41Death of married contributor

41 Death of married contributor

(1) On the death of a married contributor before retirement or resignation, pension shall be paid to his widow as follows: (a) during her own life 67 per cent of the pension for which her husband was contributing, or had completed contributions for, at the time of his death; and (b) in respect of each of her or the contributor’s children who is under the age of 16 years or is a student child (other than a child or student child of her re‑marriage): (i) where there are less than 3 such children or student children—a pension at the rate per annum equal to 11 per cent of the prescribed pension; and (ii) in any other case—a pension at a rate per annum equal to the amount ascertained by dividing 33 per cent of the prescribed pension by the number of children and student children. (1A) Notwithstanding the provisions of paragraph (1)(b), where the annual rate of pension payable on a day under that paragraph in respect of a child or student child is less than $208, the annual rate of pension so payable on that day in respect of that child or student child is increased by an amount equal to the difference between the first‑mentioned rate and the rate of $208 per annum. (2) On the death of a widow who was in receipt of a pension under this regulation, pension is payable in respect of each child or student child referred to in paragraph (1)(b) as follows: (a) where there is 1 such child or student child—at an annual rate equal to 45 per cent of the prescribed pension; (b) where there are 2 such children or student children—at an annual rate equal to 40 per cent of the prescribed pension; (c) where there are 3 such children or student children—at an annual rate equal to 30 per cent of the prescribed pension; and (d) where there are 4 or more such children or student children—at an annual rate ascertained by dividing the prescribed pension by the number of children and student children. (2A) Notwithstanding the provisions of subregulation (2), the annual rate of pension payable under a paragraph of that subregulation shall not in any case be less than whichever is the greater of: (a) $520; or (b) the sum of $208 and: (i) where there are not more than 4 children or student children—¾ of the relevant pension; and (ii) in any other case—the amount of the relevant pension divided by the number of children and student children. (2B) In subregulation (2A), relevant pension, in relation to a rate of pension payable on a day in respect of a child or student child, means the annual rate of pension (including any amount payable in respect of non‑contributory units) to which the widow would, but for her death, have been entitled on that day, other than pension payable to her in respect of a child or student child. (3) A widow receiving a pension under this regulation shall be entitled to receive an additional amount by way of pension equal to 67 per cent of the additional benefit to which her deceased husband contributor would have been entitled under the provisions of regulation 37 if he had been a pensioner to whom those provisions applied. (4) Where a widow became entitled to a pension after 30 June 1967 but before 1 July 1973 she is entitled to receive an additional pension or a further additional pension, as the case requires, equal to 67 per cent of the additional benefits to which her deceased husband would have been entitled under subregulation 37(1). (5) In the application of subregulations (1) and (3) to the pension or additional benefit of a widow whose husband elected that section 29C of the Superannuation Ordinance should not apply to him, the reference in paragraph (1)(a) to 67 per cent of the pension and the references in subregulations (3) and (4) to 67 per cent of the additional benefits shall be read as references to 54 per cent of the pension and 54 per cent of the additional benefits respectively. (6) A pension payable in respect of a widow’s or contributor’s children under paragraph (1)(b) shall be increased, if a pension under paragraph 46(1)(b) of the Superannuation Ordinance was being paid on 30 June 1962, by an amount of Fifty cents per fortnight. (7) A pension payable under subregulation (2) shall be increased, if the pension payable under subsection 46(2) of the Superannuation Ordinance was being paid on 30 June 1962, by an amount of One dollar fifty cents per fortnight. (8) In subregulations (1) and (2), prescribed pension, in relation to a rate of pension payable on a day in respect of a child or student child, means the annual rate of pension (including any amount payable in respect of non‑contributory units) that would have been payable to the contributor on that day if he had not died but had been in receipt of a pension payable under regulation 34.