at the date of his death on account of such pension
including any sum awarded by way of gratuity under regulation 4
of the Pensions Regulations but excluding any additional pension
awarded in accordance with the provisions of regulation 14(1) of
the Pensions Regulations are less in total than the amount of his
annual pensionable emoluments, the President of Malta may grant a
gratuity equal to the deficiency to his legal representative.
(3) The provisions of this article shall not apply in the case of
the death of any officer where benefits corresponding to the
benefits which may be granted under this article are payable under
the Overseas Superannuation Scheme in respect of such death.
(4) In this article - 
( a ) "annual pensionable emoluments" means the
emoluments which would be taken for the purpose of
computing any pension or gratuity granted to the
officer under this Ordinance if on the date of his death
he had retired from the public service on the ground of
ill health;
( b ) "commuted pension gratuity" means the gratuity, if
any, which might have been granted to the officer
under regulation 4 of the Pensions Regulations if the
pensionable service which would be taken for the
purpose of computing any pension or gratuity granted
to him under this Ordinance had been wholly in Malta
and if, in the case of such officer as is described in
subarticle (1), on the date of his death he had retired
from the public service on the ground of ill-health and
had elected to receive a gratuity and reduced pension
or, in the case of such officer as is described in
subarticle (2), he had before the date of his retirement
elected to receive a maximum gratuity and a
correspondingly reduced pension.
(5) For the purposes of this article an officer who has not been
  14        CAP. 93. h              PENSIONS
confirmed in his office and who dies in the circumstances
mentioned in regulation 15 of the Pensions Regulations shall be
deemed to have been confirmed in his office.
Cap. 16.
(6) The grant of any gratuity under subarticles (1) or (2) or any
regulations made under this Ordinance, to the legal representative
of a deceased officer, shall not be deemed to affect any right of the
widow under the provisions of the Civil Code relating to the
community of acquests.
Saving as to 
members of Police 
force.  
Added by:
XIII. 1939.5
20. Subject to the provisions of article 10 nothing contained in
this Ordinance shall prejudice the right preserved by article 4 of the
Police Force (Amendment) Ordinance, 1939, to persons serving in
the Police force on or after the 1st April, 1937 and appointed to the
Police force before the 1st February, 1939, to reckon for purposes
of pension any civil or military service prior to the date of their
appointments to the force.
Application of 
Ordinance.
Amended by:
XIII. 1939.6;
XXII. 1976.4.
Substituted by: 
XII.1979.2.
21. The provisions of this Ordinance shall apply to all officers
appointed to the public service of Malta after the commencement of
this Ordinance but prior to l5th January, 1979, and no pension,
gratuity or other allowance shall be payable under this Ordinance,
nor shall any other payment be made thereunder, to any person who
was not an officer before the date aforesaid, or to the widow, child
or other relative of any such person:
  Provided that - 
(i) in respect of persons who, though not officers,
were in the public service before 15th January,
1979, and in respect of the widow, child or other
relative of any such person, the provisions of
this Ordinance shall apply in such manner and to
such extent as may be necessary to give effect to
arrangements concerning such persons made
prior to that date;
(ii) any person appointed to the Police force before
the 1st February, 1939, may, by giving notice in
writing to the Minister responsible for finance,
elect that the law applicable to his case prior to
that date shall continue so to apply; and
(iii) the provisions of this Ordinance shall not apply
in the case of an officer to whom, by virtue of a
notice given under article 5 of the Police Force
(Amendment) Ordinance, 1939, the provisions
of the articles repealed by that Ordinance apply.
Pensions granted 
under former laws.
22. The pensions granted to any persons who have retired from
the public service before the commencement of this Ordinance
shall continue to be governed by the Ordinances and regulations
under which they were granted.
                                      PENSIONS  g CAP. 93.           15
War service to 
count for pension 
purposes. 
