Provisions relating to Maltese pensions in respect of Retirement and Widowhood
- 1
- Pensions in respect of Retirement and pensions in respect of Widowhood shall be determined in conformity with the provisions of the Social Security Act (Cap 318) exclusively on the basis of:
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- a)the contributions paid or credited in Malta, and
- b)the pensionable income as defined in the Act; so however that such pensionable income shall be calculated solely on the basic wage/salary or net income, as the case may be under the Act, which
- (i)had been earned or received in Malta during the last 10 calendar years immediately preceding his or her retirement or invalidity, as the case may be, or
- (ii)if during the last 10 calendar years immediately preceding his or her retirement or invalidity he or she was a resident of the Netherlands or of a third State with which both Contracting Parties have an Agreement on social security, or was residing in Malta but exempt from the payment of contributions under the legislation of Malta, had been earned or received in Malta during the last 10 calendar years immediately preceding his or her last day of employment/self-employment in Malta.
- 2
- For purposes of paragraph 1, in determining entitlement to a benefit under the legislation of Malta other than a pension in respect of invalidity, a calendar year which is an insurance period under the Netherlands' insurance after the 7th May 1956, shall be considered as 52 weeks of contributions under the legislation of Malta.th May 1956, shall be considered as 52 weeks of contributions under the legislation of Malta.
- 3
- No totalization of insurance periods shall be made under this Article unless:
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- a)in the case of a Two-Thirds Pension (Retirement) payable under the legislation of Malta, the person concerned has paid at least 156 contributions, after 22 January 1979;
- b)in the case of a Survivors' Pension (Widowhood) payable under the legislation of Malta, the deceased spouse of the beneficiary concerned would have paid at least 156 contributions, after 22 January 1979;
- c)in the case of any other pension in respect of retirement or widowhood payable under the legislation of Malta, the person concerned or the spouse (as is the case with a pension in respect of widowhood) has paid at least 52 contributions.
