SUBSIDIARY LEGISLATION
260.04 — 20th April, 2001 — LEGAL NOTICE 88
of 2001.
1. The title of these regulations is the
Prisons Pensions Regulations.
2. In these regulations, unless the context
otherwise requires:
"Act" means the Prisons Act;
"correctional services officer" means any officer
appointed to the public service on or after the 15th January,
1979 and who occupies any post listed in the Schedule;
"Minister" means the Minister responsible for
the prisons and includes, to the extent of the authority
given, any person authorised on that behalf for any purpose
of the Act;
"month" means a calendar month;
"pensionable emoluments" include -
(i) salary,
(ii) personal allowance, but does not include special
duty allowance, extra remuneration, any fees paid out of
the Treasury by way of salary or any other emoluments whatsoever;
"personal allowance" means a special addition
granted personally to the holder for the time being of the
office, but does not include such an addition if it is granted
subject to the condition that it shall not be pensionable;
"year" means a calendar year.
3. No pension shall be granted to any correctional
services officer except on his retirement from the Department
of Correctional Services in any one of the following cases:
(a) on or after attaining the age of fifty-five years or
if he has completed twenty-five years’ service in the
Department of Correctional Services;
(b) on the abolition of his office;
(c) on compulsory retirement for the purpose of facilitating
improvement in the organisation of the Department of Correctional
Services, by which greater efficiency and economy can be
effected;
(d) on compulsory retirement on the ground of public interest;
(e) on medical evidence to the satisfaction of the Prime
Minister that such correctional services officer is incapable
by reason of infirmity of mind or body of discharging the
duties of his office and that such infirmity is likely to
be permanent.
4. Where a correctional services officer’s
services is terminated by the Prime Minister after taking regard
of the conditions of the Department of Correctional Services,
the usefulness of the correctional services officer thereto,
and all the circumstances of the case, and it is considered
in the public interest that he should no longer serve as a
member of the Department of Correctional Services, and a pension
cannot otherwise be granted to him under the provisions of
these regulations, such correctional services officer may be
granted a pension not exceeding in amount that for which he
would be eligible if he retired from the Department of Correctional
Services in the circumstances described in regulation 3(e).
5. (1) A pension granted to a correctional
services officer under these regulations shall not exceed two-thirds
of the highest pensionable emoluments drawn by him at any time
in the course of his services in the Department of Correctional
Services.
(2) For the purpose of the preceding subregulation
an additional pension granted in respect of injury shall not
be taken into account; but where a correctional services officer
is granted such an additional pension, the amount of such additional
pension which he may draw shall not exceed one-sixth of his
highest pensionable emoluments at any time in the course of
his service in the Department of Correctional Services by more
than the sum by which his pension, apart from such additional
pension, falls short of two-thirds of such highest emoluments.
6. No pension granted under these regulations
shall be assignable, transferable or liable to be attached,
sequestrated or levied upon, for or in respect of any debt
or claim whatever, except in so far as is provided in article
381 (3) of the Code of Organization and Civil Procedure.
7. (1) A correctional services officer who
retires on grounds listed in regulation 3(e), to whom a pension
has been granted under these regulations and who is in receipt
of -
(a) any remuneration in respect of any employment, or
of any services rendered, of any office held; or
(b) any income deriving from the exercise of a trade,
business, profession or vocation; or
(c) any income deriving from any pension, allowance or
other payment in respect of any employment, service or
office aforesaid, shall, until he reaches the age of fifty-five
years or until the twenty-fifth anniversary of his first
appointment in the Department of Correctional Services,
whichever is the earliest, have his pension reduced by
the amount by which the aggregate income established in
accordance with the following provisions of this regulation
exceeds the salary which is then payable in respect of
the post which the officer held in retirement, taking account
only, if such salary is incremental, of the corresponding
increments earned prior to retirement, or, if such post
has been abolished, an analogous post:
Provided that the yearly pension shall in no case be reduced
to less than the sum of fifty liri, and if the yearly pension
or other allowance does not exceed the minimum payable
as aforesaid, no reduction shall be made therefrom.