Added by:
XXXI. 1940.2.
Amended by:
XIII. 1948.2;
VI. 1958.2;
XXV. 1962.2;
LVIII. 1974.68;
XXII. 1976.4.
23. Where an officer shall have served with the armed forces
of Malta in time of war, the following provisions shall have effect: 
( a ) during the period of such service in the said forces,
including any period after the determination of the war
(in this article referred to as "military service"), he
shall be deemed, for the purposes of this Ordinance, to
have been on leave on full salary from the public
service in which he was last employed, and to have
held the substantive office last held by him in that
service, prior to military service;
( b ) during any period between his leaving the public
service for the purpose of serving in the said forces
and the date of his commencing military service, he
shall, for the purposes of this Ordinance, be deemed to
be on leave without pay, not granted on grounds of
public policy, from the public service in which he was
last employed, and to have held the substantive office
last held by him in that service, prior to military
service; and during any period between the termination
of his military service and the date of his re-entering
the public service he shall, for the said purposes, be
deemed to be on leave as aforesaid from the service,
and to have held the substantive office, in which he is
re-employed:
  Provided that - 
(i) this article shall not apply when either period
mentioned in paragraph ( b ) exceeds three
months, or such longer period as the President of
Malta may in any special case determine; or if
the officer fails, after serving with the said
forces, to re-enter the public service otherwise
than in circumstances in which he would be
permitted, under the law applicable to the public
service in which he is last employed prior to
military service, to retire on pension or gratuity,
such circumstances arising not later than the
expiration of three months, or such longer
period as may be determined as aforesaid, after
the termination of his military service;
(ii) if during any period mentioned in paragraph ( a )
the officer shall have qualified for pension, or
received emoluments in lieu of pension rights,
actually in respect of military service, paragraph
( a ) shall, as respects that period, have effect as if
the words "leave without salary not granted on
grounds of public policy" were substituted for
the words "leave on full salary";
(iii) if during his military service the officer shall be
injured or killed, he shall not, for the purposes of
regulations 14 and 15 of the regulations
scheduled to this Ordinance, be deemed to have
been injured or killed in the discharge of his
  16        CAP. 93. h              PENSIONS
duty;
(iv) the provisions of this article which require that
the officer shall be deemed to have held a
specified office and to have been on leave from a
specified service shall not apply in respect of
any period during which he shall actually have
held any other substantive office and have been
on leave from any public service;
(v) save where in any particular case the President
of Malta otherwise directs, this article shall not
apply where the office in the public service last
held by the officer prior to military service was
not a pensionable office.
THE SCHEDULE 
PENSIONS REGULATIONS 
G E N E R A L  R E G U L A T I O N S
Short title. l. These regulations may be cited as the Pensions
Regulations. 
Pensions to whom 
and at what rates to 
be granted. 
Amended by:
G.N.140 of 1949; 
L.N. 1 of 1962;
L.N. 3 of 1966;
L.N. 65 of 1967;
IX. 1990.7.
2. Subject to the provisions of the Pensions Ordinance,
hereinafter called the Ordinance, and of these regulations, every
officer holding a pensionable office in Malta, who has been in the
service of Malta in a civil capacity for 10 years or upwards, may be
granted a pension at the rate of one five-hundred and fortieth of his
pensionable emoluments for each complete month of pensionable
service, subject to the limit described in article 10 of the
Ordinance:
  Provided that in the case of a member of the Police Force such
pension shall be at the rate of one four-hundred and fiftieth of his
pensionable emoluments for each complete month of pensionable
service, subject to the limits described in article 10 of the
Ordinance.
Pensions to judges. 
Amended by:
G.N. 128 of 1939; 
L.N. 3 of 1966;
L.N. 55 of 1970;
LVIII. 1974.68;
L.N. 148 of 1975;
L. N. 20 of 1981;
VIII. 1990.3;
XVI. 1997.9.
3. (1) A judge of any of the superior courts after not less than
seven years’ service in that capacity who is compelled to retire on
account of infirmity of mind or body or who has attained the age of
sixty years, may be awarded a pension of one three-hundred and
sixtieth of his pensionable emoluments for each complete month of
his service as such judge, until the maximum rate of two-thirds is
attained; and provided that the minimum rate of pension awarded to
a judge be not less than one hundred and twenty three-hundred and
sixtieths of his pensionable emoluments.
