Cap. 564 Art. 8Pensions affected by re- employment following retirement. Cap. 93. Cap. 12.

If any member of the judiciary or the Attorney General, as the case may be, to whom a pension has been granted under his Act is appointed to a full time office in the public service, or is or was after his retirement appointed to an office established by the Constitution, also being a pensionable office under the Pensions Ordinance, and subsequently retires in circumstances in which he may be granted a pension, or leaves office at the end of his appointment or re- appointment, as the case may be, he may be granted, in lieu of his previous pension, a pension computed as if the periods of his service had been continuous, and such pension may be based on his pensionable emoluments on his previous or final retirement from the service of Malta, or from the said office established by the Constitution, whichever are the greater: Provided that if, on his previous retirement, he was paid a gratuity and reduced pension, the gratuity, if any, to be paid to him on final retirement shall be reduced by the amount of the gratuity whatever, except in so far as is provided in article 381(3) of the

Code of Organization and Civil Procedure.