Cap. 93 Art. 8ATermination of service to take up employment with designated company or entity.

Where an officer’s or other employee’s service is terminated in order that he may, with the approval of the President of Malta, take up full time employment with such company or entity as may be designated by an Order of the President of Malta for the purposes of this article, the employment of that officer with that company or entity shall be deemed to be service with the

Government for the purposes of this Ordinance, and such employee shall be entitled to a pension or gratuity, as the case may be, under this Ordinance upon the termination of his service with such company or entity as if such service were service with the Government: Provided that, where the termination of such service with the company or entity is due to the winding up of such company or entity whether voluntary or otherwise or due to its bankruptcy, such termination shall be considered as if it were due to abolition of office: Provided further that no such Order shall be made unless such company or entity shall first have bound itself with the Government to contribute towards the Government the difference between the cost of the pension or gratuity payable at the time of retirement from the company or entity and the cost of the pension or gratuity, as the case may be, computed at the time of the termination of the service with the Government for the aforesaid reason of full time employment with the company or entity: Provided further that for the purpose of establishing the date of the termination of the service with the Government with a view to calculating the contribution due by the company or entity towards the cost of pension and, or gratuity, as the case may be, such date shall be deemed to be, and to have always been, either the date when an officer was detailed for service or otherwise commenced performing his duties with the company or entity from which he eventually retired, or the date when an officer took up full time employment with the company or entity, whichever is the earlier.

*See S.L. 93.01 respect of an officer, detailed for duty with the corporation or entity referred to in the relevant law, and who accepts permanent employment with such corporation or entity, service with the said corporation or entity shall, for the purposes of the Ordinance in so far as applicable to him, be deemed to be service with the Government, the pensionable emoluments of such officer on retirement shall be deemed to be the pensionable emoluments established in accordance with the following sub-articles: Provided that nothing in this article shall be deemed to detract from any rights granted to any officer in virtue of article 8C.

(2) The pensionable emoluments of an officer to whom sub-article (1) apply shall be deemed to be the pensionable emoluments payable to an officer in Government service in a grade and at the incremental level corresponding to the post and incremental level at which the officer retires from the company, corporation or entity as the case may be.

(3) For the purposes of sub-article (2), posts and salary grades with the respective company, corporation or entity shall be classified in the most nearly corresponding grades and incremental level under the Government of Malta by reference to job description, skills, responsibilities and other analogous factors.

(4) The classification referred to in sub-article (3) shall be carried out by a board in respect of each company, corporation or entity composed of a chairman appointed by the Minister and two other members, one appointed by the Minister responsible centrally for personnel policies in the public service and one appointed by the Minister responsible for the company, corporation or entity, if any, and in cases where no such ministry exists, by the Minister responsible for industrial relations. The classification shall in each case be subject to the final approval of the Minister.

(5) Such classification shall take place within three months of any adjustment of salaries of employees in Government Service and, or, of employees of the company, corporation or entity as the case may be.

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