  MEMBERS OF PARLIAMENT PENSIONS   [ CAP. 280.        1
CHAPTER 280
MEMBERS OF PARLIAMENT PENSIONS ACT 
To make provision for the payment of a pension to Members of
Parliament.
14th August, 1979
ACT XXVI of 1979, as amended by Acts: XIII of 1981, VII of 1989, XXIV
of 1995, V of 1996 and XV of 2002.
Short title.
l. The short title of this Act is the Members of Parliament
Pensions Act.
Interpretation.  
Amended by: 
XIII. 1981.2; 
VII. 1989.2.
2. (1) In this Act, unless the context otherwise requires - 
"current pensionable emoluments" has the same meaning as
"pensionable emoluments" with the substitution of references to
honoraria or salaries currently payable on a relevant date for the
references to honoraria or salaries payable on the date of
retirement;
"House" means the House of Representatives established by
article 51 of the Constitution;
"member" means any person who, on or after 1st January, 1976,
was or becomes a member of the House;
"pensionable emoluments" means - 
( a ) in respect of service by a member to whom paragraph
( b ) of this definition does not apply, the honorarium
payable to a member on the date of his retirement;
( b ) in respect of service by a member who has also held
the office of Speaker, or of Prime Minister, or of
Minister, or of Parliamentary Secretary, or of Deputy
Speaker or of Leader of the Opposition under any of
the instruments specified in subarticle (2), for a period
of not less than five years, or who has held any two or
more of those offices for a period of not less than five
years in the aggregate, or for a period of less than five
years, being the whole period between the first sitting
of the House or of the Legislative Assembly after any
dissolution, up to the date when the House or the
Legislative Assembly, as the case may be, is again
dissolved after that sitting (hereinafter referred to as
"the period of a Legislature"), has held any such office
or any two or more of those offices, the salary payable
in respect of that office, or the average of the salaries
payable in respect of the said offices which carry the
higher emoluments calculated on the length of service
in each such office during the five years more
favourable to the member, or during that period of a
Legislature, as the case may be, being the most
favourable to the member, on the date of his
retirement:
  2      CAP. 280. ]               MEMBERS OF PARLIAMENT PENSIONS  
Provided that where a member who has not held any such
office or any such offices for a whole period of a Legislature, but
has held any such office for a period of less than five years, or has
held any two or more of such offices for a period of less than five
years in the aggregate, the average of the salary payable in respect
of such office and of the honorarium payable to a member, for a
period of five years in the aggregate, or the average of the salaries
payable in respect of the said offices and of the honorarium payable
to a member, for a period of five years in the aggregate, shall be
calculated in the manner aforesaid during the five years more
favourable to the member on the date of his retirement; 
"retirement" - 
( a ) in respect of a member over the age of sixty-one years
who is still a member, means - 
(i) the implementation of the decision by such
member to cease to be a member or not to seek
re-election as a member, and includes the failure
to be re-elected if he has sought re-election, or
(ii) the attainment of the age of sixty-five years, 
whichever is the earlier;
( b ) in respect of a member who ceases to be a member
before attaining the age of sixty-one years, the
attainment of that age;
"service" in relation to any member, means any service
performed by such member prior to his attaining the age of sixty-
five years as a member of the House and any service as a member
of the Legislative Assembly under any of the instruments aforesaid
and - 
( a ) in respect of a member who ceases to be a member
upon a dissolution of Parliament and is re-elected a
member at the first general election after that
dissolution, shall also include the period between the
said dissolution and the day on which the House first
sits after that dissolution;
( b ) in respect of a member who has occupied the office of
Speaker, or of Minister, or of Parliamentary Secretary,
shall also include, for the purpose of service as
member or of service in any of the said offices, any
service in that office while the Assembly or Parliament
stood dissolved, so however that no period as a
member and in any of the said offices shall be taken
into account more than once;
( c ) in respect of a person who on the 5th January, 1981,
was a member and had attained the age of sixty-five
years shall also include any period during which he
served as a member between his attaining the age of
sixty-five years and the 4th January, 1981;
( d ) in respect of a person who on the 4th January, 1981,
was a member over the age of fifty-five years and had
  MEMBERS OF PARLIAMENT PENSIONS   [ CAP. 280.        3
served as member for less than an aggregate of ten
years, shall also include any period commencing on
the 5th January, 1981, or the day on which he attains
the age of sixty-five years, whichever is the latter, and
ending on the day on which he shall have completed an
aggregate of ten years service as a member;
Cap. 318.
"service pension" has the same meaning as is assigned to it by
article 2 of the Social Security Act;
"year", except for the purposes of establishing the age of a
person, means a period of three hundred and sixty-five days, and
includes two or more periods amounting in the aggregate to three
hundred and sixty-five days.
(2) The instruments referred to in subarticle (1) are the Malta
(Constitution) Letters Patent, 1947, the Malta (Constitution) Order-
in-Council, 1961 and the Malta Independence Order, 1964.