(2) A judge of any of the superior courts who, before his
elevation to the Bench, has served in any other capacity in the
service of Malta and who has not less than ten years in all,
including the time in which he served as a judge, may be allowed to
claim a pension at the rate of one three-hundred and sixtieth of his
                                      PENSIONS  g CAP. 93.           17
pensionable emoluments as a judge for each complete month of
pensionable service in any capacity.
(3) The Attorney General, after not less than seven years’
service in that capacity, if he is compelled to retire on account of
infirmity of mind or body or when he has attained the age of sixty
years, may be awarded a pension of one three-hundred and sixtieth
of his pensionable emoluments for each complete month of his
service in that office, until the maximum rate of two-thirds is
attained:
  Provided that the minimum rate of pension awarded to the
Attorney General shall not be less than one hundred and twenty
three-hundred and sixtieths of his pensionable emoluments.
(4) If the Attorney General, before being appointed as such, has
served in any other capacity in the service of Malta and if he has
not less than ten years’ service in all, including the time in which
he has served as Attorney General, he may be allowed to claim a
pension at the rate of one three-hundred and sixtieth of his
pensionable emoluments as Attorney General for each complete
month of pensionable service in any capacity.
(5) A magistrate of the Courts of Magistrates who has been in
the service of Malta in a civil capacity for ten years or upwards, if
he is compelled to retire on account of infirmity of mind or body or
when he has attained the age of sixty years may be awarded a
pension of one three-hundred and sixtieth of his pensionable
emoluments for each complete month of pensionable service, until
the maximum rate of two-thirds is attained.
(6) The Auditor General and/or, the Deputy Auditor General
who, immediately preceding their appointment as such, where
eligible for pension under this Ordinance, if they are compelled to
terminate their term of office on account of infirmity of mind or
body and thereupon effectively retire from the public service, or
have attained the age of sixty on or after the expiry of that term
without it having been immediately renewed or extended may be
allowed to claim a pension at the rate of three-hundred and sixtieths
of their pensionable emoluments as Auditor General and/or Deputy
Auditor General for each complete month of pensionable service in
any capacity in the service of Malta.
Gratuity and 
reduced pension. 
Substituted by:
G.N. 357 of 1947. 
Amended by.
VI. 1958.2: 
L.N. 7 of 1961;
XXV. 1962.2; 
L.N. 46 of 1965;
LVIII. 1974.68;
XXII. 1976.4.
4. (1) Any officer to whom a pension is granted under the
Ordinance may, at his option exercisable as hereinafter provided,
be paid in lieu of such pension a pension at the rate of three-fourths
of such pension together with a gratuity equal to twelve and a half
times the amount of the reduction so made in the pension:
  Provided that if an officer who has so elected retires at an age
exceeding sixty, such pension shall be at the rate of three-fourths of
the pension grantable under regulation 2 with the addition of one-
twentieth of the remaining fourth for each completed year of
service after attaining the age of sixty, together with a gratuity
equal to twelve and a half times the amount by which the pension
so computed falls short of the pension grantable under regulation 2.
(2) The option referred to in sub-regulation (1) of this
  18        CAP. 93. h              PENSIONS
regulation shall be exercisable, and if it has already been exercised
may be revoked, not later than the day immediately preceding the
date of such officer’s retirement:
  Provided that if the officer does not exercise the option prior to
the day preceding the date of his retirement, the President of Malta
may, if it appears to him in all the circumstances equitable so to do,
allow him to exercise the option or to revoke such option if
previously exercised at any time between that date and the actual
date of award of pension under the Ordinance.
