42Death of married pensioner

42 Death of married pensioner

(1) On the death of a male pensioner, a pension shall be paid to his widow as follows: (a) during her own life, 67 per cent of the pension payable to her husband at the time of his death; and (b) in respect of each of her or the pensioner’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 shall be increased by an amount equal to the difference between the first‑mentioned rate and the rate of $208 per annum. (1B) However, subregulations (1) and (1A) do not apply to an associate pension under Part IX that a deceased pensioner was receiving at the time of his or her death. (2) A widow receiving a pension under this regulation shall be entitled to receive additional amounts by way of pension each fortnight equal to 67 per cent of the additional benefits to which her deceased husband pensioner, but for his death, would have been entitled under the provisions of regulation 37. (3) In the application of subregulations (1) and (2) to the pension of the widow whose husband elected that section 29C of the Superannuation Ordinance should not apply to him, the references in paragraph (1)(a) and in subregulation (2) to 67 per cent of the pension or benefit, as the case may be, shall be read as references to 54 per cent of that pension or benefit as the case may be. (4) Where additional pension is payable to a widow under subregulation (2) by reason of regulation 37(1), the calculation of the complete financial year for the purpose of determining the amount payable shall be based: (a) if the deceased husband died after 30 June 1962 and before 1 July 1967—on the date of his retirement or on 1 July 1962, whichever was the later; and (b) if the deceased husband died after 30 June 1967 and before 1 July 1970—on the date of his retirement or on 1 July 1967, whichever was the later. (5) A pension payable in respect of a widow’s or pensioner’s children under paragraph (1)(b) shall be increased, if a pension under paragraph 47(1)(b) of the Superannuation Ordinance was being paid on 30 June 1962, by an amount of Fifty cents per fortnight. (6) On the death of a widow who was in receipt of a pension under subregulation (1), 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. (6A) Notwithstanding the provisions of subregulation (6), 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—¼ 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. (6B) In subregulation (6A), 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) that would have been payable to the widow on that day if she had not died but had been in receipt of pension, other than pension payable to her in respect of a child or student child. (7) A pension payable under subregulation (6) shall be increased, if the pension payable under subsection 47(6) 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 (6), 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 pensioner on that day if he had not died.