S.L. 564.1 Art. 4Gratuity and reduced pension.

(1) Any Member of the Judiciary or the Attorney General to whom a pension is granted under the Act may, at his option exercisable as hereinafter provided, be paid in lieu of such pension, a pension at the rate of three-fourths of such pension together with a gratuity equal to twelve and a half times the amount of the reduction so made in the pension.

(2) Where a Member of the Judiciary or the Attorney General is in office on the date of coming into force of these regulations, the option referred to in sub-regulation (1) shall be exercisable not later than the day immediately preceding the date of retirement of such Member of the Judiciary or of the Attorney General.

(3) In the case of a Member of the Judiciary of Attorney General who has already retired on the date of coming into force of these regulations, the option referred to in sub-regulation (1) shall not be applicable, and any pension payable to such Member of the Judiciary or Attorney General shall only start to be payable as from the date of coming into force of these regulations.

(4) Subject to the provisions of sub-regulation (2), if a Member of the Judiciary or the Attorney General exercises the option, his decision shall be deemed irrevocable so far as concerns any pension to be granted to him under the Act.

(5) If a Member of the Judiciary or the Attorney General who has not exercised the option dies before a pension has been awarded under the Act, it shall be lawful for the President of Malta to grant a gratuity to the widow or widower or to the survivor of a civil union of the Member of the Judiciary or Attorney General as provided in sub-regulation (1) as if the Member of the Judiciary or the Attorney General had, before his death, exercised the option. Such gratuity shall be granted without prejudice to the pension payable in accordance with article 12 of the Act.