(3) Subject to the provisions of sub-regulation (2), if an officer
has exercised the option, his decision shall be irrevocable so far as
concerns any pension to be granted to him under the Ordinance.
(4) If an officer who has not exercised the option dies after he
has finally retired but before a pension has been awarded under the
Ordinance, it shall be lawful for the President of Malta to grant a
gratuity and a reduced pension as provided in sub-regulation (1) as
if the officer before his death had exercised the option.
Gratuities where 
length of service 
does not qualify for 
pension.
5. Every officer, otherwise qualified for a pension, who has
not completed ten years’ service may be granted a gratuity at the
rate of half a month’s pensionable emoluments for each complete
six months of service.
Gratuity to female 
officer on 
marriage. 
Added by: 
XXII. 1956.6.
Amended by: 
L.N. 65 of 1967.
Substituted by:
L.N. 34 of 1971.
Amended by:
LVIII. 1974.68.
6. Where a female officer having been in the service of the
Government of Malta, whether in a pensionable office or not, for a
period of not less than five years, resigns a pensionable office,
which she is not holding on probation, for the reason that she has
married or is about to marry, she may be granted a gratuity not
exceeding one-twelfth of one month’s pensionable emoluments in
respect of each completed month of service or else one year's
pensionable emoluments, whichever shall be the less, on the
production by her, within the six months following the date of her
resignation or within such longer period as the President of Malta
may in any particular case allow, of satisfactory evidence of her
marriage.
Commencement of 
service.
7. Service shall be deemed to commence at the date on which
an officer commences to draw salary or half-salary from Malta
funds.
Service to be 
unbroken.
Amended by: 
L.N. 38 of 1980;
IX. 1990.7.
8. The service in respect of which a pension or gratuity 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 - 
( a ) if the whole intervening period has been spent in some
other employment in the service of the Republic; or
Cap. 452.
( b ) if the break of service is due to termination of service
under the provisions of the Employment and Industrial
Relations Act, and any compensation payable in terms
                                      PENSIONS  g CAP. 93.           19
of the said provisions has been either waived or
refunded before the commencement of the service
following the break in service, and if the Public
Service Commission in the public interest so
recommends; or
( c ) in the case where an officer, having resigned from the
service, is subsequently recalled in the interest of the
service on grounds of public interest, and such recall is
so certified by the Prime Minister.
Emoluments to be 
taken for 
computing pension 
or gratuity.
Substituted by:
G.N. 178 of 1944.
Amended by:
XXII. 1956.6.
Substituted by:
L.N. 1 of 1962.
Amended by: 
L.N. 46 of 1965;
LVIII. 1974.68;
IX. 1990.7.
9. (1) For the purpose of computing the amount of the
pension or gratuity of an officer who has had a period of not less
than three years’ pensionable service before his retirement- 
( a ) in the case of an 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 an officer who at any time during such
period of three years has been transferred from one
office to another, but whose pensionable emoluments
have not been changed by reason of such transfer or
transfers, 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 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 such period of three
years those annual pensionable emoluments
shall be taken; and
(ii) if such one third is less than the annual
pensionable emoluments which would have been
enjoyed by him at the date of his retirement, if
he had continued to hold any office 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
President of Malta would have been granted to
him, the annual pensionable emoluments which
would have been so enjoyed shall be taken.
(2) For the purpose of determining under paragraph (1) the
pensionable emoluments that an officer has enjoyed or would have
enjoyed, as the case may be, he shall be deemed - 
  20        CAP. 93. h              PENSIONS
( 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 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 of three years.
(3) For the purpose of computing the amount of the pension or
gratuity of an 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; and 
( 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.
(4) In no circumstances shall the pensionable emoluments to be
taken exceed the full annual pensionable emoluments enjoyed by
the officer at the date of his retirement in respect of the office then
held by him.