(2) For the purpose of subregulation (1), the aggregate
income shall be established by adding -
(a) the pension which, but for the provisions of this
regulation, would have been receivable under these regulations;
and
(b) any remuneration or income referred to in subregulation
(1)(a), (b) or (c), or both remuneration and income; and
by subtracting therefrom the yearly sum of fifty liri.
(3) Any reduction in the pension under subregulation (1)
shall be calculated on the basis of the pension, the remuneration
or other income, and the salary, receivable during a period
of twelve months ending on 31st December of the year in which
the reduction is due to be made, but, subject to any adjustments
that may be or become necessary for any reason whatsoever,
and in so far as practicable, shall be made from the monthly
or other periodical payments of the pension.
(4) Any officer to whom subregulation (1) applies shall
without delay inform the Accountant General, and keep him
at all times informed, of all the circumstances which render
the said subregulation (1) applicable to him and the extent
to which it is so applicable, and of any change in the circumstances
or extent aforesaid, and shall give the Accountant General,
on request, all relevant information; and if such officer
fails to comply with any of the provisions of this subregulation,
any pension to which he may be entitled under these regulations
shall forthwith cease:
Provided that on good cause being shown, the pension or
other allowance may be restored, with or without retrospective
effect, by the Prime Minister.
8. Subject to the provisions of the Prisons
Act, and of these regulations, every correctional services
officer, who has been in the Department of Correctional Services
for ten years or upwards, may be granted a pension at the rate
of one four-hundred and fiftieth of his pensionable emoluments
for each complete month of pensionable service, subject to
the limit described in regulation 5.
9. The service in respect of which a pension
may be granted must be unbroken, except in cases where the
service has been interrupted by abolition of office or other
temporary suspension of employment, and not arising from misconduct
or voluntary resignation:
Provided that any service prior to a break
of service may be allowed to count for pension together with
any service subsequent to such break:
(a) if the whole intervening period has been spent in some
other employment in the service of the Republic; or
(b) in the case where such correctional services officer,
having resigned from the Department of Correctional Services,
is subsequently recalled in the Department of Correctional
Services with the approval of the Prime Minister on account
of the exigencies of the Department of Correctional Services,
and such recall is certified by the Prime Minister.
10. (1) For the purpose of computing the amount
of the pensions of a correctional services officer who has
had a period of not less than three years’ pensionable
service under these regulations before his retirement -
(a) in the case of a correctional services officer who has
held the same office for a period of three years immediately
preceding the date of his retirement, the full annual pensionable
emoluments enjoyed by him at that date in respect of that
office shall be taken;
(b) in the case of a correctional services officer who at
any time during such period of three years has been transferred
from one office to another within the Department of Correctional
Services, but whose pensionable emoluments have not been
changed by reason of such transfer or transfers within the
Department of Correctional Services, otherwise than by the
grant of any scale increments, the full annual pensionable
emoluments enjoyed by him at the date of his retirement in
respect of the office then held by him shall be taken;
(c) in other cases one third of the aggregate pensionable
emoluments enjoyed by the correctional services officer in
respect of his service during the three years of his service
immediately preceding the date of his retirement shall be
taken:
Provided that -
(i) if such one third is less than the highest annual
pensionable emoluments enjoyed by him at the date of any
transfer within the Department of Correctional Services,
within such period of three years those annual pensionable
emoluments shall be taken; and
(ii) if such one third is less than the highest annual
pensionable emoluments enjoyed by him at the date of his
retirement, if he had continued to hold any office within
the Department of Correctional Services from which he has
been transferred at any time during such period of three
years, and had received all scale increments which, in
the opinion of the Prime Minister, would have been granted
to him, the annual pensionable emoluments which would have
been so enjoyed shall be taken.
