SURVIVORS PENSION AND GRATUITY
1/ Pension shall be paid to the survivors of a public servant who dies:
a)while receiving retirement or invalidity or incapacity pension;
b)while in service upon completing at least 10 years of service; or
c) due to employment injury.
2/If a public servant who has not completed 10 years of service dies while in service, his survivors falling under sub-article (3)(a) and
(b) of this Article shall receive gratuity.
3/The following shall be considered as survivors:
a) a widow or widower;
b)children of the deceased who are under the of age of 18 years or in the case of incapacitated child or a child with mental health problem, under the age of 21 years;
c)parents who were wholly or mainly supported by the deceased preceding his death.
41. Widow’s or Widower’s Pension
1/ The amount of pension payable to a widow or widower shall be 50% of the pension to which the deceased was or would have been entitled.
2/ Widow’s or widower’s pension shall be discontinued from the beginning of the month following remarriage where:
a)the age of the widow is less than 45 years; or
b)the age of the widower is less than 50 years.
3/A widow or widower shall return the pension received in violation of sub-article (2) of this Article.
4/The provisions of sub-article (2) and (3) of this Article shall not be applicable to disabled widow or widower.
5/Where a widow or widower is entitled to more than one pensions in accordance with the provisions of this Article, the one that is higher shall be paid.
42. Surviving Child’s Pension
1/The amount of pension payable to the surviving child shall be 20% of the pension to which the deceased was or would have been entitled.
2/If both parents are dead, the amount of pension payable to the surviving child in accordance with sub-article (1) of this Article shall be 30%.
3/If both parents of a child are dead, he shall receive 20% of the pension to which each of the deceased parent was or would have been entitled; provided, however, that the sum of such pensions shall not be less than the amount payable in accordance with sub-article (2) of this Article.
43. Parent’s Pension
The amount of pension payable to each parent shall be 15% of the pension to which the deceased was or would have been entitled. If there are no survivors other than the parents, the pension shall be 20%.
44. Survivors’ Gratuity
The amount of gratuity payable to any survivor shall be the amount of gratuity to which the deceased would have been entitled and shall be calculated in accordance with the percentage specified in Article 41(1) or Article 42 of this Proclamation, as the case may be.
45. Limits of Survivors’ Benefits
1/The total amount of benefits payable to survivors in accordance with Article 41 to Article 44 of this Proclamation shall not exceed 100% (hundred percent) of the benefit to which the deceased was or would have been entitled. In the case of excess sum, each survivor’s share shall be proportionately reduced until the total comes down to 100%.
2/ If the number of survivors is reduced subsequent to the adjustment made under sub-article (1) of this Article, further adjustment of the amount of benefits shall be made accordingly.