Section 28: Survivor’s pension

28. Survivor’s pension (1) Subject to subsections (2) and (3) and to section 41— (a) where an industrial injury results in the death of an employee and the employee leaves a surviving spouse; or (b) where an employee has disappeared during the course of his employment 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 and leaves a spouse, the spouse shall be entitled to a survivor’s pension. (2) Subject to subsection (3), the survivor’s pension payable shall be of an amount equal to half of the monthly earnings of the deceased employee. (3) (a) Survivor’s pension shall be payable to a widower or male spouse or male partner of a person who has disappeared 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 unless he is wholly or substantially disabled and is likely to be so disabled either permanently, or for at least 12 months. (b) Where a person has disappeared 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, the spouse shall become eligible to the survivor’s pension after the expiry of 3 months from the date on which the case of disappearance or missing person, as the case may be, was reported to the Police. [S. 28 amended by s. 17 (e) of Act 26 of 2012 w.e.f. 22 December 2012; s. 17 (e) of Act 26 of 2012 w.e.f. 22 December 2012.] N21 – 19 [Issue 5] National Pensions Act