44Entitlement of partner to pension or gratuity

44 Entitlement of partner to pension or gratuity

S. 44(1) amended by No. 40/2010 s. 28(2)(3).

(1) Where a member of the force dies—

(a) whilst serving in the force;

(b) whilst entitled to a pension under this Division; or

(c) in consequence of any disease or injury on account of which he retired from the force—

his partner shall, unless she is entitled under subsection (2) to a partner's special pension, be entitled, subject to this Division, to a partner's ordinary pension.

S. 44(2) amended by No. 40/2010 s. 28(2)(3).

(2) Where a member or retired member of the force dies from the effect of an injury received in the execution of his duty without his own default, his partner shall, if the injury was non-accidental, be entitled, subject to this Division, to a partner's special pension.

S. 44(3) amended by Nos 120/1994
s. 6(1)(f)(i)(ii), 40/2010 s. 28(2).

(3) A partner who is entitled to a pension under this Division may apply to the ESS Board for a gratuity in lieu of the whole or any part thereof; and the ESS Board may if it thinks fit grant to any partner who is entitled to such a pension a gratuity in lieu of the whole or any part thereof.

S. 44(4) inserted by No. 120/1994
s. 8(1), amended by No. 40/2010 s. 28(2).

(4) No benefit is payable under this Division to a partner who became the partner of a retired member of the force only after he or she had finally ceased to be a member of the force and within 2 years of the death of the retired member of the force.

S. 44(5) inserted by No. 120/1994
s. 8(1), repealed by No. 40/2010 s. 29.

S. 44(6) inserted by No. 120/1994
s. 8(1).

(6) A person is not entitled to receive under this Division at the same time more than one pension but is entitled to whichever of those pensions is the greater.

S. 44(7) inserted by No. 120/1994
s. 8(1), amended by No. 40/2010 s. 28(2).

(7) Despite anything in this Division, only one partner pension is payable in the case of the death of any one member of the force or retired member of the force, and if after the ESS Board has made reasonable enquiries more than one person should appear to the ESS Board to qualify for a partner pension then—

S. 44(7)(a) amended by No. 40/2010 s. 28(2).

(a) if the member of the force or retired member of the force has by request in writing to the ESS Board directed that the partner pension be paid wholly to one of the persons qualified to receive it or that each be paid part, the ESS Board must give effect to the expressed intentions;