(2) For the purpose of determining under subregulation (1)
the pensionable emoluments that a correctional services officer
has enjoyed or would have enjoyed, as the case may be, he
shall be deemed -
(a) to have been on duty on full pensionable emoluments
throughout the period of three years immediately preceding
the date of his retirement; and
(b) to have enjoyed the benefit on any increase due to
a revision of salaries in the pensionable emoluments of
any office held by him as if such increase has been payable
throughout such period of three years.
(3) For the purpose of computing the amount of the pension
of a correctional services officer who has had a period of
less than three years’ pensionable service before his
retirement -
(a) the average annual pensionable emoluments enjoyed
by him during such period shall be taken;
(b) he shall be deemed to have been on duty on full pensionable
emoluments throughout such period;
(c) he shall be deemed to have enjoyed the benefit of
any increase due to a revision of salaries in the pensionable
emoluments of any office held by him as if such increase
had been payable throughout such period; and
(d) any periods during which he has been absent from duty
on leave without salary, granted on grounds of public policy
with the approval of the President, and during which he
has not qualified for pension in respect of other public
service.
(4) In no circumstances shall the pensionable emoluments
to be taken exceed the full annual pensionable emoluments
enjoyed by the correctional services officer at the date
of his retirement in respect of the office then held by him.
(5) In the case of a correctional services officer to whom
regulation 11(1)(d) applies, the date of retirement shall:
(a) where such officer reaches the age of retirement;
or
(b) where such officer would have but for his dismissal
completed twenty-five years’ service; or
(c) where such officer dies, before his dismissal has
been declared null by the competent authority, be deemed
to be the day on which he reached the age of retirement,
or the day on which he would have completed twentyfive
years’ service, or on which he died, whichever is
the earlier, and his pensionable emoluments to be taken
into consideration shall be those which he would have been
receiving on such date had he not been so dismissed.
11. (1) For the purpose of computing the amount
of a correctional services officer’s pension the following
periods shall be taken into account as pensionable service:
(a) any periods during which he has been on duty;
(b) any period during which he received half salary;
(c) any periods during which he has been absent from duty
on leave with full or half salary;
(d) any period following dismissal from the Department
of Correctional Services, where such dismissal is subsequently
declared to have been invalid by a competent authority,
up to the time of reinstatement, or the date when such
correctional services officer would have completed twenty-five
years’ service, or the day on which such correctional
services officer would have to retire because of age, or
the date when such officer dies, whichever is the earlier.
And any periods during which he has been absent on leave,
other than those specified above, shall be deducted from
the officer’s total service in order to arrive at
his period of pensionable service.
(2) For the purposes of subregulation (1)(d) and for the
purposes of regulation 10(5), the term "dismissal" shall
be deemed to include "compulsory retirement on the ground
of public interest" and the term "dismissed" shall
be construed accordingly.
12. Where an officer has performed acting
service in a pensionable office in the Department of Correctional
Services, the period of such service may be taken into account
as pensionable service under these regulations:
Provided that -
(a) the period of such acting service was not part of the
pensionable service of the previous holder of the office
and does not fall to be reckoned as part of the officers’ own
pensionable service under these regulations in the Department
of Correctional Services;
(b) this period of service is immediately preceded or followed
by service in a substantive capacity in the Department of
Correctional Services.
13. If a correctional services officer retires
or is removed from the Department of Correctional Services
in consequence of the abolition of his office, or for the purpose
of facilitating improvements in the Department of Correctional
Services, by which greater efficiency and economy can be effected,
he may be granted a pension:
Provided, however, that if he has been in
the Department of Correctional Services for less than the qualifying
period of ten years, he may be granted a pension calculated
in accordance with regulation 8 as if there had been no qualifying
period:
Provided also that the grant of such pension
shall be subject to the condition that he shall be liable to
be recalled to service in the Department of Correctional Services:
Provided further that if such a correctional
services officer is not qualified for other employment in the
Department of Correctional Services or if there is no reason,
in the opinion of the Prime Minister, to expect that he can
be shortly re-employed, a pension may be granted to him free
from the above-mentioned condition.
