Section 22: Widow’s or Widower’s contributory pension

22. Widow’s or Widower’s contributory pension (1) Notwithstanding section 20 (2) (aa) and subject to this section, where an insured person or a person in receipt of a contributory retirement pension, an invalid’s contributory pension or a disablement pension dies, has disappeared in the circumstances specified in Articles 133 to 135 of the Code Civil Mauricien or in circumstances which may give rise to a declaration of absence under Article 122 of the Code Civil Mauricien and leaves a widow or widower, the widow or widower shall be entitled to a widow’s or widower’s contributory pension, as the case may be. (2) The contributory pension payable to a widow or widower under retirement age shall— (a) for the first 12 months of being entitled to a widow’s or widower’s contributory pension or where the widow or widower has a dependent child, be the amount calculated in accordance with the Third Schedule; (b) in any other case, be two thirds of the amount calculated in accordance with the Third Schedule. (2A) Where the spouse of the widow or widower, as the case may be, has disappeared in the circumstances specified in Articles 133 to 135 of the Code Civil Mauricien or in circumstances which may give rise to a declaration of absence under Article 122 of the Code Civil Mauricien, the widow or widower shall become entitled to the pension after the expiry of a period of 3 months from the date on which the matter was reported to the Police. (3) Notwithstanding section 20 (2) but subject to section 23A (2A), the contributory pension payable to a widow or widower who has reached retirement age at the date of being entitled or on subsequently reaching retirement age thereafter shall be— (a) in the case of a widow— (A) where the husband has reached retirement age at the date when her entitlement to a widow’s contributory pension arises, the amount of the contributory retirement pension in accordance with the Third Schedule, payable to him or which would have been payable to him had he retired before the date when her entitlement to a widow’s contributory pension arises; (B) where the husband has not reached retirement age at the date when her entitlement to a widow’s contributory pension arises, the amount of the contributory retirement pension which would have been payable to him in accordance with the Third Schedule, as if he had been entitled to the pension at the date when her entitlement to a widow’s N21 – 16 (1) [Issue 9] National Pensions Act contributory pension arises, such amount being not less than the amount payable under subsection (2) (a) or (2) (b); or (b) in the case of a widower— (A) where the wife has reached retirement age at the date when his entitlement to a widower’s contributory pension arises, the amount of the contributory retirement pension in accordance with the Third Schedule, payable to her or which would have been payable to her had she retired before the date when his entitlement to a widower’s contributory pension arises; (B) where the wife has not reached retirement age at the date when his entitlement to a widower’s contributory pension arises, the amount of the contributory retirement pension which would have been payable to her in accordance with the Third Schedule, as if she had been entitled to the pension at the date when his entitlement to a widower’s contributory pension arises, such amount being not less than the amount payable under subsection (2) (a) or (b). (4) Subject to subsection (5) and section 41, a wi re the wife has not reached retirement age at the date when his entitlement to a widower’s contributory pension arises, the amount of the contributory retirement pension which would have been payable to her in accordance with the Third Schedule, as if she had been entitled to the pension at the date when his entitlement to a widower’s contributory pension arises, such amount being not less than the amount payable under subsection (2) (a) or (b). (4) Subject to subsection (5) and section 41, a widow’s or widower’s contributory pension shall be paid until the death of the widow or widower, as the case may be. (5) Subject to this section and to section 35 (2), a widow whose husband, or a widower whose wife, has disappeared in the circumstances specified in Articles 133 to 135 of the Code Civil Mauricien or in circumstances which may give rise to a declaration of absence under Article 122 of the Code Civil Mauricien, shall be entitled to receive the contributory pension as long as the spouse remains untraceable. [S. 22 amended by s. 35 (8) (d) of Act 20 of 2001 w.e.f. 1 August 2001; s. 22 (e) of Act 18 of 2008 w.e.f. 1 July 2008; s. 12 (f) of Act 37 of 2011 w.e.f. 15 December 2011; 17 (c) of Act 26 of 2012 w.e.f. 22 December 2012; s. 37 (d) of Act 18 of 2016 w.e.f. 1 July 2016.]