102Orphan benefit—death of spouse of deceased eligible employee who died after attaining maximum retiring age

#### 102 Orphan benefit—death of spouse of deceased eligible employee who died after attaining maximum retiring age (1) Where: (a) spouse’s pension is payable to the spouse of a person who ceased to be an eligible employee by reason of the death of the eligible employee on or after attaining his or her maximum retiring age; and (b) the spouse dies but is survived by a person or persons who is or are the child or children of the deceased eligible employee; then, at any time after the spouse’s death when the surviving child or 1 or more of the surviving children, is an eligible child or are eligible children, orphan pension is payable in respect of the eligible child or eligible children in accordance with subsection (2). (2) Where, by virtue of subsection (1), orphan pension is at any time payable in respect of an eligible child or eligible children of a deceased eligible employee, the annual rate of the pension payable in respect of that child or those children is such percentage of the notional standard age retirement pension of the deceased eligible employee as is applicable under section 109. (3) The reference in subsection (2) to the notional standard age retirement pension of a deceased eligible employee means the rate of the standard age retirement pension to which the deceased eligible employee would have been entitled on the day on which the spouse’s pension ceased to be payable if the eligible employee had not died, but had, on the day immediately following the date of his or her death, become entitled to standard age retirement pension in accordance with section 56.