Section 41: Remarriage of surviving spouse

41. Remarriage of surviving spouse (1) Where a person who is in receipt of a widow’s or widower’s contributory pension or survivor’s pension remarries, that person shall cease to be qualified to receive the pension. N21 – 25 [Issue 9] National Pensions Act (2) Where a widow or widower who has not reached retirement age ceases to be qualified to receive a pension under subsection (1) on being married, the widow or widower shall be entitled to receive a lump sum payment equal to 12 times the pension. (3) Subject to subsection (4), where— (a) a widow or widower has ceased to be qualified to receive a pension under subsection (1) on being remarried; and (b) (i) the marriage is dissolved; or (ii) she or he is judicially separated, she or he shall be entitled to receive the widow’s or widower’s contributory pension or survivor’s pension, as the case may be, which was payable to her or him immediately before her or his remarriage. (4) Where a widow or widower who is entitled to a pension under subsection (3) is also entitled— (a) in the case of the widow, on her divorce or judicial separation from her second husband; or (b) in the case of the widower, on his divorce or judicial separation from his second wife, to alimony, the amount of the pension shall be reduced by the amount of the alimony. [S. 41 amended by s. 22 (i) of Act 18 of 2008 w.e.f. 1 July 2008; s. 37 (g) of Act 18 of 2016 w.e.f. 1 July 2016.]