Section 23: Orphan’s contributory pension

23. Orphan’s contributory pension (1) Where an insured person leaves one or more orphans, each of the orphans shall, subject to section 23A (2A), be entitled to an orphan’s contributory pension as long as— (a) he is under the age of 15 or, where he is receiving full-time education, under the age of 20; and (b) he is not married. (2) (a) Notwithstanding section 20 (2) but subject to section 23A (2A) and paragraph (b), the orphan’s contributory pension payable under subsection (1) shall be of an amount equal to 15 per cent of— [Issue 9] N21 – 16 (2) Revised Laws of Mauritius (i) the contributory retirement pension payable in accordance with the Third Schedule to the insured person referred to in subsection (1) at the time when the entitlement to an orphan’s contributory pension arises; (ii) the contributory retirement pension which would have been payable to him in accordance with the Third Schedule, had he elected to receive that pension; (iii) – (iv) — (v) where no contributory retirement pension was payable under subparagraph (i), the contributory retirement pension to which that insured person would have been entitled, had he reached retirement age at the time when the entitlement to an orphan’s contributory pension arises. (b) Where both parents of a child in respect of whom an orphan’s contributory pension is payable under subsection (1) were, at the time of their deaths or disappearance in the circumstances set out 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, insured persons, the pension shall be the higher of the pensions calculated under paragraph (a) in respect of either of the parents. (c) An orphan’s contributory pension shall be— (i) paid to the guardian of the orphan or such other person as the National Pensions Officer may determine; and (ii) devoted by the person receiving it for the exclusive benefit of the orphan. [S. 23 amended by s. 35 (8) (e) of Act 20 of 2001 w.e.f. 1 August 2001; s. 22 (f) of Act 18 of 2008 w.e.f. 1 July 2008; s. 12 (g) of Act 37 of 2011 w.e.f. 15 December 2011; s. 17 (d) of Act 26 of 2012 w.e.f. 22 December 2012.]