14. A correctional services officer whose
office is abolished may be granted an increase of his pension
at the rate of one-sixtieth part of his annual pensionable
emoluments for each complete period of three years’ pensionable
service:
Provided that -
(a) the addition shall in no case exceed ten-sixtieths;
and
(b) no addition shall be made so as to qualify an officer
for a pension of higher annual value than that for which
he would have been qualified by length of service on reaching
the age at which he may be required to retire, or for a pension
of higher annual value than the maximum prescribed in regulation
5.
15. Where a correctional services officer
has been permanently injured -
(a) in the actual discharge of his duty, and
(b) without his own default, and
(c) by some injury specifically attributable to the nature
of his duty, and his retirement is hereby necessitated or
materially accelerated, he may, if he is qualified for a
pension under regulation 8, be granted, in addition to the
pension granted to him under that regulation, an additional
pension at the rate of the proportion of his actual pensionable
emoluments at the date of his injury appropriate to his case
as shown in the following table:
When his capacity to contribute to his own support is
-
slightly injured five-sixtieths;
impaired ten-sixtieths;
materially impaired fifteen-sixtieths;
totally destroyed twenty-sixtieths:
Provided that the amount of the additional pension shall
be reduced to such an extent as the Prime Minister shall
think reasonable in the following cases:
(i) where the injured correctional services officer has
continued to serve for not less than one year after the
injury in respect of which he retires;
(ii) where the injured correctional services officer is
at the date of injury within ten years of the age at which
he may be required to retire; or
(iii) where the injury is not the sole cause of retirement,
but the retirement is caused partly by age or infirmity
not due to the injury:
Provided further that the total amount of the additional
pension shall not exceed the amount prescribed in regulation
5(2).
16. A correctional services officer so injured,
whose length of service is not such as to qualify him for a
pension under regulation 8, may nevertheless be granted a pension
at the rate of one fourhundred and fiftieth of his pensionable
emoluments for each complete month of pensionable service together
with such additional pension as might be awarded to him under
regulation 15 if he were qualified for pension.
17. (1) Where a correctional services officer
without his own default has been killed in the actual discharge
of his duty or has died from such injury specifically attributable
to the nature of his duty or has been killed while in the actual
discharge of his duty, a pension may be granted to his widow,
while unmarried, not exceeding ten-sixtieths of the husband’s
pensionable emoluments at the day of the injury; and a pension
may be granted to each child of such officer, until such child
attains the age of eighteen years, not exceeding one-sixth
of the rate awardable to the widow, so long as the aggregate
of the children’s pensions do not exceed the rate awardable
to the widow.
(2) The foregoing provision shall apply also in case the
officer, after he shall have been pensioned under regulation
15, dies from the direct and immediate effects of the injury
sustained.
(3) If the officer’s wife predeceases him, or if no
pension is granted to her under this regulation, and he leaves
children who would have been eligible for pension, if a pension
had been granted to the widow, pensions may be granted to
them of twice the amount of the pensions for which they would
have been eligible in the circumstances.
(4) If the deceased does not leave a widow or motherless
children, but leaves a mother who was wholly dependent on
him for maintenance, the award which might have been made
to the widow had there been one left, may be made to the
mother, but it shall cease, if she is a widow, in case of
remarriage.
18. (1) Pensions, computed at the rates before
mentioned, shall only be granted in case of decidedly faithful
and meritorious service.
(2) Where the fidelity and diligence of
the officer fall short of the first degree of merit, the computation
may be made at lower rates.
Director of Correctional Services
Correctional Manager
Assistant Correctional Manager
Correctional Supervisor
Senior Correctional Officer
Correctional Officer
Guard
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