ACT No. xm of 1981 AN ACT to arnend the Members of Parliament Pensiolls Act, 1979.

I assent.

(L.S.)

ANTON BUTTIGIEG

President

24th April, 1981

ACT No. xm of 1981

AN ACT to arnend the Members of Parliament Pensiolls Act, 1979.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament as­

sembled, and by the authority of the same. as follows:--

(l) This Act may be cited as the Members of Parliament

Pensions (Amendm�nt) Act, 1981, and shall be read and construed as

one with the Members of Parliament Pensions Act. 1979, hereinafter

referred to as "the principal Act".

(2) The provisions of this Act shall have effect from the 5th

day of January, 1981, with the exception of section 3 which shall have

effect from the 14th day of August, 1979.

Subsection (1) of section 2 of the principal Act shall be amend­

ed as follows

(a) for paragraph (a) of the definition of "retirement" there

shall be substituted the following

"(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 mem­

ber to cease to be a member 01' not to seek re-election

as a member, and incIudes the failure to be re-elected if

he has sought re-election, 01'

the attainment of the age of sixty-five years,

(iD

whichever is the earlier;", and

in the definition of "service" -

(b)

(i) for the words "any service as a member of the House

and any prior service" there shall be substituted the words

"any service performed by such member pr i or to his attaining

the age of sixty-five y e a rs as a member of the House and any

service"; and

Oi) immediately after paragraph (b) thereof there sha11

be added the following new paragraphs

in respect of a person who on the 5th day of

"(c)

Jalluary, 1981 was a member and had attained the age

of sixty-five years sha11 also include any period during

which he served as a member between his attaining the

a g e of sixty-five years and the 4th day of January, 1981;

(d) in r e s p ec t of a person who on the 4th day of

January, 1981 , was a member over the age of fifty-five

years and had served as member for less than an aggre­

gate of ten years, shalI also include any period commenc­

ing on the 5th day of January, 1981 , or the day on which

he attains the age of s i xty fi v e years, whichever is the

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later, and ending on the day on which he shall have com­

pleted an aggregate of ten years service as a member.".

Section 4 of the principa l Act shall be amended as foIlows

(a) in subsection (1) thereof, for the \vords "by subsection

(3) of this section" there shall be substituted the wo r ds "by sub­

section (4) of this section"; and

(b) in subsectiol1 (3) thereof, for the words "the proviso to

subsection (J) of section 16A and subsection (3) of section 17 of

the National Insurance Act, 1956, s h a l l apply" there shall be sub­

stituted the words "the provisions of the National Insurance Act,

1956. insofar as they refer to pensions under that Act shall apply".

Immediately a f te r section 4 of the principal Act there shall be

of new

added the following new section

to the

Notwithstalldin!� the orovisions of section 4 of this

principal Act.

;

Act, a member who attai ed the age of sixty-five years before

the 5th day of J a nuary 1981 and who, had his retirement

,

occurred before such date, would have been en t i t I e d to a pen­

sion under this Act shall, if the honorarium or salary payable

to him between the day 011 which he attained the age of sixty­

five years and the 4th day of January, 1981 was less than th,�

pension to which he would have been entitled had his retire­

ment occurred, be entitled to reccive for the oeriod between

y

the day on which he attained the age of sixt -five years and

the 4th day of January, 1981, an amount equivalent to the

difference between the said pcnsion and the honorarium or

salary aforesaid; and for the purposes of this Act the amount

so payable shaH be deemed to be a pension under this Act.".

Section 5 of the principal Act shall be amended as follows

Arnendrnent of

section 5

(a) in subsection ( 1) thereof, i mmediat e Iy after the words

of t h e

"payable by every member" there shall be inserted the words "un­ principal Act.

der the age of sixty-five years";

(b) for subsection (2) thereof there sha1l be subs1ituted the

foJIowing new subsections

"(2) The rate of contribution shall be one-twelfth of the

honorarium or salary of the contributing member.

