Cap. 93 Art. 23War service to count for pension purposes.

Where an officer shall have served with the armed forces of Malta in time of war, the following provisions shall have effect:

(a) during the period of such service in the said forces, including any period after the determination of the war

(in this article referred to as "military service"), he shall be deemed, for the purposes of this Ordinance, to have been on leave on full salary from the public service in which he was last employed, and to have held the substantive office last held by him in that service, prior to military service;

(b) during any period between his leaving the public service for the purpose of serving in the said forces and the date of his commencing military service, he shall, for the purposes of this Ordinance, be deemed to be on leave without pay, not granted on grounds of public policy, from the public service in which he was last employed, and to have held the substantive office last held by him in that service, prior to military service; and during any period between the termination of his military service and the date of his re-entering the public service he shall, for the said purposes, be deemed to be on leave as aforesaid from the service, and to have held the substantive office, in which he is re-employed:

Provided that -

(i) this article shall not apply when either period mentioned in paragraph (b) exceeds three months, or such longer period as the President of Malta may in any special case determine; or if the officer fails, after serving with the said military service, to retire on pension or gratuity, such circumstances arising not later than the expiration of three months, or such longer period as may be determined as aforesaid, after the termination of his military service;

(ii) if during any period mentioned in paragraph (a) the officer shall have qualified for pension, or received emoluments in lieu of pension rights, actually in respect of military service, paragraph

(a) shall, as respects that period, have effect as if the words "leave without salary not granted on grounds of public policy" were substituted for the words "leave on full salary";

(iii) if during his military service the officer shall be injured or killed, he shall not, for the purposes of regulations 14 and 15 of the regulations scheduled to this Ordinance, be deemed to have been injured or killed in the discharge of his duty;

(iv) the provisions of this article which require that the officer shall be deemed to have held a specified office and to have been on leave from a specified service shall not apply in respect of any period during which he shall actually have held any other substantive office and have been on leave from any public service;

(v) save where in any particular case the President of Malta otherwise directs, this article shall not apply where the office in the public service last held by the officer prior to military service was not a pensionable office. ENERAL EGULATIONS