s.37Pensions to beneficiaries where a participant is killed while on duty
37
Section 37Part 5 — Pension Benefits

Pensions to beneficiaries where a participant is killed while on duty

←→ Navigate  ·  Click subsection badges to collapse  ·  Press ? for help

Where a participant dies while serving as a member or as Speaker as a result of injuries received —
whilst in the actual discharge of his duties; and
without his own default,
there shall be paid to the participant's beneficiaries an additional pension.
Where the deceased participant dies leaving a spouse, a monthly pension shall be paid to the surviving spouse, at a rate not exceeding fifteen-sixtieths of such participant's final pensionable earnings on the date of injury.
Where the deceased participant dies leaving a surviving spouse to whom a pension is provided pursuant to subsection (2) and six children or less, a monthly pension shall be paid to each such child, until the date specified in section 23 for cessation of children's pensions, at a rate not exceeding one-sixth of the pension, prior to commutation, provided to the surviving spouse under subsection (2).
Where the deceased participant dies leaving six children or less, but does not leave a surviving spouse, a monthly pension shall be paid to each child, until the date specified in section 23 for cessation of children's pensions, at a rate of twice the amount specified in subsection (3).
Where the deceased participant dies leaving six children or less and a surviving spouse to whom a pension is provided pursuant to subsection (2) and the surviving spouse subsequently dies, the monthly pension in respect of each child shall be increased at the date of death of the surviving spouse to twice the amount specified in subsection (3).
Where the deceased participant dies leaving more than six children, the aggregate amount of pension payments that would be payable to six children pursuant to subsection (3), (4) or (5), as the case may be, shall be divided equally among all such children during the period in which there are more than six children who are entitled to receive a pension under this section.
Where the deceased participant dies without leaving a spouse and without leaving any children, and if the deceased participant's mother or father or both parents were wholly or mainly dependent on him for financial support and have no other means of financial support, as determined by the Administrator, a monthly pension shall be paid to the mother or father or both, while they are without adequate means of support at a rate not exceeding one-sixth of the deceased participant's final pensionable earnings as at the date of injury.
A pension provided under subsection (7) shall cease on the written instructions of the Administrator if it appears to the Administrator that the mother or father or both parents are receiving adequate financial support by other means.
An active participant who dies as a result of injuries received while travelling in pursuance of official instruction shall be deemed to have died in the circumstances detailed in subsection (1).
This section shall not apply in the case of the death of an active participant if his beneficiaries, as defined in the Workmen's Compensation Law (1996 Revision), are entitled to compensation under that law if no pension is paid under this section.

Cross References