(2A) Where the am o un t of contribution payable by a

member under the N a t i o na l Insurance Act, 1956, is equal to

or greater t h a 11 the amount of contribution payable by him U!l�

deI' this Act, calculated on a wee1dy basis, the p a Y lll (! n t of con�

tribution made in accordance with the provisions of the Na�

tiona1 Insurance Act, 1956, shaH, for the purposes of thi8 sec­

tion, b e deemed to be a payment made u nd e r thi8 Act.

(2B) Where the amount of contribution payable by a

member under th e National Insurance Act, ]956, is less t h a n

the a moun t of contribution payable by him u n d e r this Act,

ca1culated on a weekly basis, the amount of contributioJl pay­

abI e under thi s Act shaH be abated by the a mou n t of contribu­

tion payable under t he National Insu"rance Act. 1956.".

(c) immediately after subsection (4) thereof there shalJ be

added the fol1owing ne,;\,! subsection

"(5) Notwithstanding t h e provisions of subsection (1) of

this section a contribution under this section shall be payable

by a membe r to whom the provisions of par ag ra ph (d) of th e

definitioll of "service" in subsection (1) of se c t i on 2 of this

Act apply in respect of any p er iod takeninto consideration

under that paragn1Dh for the p ur p o s e of calculating the term

of service, during '.vhich h� is over the age of sixty-five years.".

For subsection W of sectiol1 6 of the principal Act there shall

be substituted the foHowing

"(1) When� a former member below the age of s\x!y-five

years who is in receipt of a p:�nsion under this Act again b eco m e s

a member, no pension s ha H be payabJe while he continues to be a

member and unti1 he attains the age of sixty-five years

Provided that where the honorarium or salary currently pay­

ablc to such member is less than the amount of pension to whi c h

he would have be e n entitled under this Act had he not again be­

come a member, he sha11 be entitled to re ce i ve by way of pension

under this Act the difference b ctw ee n sHeh bonorarium or salary

and sllch pension un t il he subsequ::mt!y ceases to be a mCl'lber 0,

attains the age of sixty-five years, wbichever is the ;�" rlie!", a nrl

thenceforth his p�;;�;ion shalI be sueh as he may be entitled to in

accordance with the provisions of this Act.".

lmmediately after sectiol1 6 of the principal Act there shall be

a.dded the fol1owing new section

6A. (1) Subject to the provisions of [his sc<.:tion, ;1

widow of a member who was at the til11<':: of his death entitled

to a P��:!lsjon under this Act, shaJ1 b�� entit1ed to receive a pen­

sioo.

(2) The orovisions of subsection (l) of this sectiol1

shaH a]so apply to a· \vidow of a mem ber who, but for the f:lct

that hc continued to be a memb:.:r after atta in i n g the age of

sixty-onc years, would have been entitled to a pension tmder

this Act.

(3) The rate of pension payable under this sectiol1

shaH be equivalent to two-thirds of the pension to which the

memb e r was, or, but for the fact that he did not ce�lse to bc

a member

before his dcath, INouId h av e been, entitled in

accordance with subsection (J) of section 4 of th i s Act; and

for the purposes of this subsectiol1, t he reference to the pen­

sionable e m olu m e n ts in subsection (l) of sect i o n 4 of this Act

shall be construed as reference to the current pensionab1e

emoluments that would bave b e e n applicable to the member

but for his death,

(4) T he rate of pension p��Y::lble under this s ec ti o ll

sha11 be abatcd by the amount of any pension payable to the

widow u nde r the National Insunmce Act, 1956. and by the

amount of any pension payable to ħer by an em p loye r of

her late husbanJ which is re l a t e d to the employment of her

late husband.

(5) No pensiol1 shall be payab!e to a widow un­

der the age of sixty-five years during any time in which sħe

is in receipt of earn i n g s from a gainful occu!Jation exceeding

the amount specified u n de r subsection (1) of section 90 of the

National I n s u r a nc e Act, 1956. in respect of any period of

four weeks.".

Passed by the House of Representatives a t Sitting No. 491 01' the l4t h April, 1981.

C.AGIUS

Speaker

C. MIFSUD

Clerk to the House of Representatives

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Stampat tl-U.C.S.

Stamperiia tal-Gvern

Prinled at the C.O.S.

Govemmenl Printing Pres;\

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