Charge of 
expenditure on 
Consolidated 
Fund.
3. All moneys required to meet any expenditure under this
Act shall be a charge on the Consolidated Fund.
Pension to 
members. 
Amended by: 
XIII. 1981.3; 
VII. 1989.3;
V. 1996.2;
XV. 2002.7.
4. (1) Subject to the provisions of this Act, a member who
has had a term of service in at least two legislatures not being in the
aggregate less than sixty five months, shall, on his retirement,
receive a pension at the rate of one two hundred and seventieth of
his pensionable emoluments for each completed month of service
up to the limit established by subarticle (4).
(2) Where on the last day of any month on which a pension is
due to be paid to a person under this Act, the pension so payable
together with any other service pension exceed in their aggregate
the amount which would have been payable to such person under
subarticle (1) if the pension had been calculated on the current
pensionable emoluments applicable in his case, such person shall
receive only such part of the pension otherwise payable under this
Act as shall ensure that the said pensions together do not exceed the
amount aforesaid:
Provided that where all the pensions aforesaid are together less
than the said amount, the pension otherwise payable under this Act
shall be increased by such sum as shall ensure that the said
pensions together make up that amount.
Cap. 318.
(3) In any case in which subarticle (2) applies, the provisions
of the Social Security Act, in so far as they refer to pensions under
that Act, shall apply.
(4) Subject to the provisions of subarticle (2), a pension
payable to a person under this Act shall not exceed two-thirds of
his pensionable emoluments.
(5) For the purpose of calculating a completed month of
service, month means calendar month:
Provided that where a member’s service is made up of an
aggregate of interrupted periods of service the number of days in
each of such periods in excess of completed calendar months shall
  4      CAP. 280. ]               MEMBERS OF PARLIAMENT PENSIONS  
be added together and any aggregate of thirty days resulting from
such addition shall constitute an additional completed month.
(6) ( a ) The Minister responsible for finance may give his
approval for the award of a pension to a member, who
is under the age of sixty one years and who would have
satisfied the entitlement conditions for the award of a
pension under this Act had he reached the age of sixty
one years, if, immediatley prior to his retirement, the
Minister is satisfied that such member is precluded
from undertaking any gainful occupation owing to
some specific mental or physical infirmity.
( b ) For the purposes of awarding a pension in terms of this
subarticle, the Minister shall, before giving his
approval, unless the claim for pension fails on other
statutory conditions, consult on the medical aspects of
the claim with a medical board appointed for the
purpose by the Director General responsible for health
and the member may for such purpose be requested to
submit to such medical examination or tests as the said
board may reasonably require and the Minister shall act
on the recommmedations of the said board.
( c ) For the purpose of this subarticle, the Director General
responsible for health shall act in accordance with his
individual professional judgement and shall not be
subject to any direction or control from any other
person or authority.
4A.   Omitted under Act IX of 1980.
Pension payable to 
the President of 
Malta.  
Added by:
V. 1996.3.
4B. (1) A person appointed to the office of President of Malta
shall, on retiring from office, be entitled to a pension at the rate of
one ninetieth of the salary payable to him on the date of his
retirement for each completed month of service as President.
(2) The provisions of article 4(2) to (5) shall apply in respect of
the pension payable under subarticles (1) and (4) subject to the
following modifications:
 ( a ) any reference therein to pensionable emoluments shall
be construed as a reference to the salary payable to the
President on the date of his retirement;
( b ) current pensionable emoluments shall be construed as
the salary currently payable to the President of Malta.
(3) In the case of the person appointed as President of Malta in
virtue of article 49(4) of the Constitution as in force on the 13th
December, 1974, service as President of Malta shall for the
purposes of subarticle (1) include also service as Governor
General.
(4) The surviving widow or widower of a person appointed to
the office of President shall on the death of the person so
appointed, be entitled to a pension, to be called a widow’s pension,
equivalent to five sixths of the pension payable in accordance with
the previous provisions of this section to his or her spouse if he had
  MEMBERS OF PARLIAMENT PENSIONS   [ CAP. 280.        5
been alive, and if the person appointed dies during his term of
office to five sixths of the pension to which he would have been
entitled had he retired on the date of his or her death:
Provided that a person entitled to a pension under this
subsection who is also entitled to a pension under any other
provisions of this Act shall only be entitled to receive the higher of
such pensions.
Member’s 
contribution.
Amended by:
XIII. 1981.5;
VII. 1989.4.
5. (1) A contribution, at the rate specified in subarticle (2)
shall, from and after the commencement of this Act, be payable by
every member under the age of sixty-five years while he is a
member, and such contribution shall be deducted from the
honorarium or salary of every such member.
(2) The rate of contribution shall be one-twelfth of the
honorarium or salary of the contributing member.
Cap. 318. 
(3) Where the amount of contribution payable by a member
under the Social Security Act, is equal to or greater than the amount
of contribution payable by him under this Act, calculated on a
weekly basis, the payment of contribution made in accordance with
the provisions of the Social Security Act, shall, for the purposes of
this section, be deemed to be a payment made under this Act.
