104Orphan benefit—death of spouse of deceased eligible employee who died before attaining maximum retiring age where benefit reduced on medical grounds and period of contributory service not less than 8 years

#### 104 Orphan benefit—death of spouse of deceased eligible employee who died before attaining maximum retiring age where benefit reduced on medical grounds and period of contributory service not less than 8 years (1) Where: (a) spouse’s pension is payable in accordance with section 85 or 86 to the spouse of a person who ceased to be an eligible employee by reason of the death of the eligible employee before 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 benefit is payable at any time in respect of an eligible child or eligible children of a deceased eligible employee, the annual rate of pension payable in respect of that child or those children is such percentage of the notional invalidity pension of the deceased eligible employee as is applicable under section 109. (3) The reference in subsection (2) to the notional invalidity pension of a deceased eligible employee means: (a) subject to paragraph (b) of this subsection, the rate of the invalidity pension to which the eligible employee would have been entitled under section 70 on the day on which spouse’s pension ceased to be payable to the spouse if he or she had not died, but had, on the day immediately following the date of his or her death, become entitled to invalidity pension in accordance with that section; or (b) if the spouse had made an election under section 86—the rate of the invalidity pension to which he or she would have been entitled under section 71 on the day on which spouse’s pension ceased to be payable to the spouse if he or she had not died, but had, on the day immediately following the date of his or her death, become entitled to invalidity benefit and made an election under section 71.