(5) In the case of an officer to whom regulation 10(1)( e )
applies, the date of retirement shall:
( a ) where such officer reaches the age of retirement; or 
( b ) where in the case of such an officer who had been
dismissed when a member of the Police Force, such
officer would but for his dismissal have 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 such officer reaches
the age of retirement, or in the case referred to in paragraph ( b )   the
day on which he would have completed twenty-five years service,
or on which he dies, whichever is the earlier, and his pensionable
emoluments to be taken in consideration shall be those which he
would have been receiving on such date had he not been so
dismissed.
Computation of 
pensions.
Amended by: 
G.N. 448 of 1948; 
G.N. 600 of 1955;
XIV. 1958.2;
XXV. 1962.2;
XXII .1976.4; 
L.N. 21 of 1987;
L.N. 27 of 1988;
IX. 1990.7.
10. (1) For the purpose of computing the amount of an
officer’s pension or gratuity the following periods shall be taken
into account as pensionable service:
( a ) any periods during which he has been on duty;
( b ) any period during which he received half salary from
Malta funds while proceeding to Malta on first
appointment;
( c ) any periods during which he has been absent from duty
on leave with full or half salary;
                                      PENSIONS  g CAP. 93.           21
( 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 of Malta, and
during which he has not qualified for pension or
gratuity in respect of other public service;
* ( e ) any period following dismissal from the service, where
such dismissal is subsequently declared to have been
invalid by a competent authority, up to:
(i) the time of reinstatement; or
(ii) the date where such officer would have
completed thirty years’ service, or in the case of
an officer who was dismissed when a member of
the Police Force twenty-five years’ service; or
(iii) the date on which such officer would have to
retire because of age; or
(iv) 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) Where a period of service in a civil capacity in respect of
which a retiring pension can be granted under regulation 16 is
immediately followed by service in a pensionable office, such
period may be taken into account.
(3) Where a period of service in a capacity in respect of which
a gratuity can be granted under regulation 18, is immediately
followed by service in a pensionable office such period may
likewise be taken into account.
(4) For the purpose of computing the amount of the pension or
gratuity of an officer who, during some period of his service in a
pensionable office in Malta, has been on the active list of the
Armed Forces of Malta, the whole or any part of such period during
which no pension contributions have been paid by Malta, or if paid,
have been refunded, may be taken into account.
† (5) For the purpose of subregulation (1)( e ) and of regulation
9(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.
pensionable office in Malta, the period of such service may be
taken into account as pensionable service:
  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 officer’s
* See  article 8 of Act IX of 1990.
† See  article 8 of Act IX of 1990.
  22        CAP. 93. h              PENSIONS
own pensionable service in other public service;
( b ) this period of service is immediately preceded or
followed by service in a substantive capacity in a
pensionable office in Malta.
Abolition or 
reorganization of 
office. 
Amended by:
LVIII. 1974.68.
12. If an officer holding a pensionable office retires or is
removed from the service in consequence of the abolition of his
office, or for the purpose of facilitating improvements in the
organization of the department to which he belongs, by which
greater efficiency and economy can be effected, he may be granted
a pension:
  Provided, however, that if he has been in the service of Malta
for less than the qualifying period of ten years, he may be granted a
pension calculated in accordance with regulation 2 as if there had
been no qualifying period:
  And 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 Malta:
 Provided further that if such an officer is not qualified for other
employment in the public service or if there is no reason, in the
opinion of the President of Malta, to expect that he can be shortly
re-employed, a pension may be granted to him free from the
abovementioned condition.
Rates of pension 
when offices are 
abolished.
13. An 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 - 
( 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 article 10 of the
Ordinance.
Officers retiring on 
account of injuries. 
