Cap. 644 Art. 12Offer of permanent employment with the Agency to public officers detailed for duty with the Agency.    Cap 93. Cap. 58.    Cap. 58.    Cap. 93.

(1) The Agency may, with the approval of the Prime

Minister, offer to any officer detailed for duty with the Agency in accordance with the provisions of article 10 permanent employment with the Agency at a remuneration and on terms and conditions not less favourable than those enjoyed by such officer at the date of such offer.

(2) The terms and conditions included in any offer made shall not be deemed to be less favourable merely because they are not in all respects identical with or superior to those enjoyed by the officer concerned at the date of such offer, if such terms and conditions, taken as a whole, in the opinion of the Prime Minister offer substantially equivalent or greater benefits.

(3) Every officer who accepts permanent employment with the

Agency offered to him in accordance with the provisions of sub-article

(1) shall, for all purposes other than those of the Pensions Ordinance and of the Widows’ and Orphans’ Pensions Act, and saving the provisions of sub-article (6), be deemed to have ceased to be in service with the Government and to have entered into service with the Agency on the date of his acceptance, and for the purposes of the said Ordinance and of the said Act, so far as applicable to him, service with the Agency shall be deemed to be service with the Government within the meanings thereof respectively.

(4) Every such officer who, immediately before accepting permanent employment with the Agency, was entitled to benefit under the Widows’ and Orphans’ Pensions Act, shall continue to be so entitled to benefit thereunder for all intents as if his service with the Agency were service with the Government.

(5) The Agency shall pay to the Government such contributions, as may from time to time be determined by the Minister responsible for finance, in respect of the cost of pensions and gratuities earned by an officer who has accepted performance of employment with the Agency in accordance with this article during the period commencing on the date of such officer’s acceptance.

(6) (a) For the purposes of this article posts and salary grades with the Agency shall be classified in the closest corresponding grades and incremental levels in the service with the Government of Malta by reference to job description, skills, responsibilities and other analogous factors.

(b) The classification referred to in paragraph (a) shall be carried out by a board composed of a Chairperson appointed by the Ministry responsible for finance and two (2) other members, one (1) appointed by the Ministry centrally responsible for personnel policies in the public service and one

(1) appointed by the Agency. The classification shall be subject to the final approval of the Minister responsible for finance.

(c) Such classification shall take place within three

(3) months of any adjustment of salaries of employees in Government service and, or of employees of the Agency.

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

(e) Without prejudice to article 113 of the

Constitution, no person may, following a classification, be entitled to rights in accordance with the Pensions Ordinance less favourable than those to which he would have been entitled to prior to such classification.