Cap. 497 Art. 44Pension rights and other arrangements. Cap. 93.

(1) Where a public officer is detailed for duty with an agency such officer shall, during the time in which such direction is in force, be under the administrative direction and control of the head of the agency, but shall otherwise remain and retain all rights and duties as a public officer, and for the purpose of any law relating to government service pensions, service with any such agency shall be deemed to be service with the Government: what he is entitled to as a public officer: Provided further that during the time in respect of which he is so detailed to perform duties with the agency his terms and conditions of service shall not be less favourable than those which are attached to his appointment with the Government during the period aforesaid. Such terms and conditions shall not be deemed to be less favourable because they are not in all respects identical or superior to those enjoyed by the officer concerned at the date of such detailing, if in the opinion of the Prime Minister such terms and conditions, taken as a whole, offer substantially equivalent or greater benefits.

(2) (a) For the purposes of calculating pensionable emoluments, posts and salary grades with an agency shall be classified in the most nearly corresponding grades and incremental levels in the services of the Government of Malta by reference to job descriptions, skills, responsibilities and other analogous factors.

(b) The classification referred to in paragraph (a) shall be carried out by a board composed of a chairperson appointed by the Minister responsible for finance and two other members, one appointed by the Minister responsible for the agency and one appointed by the agency. The classification shall be subject to the final approval of the Minister responsible for finance.

(c) Such classification shall take place within three months of any adjustment of the salaries of employees in Government service or of employees of the agency.

(d) No post shall be classified in a grade higher than that of a Grade 3 in the service of Government or such other grade that the Minister responsible for finance may from time to time, by notice in the Gazette, determine.

(e) Without prejudice to article 113 of the Constitution, no person may, following a classification as aforesaid, be entitled to rights under the Pensions Ordinance less favourable than those to which he would have been entitled prior to such classification.

(f) Without prejudice to any other law, where on the date of the coming into force of this Act, arrangements which should have been made with respect to public officers that have been detailed in terms of any applicable law have not been finalised, the Prime Minister may issue regulations with the purpose of resolving any administrative difficulties that may have arisen between the time that a public officer has been detailed.