Amended by: 
G.N. 177 of 1943; 
VI. 1958.2;
XXV. 1962.2; 
L.N. 1 of 1962;
L.N. 3 of 1966;
L.N. 65 of 1967;
LVIII. 1974.68;
IX. 1990.7.
14. (1) Where an 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 or as a result of enemy action or counter
enemy action,
and his retirement is thereby necessitated or materially accelerated,
he may, if he is qualified for a pension under regulation 2, 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:
                                      PENSIONS  g CAP. 93.           23
When his capacity to contribute to his own support is- 
slightly impaired ............................................ 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 President of Malta shall think
reasonable in the following cases:
(i) where the injured officer has continued to serve
for not less than one year after the injury in
respect of which he retires;
(ii) where the injured 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 also that the total amount of the additional pension
shall not exceed the amount prescribed in article 10(4) of the
Ordinance.
Pensions to 
officers when 
service is less than 
10 years.
* (2) An officer so injured, whose length of service is not such as
to qualify him for a pension under regulation 2 but who is qualified
for a gratuity under regulation 5, may nevertheless be granted in
lieu of such gratuity a pension at the rate of one five-hundred and
fortieth, or in the case of an officer who retires from the Police
Force, 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 the preceding
part of this regulation if he were qualified for pension.
Pension to widows 
or officers killed in 
the discharge of 
duty. 
Amended by: 
G.N. 177 of 1943; 
L.N. 1 of 1962;
L.N. 65 of 1967;
XIII. 1983.5;
IX. 1990.7.
15. (1) Where an officer holding a pensionable office, 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 or has died from an injury received as
a result of enemy action or counter-enemy action 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 date of the injury or
thirty-five liri a year, whichever is the greater; 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 14, 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 article, and he leaves children who would
* See  article 8 of Act IX of 1990.
  24        CAP. 93. h              PENSIONS
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 be widow, in case of remarriage.
Pension to non-
pensionable 
employees who 
have served 15 
years. 
Amended by:
VI. 1958.2;
XXV. 1962.2;
LVIII. 1974.68.
Substituted by:
L.N. 27 of 1988.
Amended by: 
VII. 1992.4.
16. In the case of an employee who is not qualified for a
pension or gratuity under regulation 2 of these regulations, but who
has continuously served in Malta for fifteen years or upwards, a
retiring pension or a commuted pension and gratuity may be
granted under the same circumstances, at the same rate and subject
to the same limits as the pension to which he would have been
eligible had he been employed in a pensionable office.
Gratuity to female 
officer. 
Added by: 
XII. 1956.6.
Amended by:
VI. 1958.2;
XXV. 1962.2; 
L.N. 65 of 1967;
LVIII. 1974.68:
L.N. 27 of 1988.
17. Where a female officer, having served for not less than five
years in any public department in an office in respect of which a
retiring pension may be granted under regulation 16, and having
been confirmed in such an office, resigns her office for the reason
that she has married or is about to marry, a gratuity may be granted
to such officer not exceeding three-fourths of such gratuity as she
would have been eligible to under regulation 6 had she been
employed in a pensionable office, on the production by her, within
the six months following the date of her resignation or within such
longer period as the President of Malta may in any particular case
allow, of satisfactory evidence of her marriage.
Gratuities. 
Amended by: 
G.N. 338 of 1957;
VI. 1958.2;
XXV. 1962.2;
LVIII. 1974.68;
XIII. 1983.5; 
L.N. 27 of 1988.
18. (1) If a person employed in any public department in a
capacity in respect of which a retiring pension cannot be granted
under regulation 16 and who is not qualified for a pension or
gratuity under these regulations, retires at any time after the
completion of sixty years of age or retires on the ground of
infirmity of mind or body not caused by his own misconduct
permanently incapacitating him from the duties of his employment,
or is removed from his employment for any cause other than his
misconduct, or resigns at his own request but not in order to avoid
dismissal, and if the employment is one to which he was required to
devote his whole time, and if he has served in the employment for
not less than seven years, and if his service has been faithful and
meritorious, the President of Malta may, if he thinks fit, grant to
him a compassionate gratuity not exceeding one and a half liri or
one week’s wages, whichever is greater, for each year of his service
in such employment.
