Section 26: Disablement pension

26. Disablement pension (1) (a) Subject to subsections (2) and (3), where an employee is disabled, he shall be entitled to a disablement pension. (b) The pension under paragraph (a) shall be awarded in respect of the period the employee has been or expected to be disabled. (2) Subject to subsection (3), the disablement pension payable to an employee under subsection (1) shall be— (a) where the disablement is 100 per cent, equal to 80 per cent of the employee’s monthly earnings; (b) where the disablement is less than 100 per cent, equal to 65 per cent of the employee’s monthly earnings multiplied by the percentage of his disablement. (3) Where— (a) (i) the pension awarded under subsection (1) (a) is final; (ii) the employee has not attained retirement age on the day on which the industrial accident or prescribed disease occurs; and (iii) the disablement is less than 20 per cent; or (b) (i) the pension awarded under subsection (1) (a) is permanent; (ii) the employee has not attained retirement age on the date on which the industrial accident or prescribed disease occurs and the period between the date and his retirement age does not exceed 8 years; and (iii) the disablement is 100 per cent, the employee may, within one month of the date on which the award is notified by post to him, elect to receive in lieu of that pension a lump sum payment as determined in accordance with subsection (4). (4) The lump sum payment to be made to an employee under subsection (3) shall be the product of— (a) the number of years, not exceeding 8, for which a pension is awarded to him; (b) his annual earnings; and [S. 26 amended by s. 22 (h) of Act 18 of 2008 w.e.f. 1 July 2008.] [Issue 2] N21 – 18 Revised Laws of Mauritius