52Orphan children

52 Orphan children

52.1 Subject to this Part, if a widow or widower who is in receipt of a pension in respect of a child under subsection 49.5, 50.9 or 51.2 dies, the child is entitled to be paid a pension at the rate of $520 per annum, or at a rate of such amount as is determined in accordance with subsection 52.3, whichever rate is the higher, until he or she attains the age of 16 years, or, if the child is attending a school, college or university as a full-time student, 21 years.

52.2 Subject to this Part, if:

 (a) a former member dies while in receipt of, or entitled to a pension referred to in paragraph 49.1(a) or subsection 50.1; and

 (b) at the date of the death of the former member, the husband or wife of the member is dead, but, if he or she had survived the former member, would have been, or would have been taken to have been, the designated beneficiary of the former member; and

 (c) the former member leaves a child,

the child is entitled to be paid a pension at the rate of $520 per annum, or at a rate of such amount per annum as is determined in accordance with subsection 52.3, whichever rate is the higher, until he or she attains the age of 16 years, or, if the child is attending a school, college or university as a full-time student, 21 years.

52.3 The amount to be determined for the purposes of subsections 52.1 and 52.2 is the sum of $208 and an amount ascertained by dividing by 4 (or if the number of children of the former member and of the former member’s husband or wife in respect of whom pension is payable under this section is greater than 4, by the number of those children) the amount of the annual rate of the pension that, but for his or her death or divorce, would, by virtue of subsection 49.3 or 49.4, subsection 50.7 or 50.8 or subsection 51.1, as the case may be, have been payable to the former member’s husband or wife.

52.4 A pension under this section is payable, on behalf of the child, to a person approved by the Council.