(2) If any such person dies while being employed as aforesaid
who would, at the date of his death, have been entitled to a
compassionate gratuity had he retired from such employment on
the ground of infirmity of mind or body, the President of Malta
may, if he thinks fit, grant to his legal representative a
                                      PENSIONS  g CAP. 93.           25
compassionate gratuity not exceeding the amount of the gratuity
which might have been granted to such person if he had retired on
the ground of infirmity.
Gratuities and 
annual allowances 
in case of injuries.
Amended by: 
G.N. 177 of 1943;
VI. 1958.2; 
L.N. 1 of 1962;
XXV. 1962.2; 
L.N. 65 of 1967;
LVIII. 1974.68;
XIII. 1983.5; 
L.N. 27 of 1988.
19. Where a person employed in any public department under
the conditions of regulations 16 and 18, 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 or as a result of enemy action or counter
enemy action, and
( d ) his retirement is thereby necessitated or materially
accelerated,
he may be granted in addition to the retiring pension or gratuity for
which he would be qualified by length of service, a gratuity not
exceeding the undermentioned portion of his salary or wages for
one year, as the case may be, at the date of the injury, or one
hundred liri, whichever is the lesser, namely:
  where his capacity to contribute to his support is - 
slightly impaired........................................... one-third 
    impaired ...................................................... two-thirds 
    materially impaired......................................... the whole. 
 When his capacity to contribute to his support is totally
destroyed, he may receive an annual allowance exceeding by
fifteen-sixtieths of his salary the rate of the pension for which he
would have been qualified by length of service had he been eligible
for a pension:
 Provided that the total award shall not exceed two-thirds of his
salary or wages for one year, as the case may be, at the date of the
injury.
 The award under any of the above scales may be diminished by
such amount as the President of Malta may think reasonable in the
following cases:
( a ) where the injured person has continued to serve for not
less than one year after the injury in respect of which
he retires; or
( b ) where the injured person is fifty years of age or
upwards at the date of the injury; or
( c ) where the injury is not the sole cause of the retirement
but the retirement is caused partly by age or infirmity
not due to the injury.
  26        CAP. 93. h              PENSIONS
Pension to widows 
of persons killed in 
the discharge of 
duty. 
Amended by: 
G.N. 177 of 1943;
VI. 1958.2; 
L.N. 1 of 1962;
XXV. 1962.2; 
L.N. 65 of 1967;
XIII. 1983.5;
IX. 1990.7.
20. (1) Where a person employed in any public department
under the conditions of regulations 16 and 18 has without his own
default been killed in the actual discharge of his duty or has died
from some injury specifically attributable to the nature of his duty
or has been killed or has died from an injury received as a result of
enemy action or counter-enemy action while in the actual discharge
of his duty, a pension may be granted to his widow while
unmarried, not exceeding eight-sixtieths of her husband’s salary or
wages for one year, as the case may be, or twenty-five liri,
whichever is the greater; and a gratuity may be granted to any child
or children of the deceased not exceeding eighty cents multiplied
by the total number of their years of age, starting from their ages at
the date of their father’s death and ending with fifteen years:
  Provided that the total gratuity shall not be less than twenty liri
nor more than sixty liri.
(2) The foregoing provision shall apply also in the case of a
person who after he has been in receipt of an annual allowance
under regulation 19 dies from the direct and immediate effects of
the injury sustained.
(3) If any such person’s wife predeceases him, or if no pension
is granted to her under this article, and he leaves children who
would have been eligible for gratuity, if a pension had been granted
to the widow, gratuities may be granted to them of twice the
amount of the gratuities 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, the award
shall cease, in the case of remarriage of a widowed mother.
Good conduct 
required.
Amended by:
VI. 1958.2;
XXV. 1962.2;
LVIII. 1974.68;
XI. 1977.2;
IX. 1990.7.
21. (1) Pensions, gratuities and allowances, computed at the
rates beforementioned, 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.
