Rechtsbibliothek und Fallanalyse · Österreich · Belgien · Europäische Union
LAWxPERT Anmelden Kostenloses Konto

Cap. 564 · cap/564 (Cap. 564)

Cap. 564 Art. 2Interpretation. Cap. 93. Cap. 93. Cap. 175. Cap. 186. Cap. 318

In KraftAmtlicher Text

In this Act and in the regulations made thereunder -"Attorney General" means the person appointed in accordance with the provisions of Chapter VII of the Constitution of Malta, whether serving or in retirement, and who is not entitled to a pension under the Pensions Ordinance; "legal representative" means testate or intestate heir of the deceased member of the judiciary or of the deceased Attorney General, as the case may be; "member of the judiciary" means the Chief Justice, judges and magistrates appointed in accordance with the provisions of Chapter VIII of the Constitution of Malta, whether serving or in retirement, and who are not entitled to a pension under the Pensions Ordinance; "month" means a calendar month; ''pensionable emoluments'' means:

(i) in the case of a member of the judiciary or the Attorney General who has retired before the date of the coming into force of this Act who, however, was not entitled to a pension under the Pensions Ordinance, the salary that would be payable to the holder of such office on the date of the coming into force of this Act in accordance with the Judges and Magistrates (Salaries) Act and the President of Malta and other Officers (Salaries) Act respectively; and

(ii) in the case of a member of the judiciary or the Attorney General who has retired after the coming into force of this Act, the salary payable to him in accordance with the Acts mentioned in paragraph (i) immediately before his retirement;

"pensionable office" means the office of a member of the judiciary or of the Attorney General, as the case may be; ''pensionable service'' in relation to a member of the judiciary or Attorney General means service performed by the member of the

* see article 1(2) of this Act as originally enacted, and Legal Notice 335 of 2016. international jurisdiction constituted by virtue of any international or multilateral convention or treaty shall, for the purposes of calculating length of service, also be included as pensionable service except when that service gives a right to the member of the judiciary to a pension or other retirement benefit from an institution outside Malta; and

(ii) in the case of a member of the judiciary and the Attorney General service performed in the offices of Chief Justice, judge, magistrate, Attorney General, and as an advocate in the Office of the Attorney General, irrespective of how the office is referred to, before retirement shall qualify as pensionable service; "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 provision of this Act or any regulations made thereunder; "retirement" means the date when a serving member of the judiciary vacates his office in accordance with the provisions of Chapter VIII of the Constitution of Malta, or a person occupying the post of Attorney General vacates his office in accordance with the provisions of Chapter VII of the Constitution of Malta, as the case may be, and includes the date when a serving member of the judiciary or a person occupying the post of Attorney General, as the case may be, resigns or is removed due to proved inability to perform the functions of his office due to infirmity of body or mind in accordance with the provisions of Chapter VIII of the Constitution of Malta, or Chapter VII of the Constitution of Malta, respectively; ''widow'' has the same meaning as given to it in article 2 of the Social Security Act;

"year" means a calendar year.