Social Security Act (Cap. 318)
Social Security Act (Cap. 318), article 58
58. For the purposes of this Part, in calculating the pensionable
income, the Director shall ignore any increase in any wage, sal ary
or income reckoned for the purpose of assessing or reassessing
such pensionable income -
(a) which is meant to substitute -
(i) any form of fringe benefit and/or personal
drawings, whether ex-cash or ex-bank, to which
the person concerned would have otherwise been
entitled from his employer; and
(ii) any other form of income or remuneration which
was previously receivable by the person
concerned from any source and in respect of
which no contribution was payable;
(b) any other increase in such wage or salary which does
not appear to the Director to be bona fide ; and
(c) any accelerated increment; and
(d) any remuneration for overtime, any form of bonus, any
extra allowances, any remuneration in kind or
commission which did not form part of the basic wage
or salary, and which in any manner becomes part of the
basic wage or salary during the period on which the
pensionable income is to be assessed:
Provided that, where a full-time employee opts to work
with reduced hours, the provisions of paragraph ( d) shall not apply
with respect to any extra allowance which in any manner becomes
part of the basic wage or salary during the period in which the
pensionable income is to be assessed, as long as:
(i) the gross wage or salary, including the said extra
allowances, of such employee does not, during
the period during which the said employee is
working on reduced hours, exceed the full basic
w a g e o r s a l a r y o f t h e p o s t i n w h i c h s u c h
employee is working; and
(ii) the Director is inform ed by the employer that he
intends implementing a scheme as contemplated
in this proviso and the Director gives his written
approval of the scheme before such scheme is
taken up by one or more of the employees
directly employed with the employer making the
request:
Provided further that, without prejudice to the provisions of
the above proviso, where the Dir ector is satisfied that a perso n is in
receipt of a pension which was calculated on the basis of a
pensionable income which includes income as described in this
article, the Director shall re-assess the pension payable to such
person in such a manner to ensure that the provisions of this a rticle
are duly applied with regard to future payments.
68 CAP. 318.] SOCIAL SECURITY
Annual
reassessment of
pensions.
Amended by:
XVI.1990.29;
XIII. 1991.31;
VIII.1992.22.
Re-numbered by:
XXIV . 1993.2.
Amended by:
XXIV .1993.9;
XXV .1994.11;
XXI.1996.23;
XIX. 2006.13;
XIII. 2015.85;
VII.2018.39;
XIII.2024.20.
Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.