111WPayment of pension after remarriage

111W Payment of pension after remarriage

(1) The provisions of the Superannuation Ordinance relating to the payment of pension to a widow apply to a widow who remarries on or after 1 July 1979 as if subsection 57(3) of that Ordinance were omitted. (2) Where: (a) a widow’s entitlement to pension by virtue of paragraph 46(1)(a) or 47(1)(a) of the Superannuation Ordinance ceased before 1 July 1979 upon her remarriage; (b) the widow applies to the Commissioner for restoration of the pension; and (c) the widow is in necessitous circumstances or, having regard to the widow’s general financial circumstances, the restoration of her pension is otherwise warranted; the Commissioner may, by instrument in writing, direct that the widow’s entitlement to pension be restored, with effect from such date, and at such rate, as the Commissioner determines. (3) The date determined by the Commissioner: (a) shall not, unless special circumstances exist that justify an earlier date, be a date earlier than the date of the direction; and (b) shall not in any case be a date earlier than 1 July 1979. (4) The rate determined by the Commissioner shall not exceed the rate at which pension would have been payable to the widow if the entitlement had not ceased.