105Orphan benefit—death of age or early retirement pensioner

#### 105 Orphan benefit—death of age or early retirement pensioner (1) Where: (a) a pensioner to whom age retirement pension or early retirement pension is payable dies; and (b) he or she is not survived by a spouse but is survived by a person or persons who is or are his or her child or children; then, subject to section 108A, at any time after his or her 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) of this section, orphan pension is payable at any time in respect of an eligible child or eligible children of a deceased pensioner, the annual rate of the pension payable in respect of the child or children is such percentage of the notional standard pension of the deceased pensioner as is applicable under section 109. (3) A reference in subsection (2) to the notional standard pension of a deceased pensioner means the annual rate at which standard age retirement pension or standard early retirement pension, as the case may be, was payable to the deceased pensioner immediately before his or her death.