Cap. 93 Art. 11APension of officers affected by medical dispute of June 1977.

(1) Saving the provisions of sub-article (3), any officer who had been in the service of Malta and who as a consequence of the medical dispute which led to industrial action taken on the 2nd

June, 1977, had his service terminated or was suspended from such service or otherwise lost his employment with the Government, may nonetheless be granted such pension or gratuity in respect of effective service.

(2) Such officer may only be entitled -

(a) to such gratuity with effect from 19th June, 1987; and

(b) to such pension -

(i) with effect from the 19th June, 1987, if he has attained the age of sixty years on or before that date; or

(ii) if he has attained the age of sixty years on or before that date and has been re-employed, with effect from the date of his retirement; or

(iii) if he has not attained the age of sixty years on the 19th June, 1987 and has not resumed service, with effect from the date on which he has attained that age; or

(iv) if he has not attained the age of sixty years on the 19th June, 1987 and has resumed service, with effect from the date of his retirement;

(3) Any service prior to a break of service may be allowed to count for pension purposes together with any service subsequent to such break and the provisions of paragraph (b) of the proviso to regulation 8 of the Pensions Regulations shall not apply, if the break of service -

(a) is due to termination of service under the provisions of the Employment and Industrial Relations Act, as a consequence of the medical dispute referred to in sub-article (1); or

(b) is otherwise a consequence of the said medical dispute.

(4) Where the grade or category in which any such officer as is referred to in sub-article (1) had been employed has ceased to exist as such or has been absorbed in another grade or category, and such officer had given notice to the Superintendent of Health by the 19th July, 1987 of his intention to resume duty or accept re-employment, but has declined the offer made to him to resume duty or to accept re-employment in an equivalent grade or category under the conditions of such post, the provisions as contained in this Ordinance regarding the abolition of post may, where applicable, apply: Provided that a pension granted as a result of the abolition of post may only be payable with effect from the 19th June, 1987 and be computed as if such abolition took place on the last day of effective service of employment.

(5) The provisions of article 19 shall apply in respect of such officer as is referred to in sub-article (1), who has died on or after the 2nd June, 1977.