Cap. 318. 
(4) Where the amount of contribution payable by a member
under the Social Security Act is less than the amount of
contribution payable by him under this Act, calculated on a weekly
basis, the amount of contribution payable under this Act shall be
abated by the amount of contribution payable under the Social
Security Act.
Cap. 123.
(5) A contribution paid under this Act shall, for the purposes of
article 53(1)( d ) of the Income Tax Act, be deemed to be an annual
contribution to a pension approved by the Commissioner of Inland
Revenue.
(6) No contribution paid under this Act shall be refundable. 
(7) Notwithstanding the provisions of subarticle (1) a
contribution under this section shall be payable by a member to
whom the provisions of paragraph   ( d ) of the definition of "service"
in article 2(1) apply in respect of any period taken into
consideration under that paragraph for the purpose of calculating
the term of service, during which he is over the age of sixty-five
years.
Pension not 
payable in certain 
cases. 
Amended by: 
XIII. 1981.6.
6. (1) Where a former member below the age of sixty-five
years who is in receipt of a pension under this Act again becomes a
member, no pension shall be payable while he continues to be a
member and until he attains the age of sixty-five years:
Provided that where the honorarium or salary currently
payable to such member is less than the amount of pension to which
he would have been entitled under this Act had he not again
become a member, he shall be entitled to receive by way of pension
under this Act the difference between such honorarium or salary
and such pension until he subsequently ceases to be a member or
attains the age of sixty-five years, whichever is the earlier, and
  6      CAP. 280. ]               MEMBERS OF PARLIAMENT PENSIONS  
thenceforth his pension shall be such as he may be entitled to in
accordance with the provisions of this Act.
(2) No pension shall be payable to a person under this Act who
has ceased to be a member by reason of the dissolution of
Parliament until the publication of the official result of the next
ensuing general election or, if he has not sought re-election, until
the closing day for nominations for that election.
(3) No pension shall be payable under this Act to a person who
is disqualified from membership of the House by or under any law
for the time being in force by reason of his having been convicted
of an offence connected with the election of members of
Parliament.
Pension to widows. 
Added by: 
XIII. 1981.7.
Amended by: 
VII. 1989.5;
V. 1996.4.
7. (1) Subject to the provisions of this section, a widow or
widower of a member who was at the time of his death entitled to a
pension under this Act, shall be entitled to receive a pension:
Provided that a person entitled to a pension under this section
who is also entitled to a pension under any other provision of this
Act shall only be entitled to receive the higher of such pensions.
(2) The provisions of subarticle (1) shall also apply to a widow
or widower of a member who:
( a ) has not yet attained the age of sixty one years at the
time of his death but who, before such death, satisfied
the requirements of subsection (1) of section 4 of this
Act; or
( b ) but for the fact that he continued to be a member after
attaining the age of sixty one years, would have been
entitled to a pension under this Act.
(3) The rate of pension payable under this section shall be
equivalent to five-sixths of the pension to which the member was,
or, but for the fact that he did not cease to be a member before his
death, would have been, entitled in accordance with article 4(1);
and for the purposes of this subarticle, the reference to the
pensionable emoluments in article 4(1) shall be construed as a
reference to the current pensionable emoluments that would have
been applicable to the member but for his death.
(4) The rate of pension payable under this section shall be
abated by the amount of any pension payable to her by an employer
of her late husband which is related to the employment of her late
husband.
Cap. 318.
(5) No pension shall be payable to a widow under the age of
sixty-five years during any time in which she is in receipt of
earnings from a gainful occupation exceeding the amount specified
under article 32 of the Social Security Act in respect of any period
of four weeks.
Pension not 
assignable, etc.
Amended by:
XXIV. 1995.360.  
Cap. 12.
8. (1) No pension payable under this Act shall be assignable,
transferable or liable to be attached, sequestered or levied upon for
or in respect of any debt or claim whatsoever, except in so far as is
provided in article 381(3) of the Code of Organization and Civil
  MEMBERS OF PARLIAMENT PENSIONS   [ CAP. 280.        7
Procedure.
Cap. 13.
(2) If a person who is in receipt of a pension under this Act is
declared a bankrupt, such pension shall not be deemed to form part
of the property or estate of that person for the purposes of any of
the provisions of Part III of the Commercial Code.
Administration of 
Act.
9. The Minister responsible for finance shall be charged with
the general administration of this Act.
Saving.
receipt of an allowance or other payment under the Members of
Parliament (Retiring Allowances) Act, 1966 *  shall continue to be
entitled to receive such allowance or other payment until such time
as he would have ceased to be so entitled under that Act:
Provided that any such person shall also cease to be entitled
to any allowance or other payment under that Act if he is entitled to
receive a pension under this Act and he opts to receive such
pension.
*Repealed by subsection (1) of section 10 of the Act as originally enacted, which
subsection is being omitted under the Statute Law Revision Act, 1980.
