Police Act (Cap. 164), article 103

103. (1) No pension shall be granted to any police officer except on his retirement from the Force in any one of the following ca ses: (a) on or after attaining the age of sixty-four (64) years or if he has completed twenty -five (25) years of service in the Force: Provided that whenever a police officer who has already obtained the full pensionable emoluments is reinstated as a member of the Force, he shall serve as a member for a period of not less than two (2) years in order for his pension to be reviewed. (b) on the abolition of his office; (c) on compulsory retirement for the purpose of facilitating improvement in t h e o r g a n i s a t i o n o f t h e Force, by which greater efficiency and economy can be effected; (d) in the case of termination of employment in the public interest as provided in this Act; (e) on medical evidence to the satisfaction of the Minister that such police officer is incapable, by reason of infirmity of mind or body, of discharging the duties of his office and that such infirmity is likely to be permanent: Provided that if a police officer is, without his own default, seriously injured during the cour se of his duties and due to su ch injury he is incapable of discharging the duties of his office, and ha s been duly certified as such by an Injuries Board made up of medical and other professionals appointed by the Minister responsible for t he Police, such officer may be entitled to pensionable emoluments as if he had completed the twenty-five years’ service: Provided further that, if a police officer, without his own default, dies as a direct consequence of him having carried out the duties of his office, his dependants, unless otherwise preclude d at law, will be entitled to the payment of such pensionable emoluments, as mentioned hereunder. (2) For the purpose of sub-artic l e ( 1 ) ( e ) , t h e p e n s i o n a b l e emoluments shall be granted to:     Cap. 530. (a) the surviving spouse or par tner of the deceased until such spouse remarries or such partner contracts another union of equivalent s tatus in accordance with the Civil Unions Act or reaches pensionable age; or (b) in the absence of an eligible spouse or partner, the child or children of the deceased until such child or children attain the age of ei ghteen years or until such child or children attain the age of twenty-three years if 34 [CAP. 164. POLICE ACT attending a full-time educational institution; or (c) in the absence of children, a parent or immediate family relative who was wholly dependent on him for maintenance, for a period of five years from the death of the police officer subject to the retention of a state of dependency.     Cap. 569. (3) For the purposes of sub-artic l e ( 2 ) ( b ) , t h e p e n s i o n a b l e emoluments shall be granted to the child or children equally di vided and, in the case of minors, entrusted to their legal guardian a s defined in the Child Protection (Alternative Care) Act . Retirement on the ground of public interest. 104.Where a police officer’s service is terminated on the ground referred to in article 16(c), an d a pension cannot otherwise be granted under the provisions of this Act, such police officer may be gr anted a pension not exceeding in amount that for which he would be elig ible if he retired from the Force in the circumstances described in art icle 103(1)(e). Maximum pension which may be granted. 105.(1) A pension granted to a police officer under this Act shall not exceed two-thirds of the highest pensionable emoluments dra wn by him at any time in the course of his service in the Force. (2) For the purpose of sub-article (1), an additional pension gr anted in respect of injury shall not be taken into account; but where a police officer is granted such an additional pension, the amount of su ch additional pension which he may draw shall not exceed one-sixth of his highest pensionable emoluments at any time in the course of his service in the Force by more than the sum by which his pension or pensions, apart from such additional pension, falls short of tw o-thirds of such highest emoluments. (3) For the purposes of this Part and the regulations made thereunder: "month" means a calendar month; "pensionable emoluments" include - (a) salary, (b) personal allowance, but does not include duty allowance, entertainment a llowance, house allowance, the estimated annual rental value of free quarters, value of rations, extra remu neration, any fees paid out of the Treasury by way of salary or any other emoluments whatsoever; "personal allowance" means a s pecial addition granted personall y to the holder for the time being of the office, but does not inclu de such an addition if it is granted subject to the condition that it shal l not be pensionable; "police officer" means a police officer appointed in the Force on or after the 15th January, 1979; "year" means a calendar year. POLICE ACT [CAP. 164. 35 Pensions not to be assignable.   Cap. 12. 106.No pension under this Act shall be assignable, transferable or liable to be attached, sequestrated or levied upon, for or in r espect of any debt or claim whatever, except in so far as is provided in article 318(3) of the Code of Organization and Civil Procedure . Pension to be reduced in certain circumstances. 107.(1) A police officer who retires on grounds listed in article 103(1)(e), to whom a pension has been granted under this Act 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 or office aforesaid, shall, until he reaches the age of fifty-five years or until th e twenty- fifth anniversary of his first appointment in the Force, whiche ver is the earlier, have his pension 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 pay able in respect of the post which the officer held on retirement, takin g account only, if such salary is incremental, of the corresponding incre ments earned prior to retirement, or, if such post has been abolished , in analogous post: Provided that the yearly pension shall in no case be reduced to less than the sum of one hundred and sixteen euro and forty-sev en cents (€116.47), and if the yearly pension or other allowance d oes not exceed the minimum payable as af oresaid no reduction shall be m ade therefrom. (2) For the purposes of sub-article (1), the aggregate income sh all be established by adding - (a) the pension which, but for the provisions of this article, would have been receivable under this Act; and (b) any remuneration or income referred to in subarticle(1)( a), ( b), or ( c), or both such remuneration and income; and (c) by subtracting therefro m the yearly sum of one hundred and sixteen euro and forty-seven cents (€116.47). (3) Any reduction in the pension under sub-article (1) shall be calculated on the basis of the pension, the remuneration or oth er income, and the salary, receivable during a period of twelve mo nths ending on 31st December of the year in which the reduction is d ue to be made, but, subject to any adju stments that may be or become necessary for any reason whatsoev er, and in so far as practicab le, shall be made from the monthly or other periodical payments of the pe nsion. (4) Any officer to whom sub-article (1) applies shall without de lay inform the Director General (So cial Security), and keep him at all times informed, of all the circumstances which render the said sub- 36 [CAP. 164. POLICE ACT article (1) applicable to him a nd the extent to which it is so applicable, and of any change in the circumstances or extent aforesaid, and shall give the Director General (Socia l Security), on request, all re levant information; and if such officer fails to comply with any of th e provisions of this sub-article any pension to which he may be e ntitled under this Act shall forthwith cease: Provided that on good cause being shown the pension or other allowance may be restored, with o r without retrospective effect , by the Prime Minister. Repeal and saving. 108. *See footnote hereunder. Transitory provision. Added by: XXXII.2018.19.