Section 42: Plurality of benefits

42. Plurality of benefits (1) Where a widow or widower who is entitled to receive either— (a) a widow’s or widower’s contributory pension; or (b) a survivor’s pension, becomes entitled to a contributory retirement pension, she or he shall be entitled to receive both the contributory retirement pension and the pension specified in paragraph (a) or (b). (2) Where a widower who is entitled to a survivor’s pension becomes entitled to a retirement pension, he shall be entitled to receive either— (a) the retirement pension payable to him by virtue of contributions he has paid as an insured person; (b) a retirement pension equal to the amount of the retirement pension payable to his deceased spouse at the time of her death or which would have been payable to her, had she reached retirement age immediately before her death; or (c) the survivor’s pension, whichever is the higher. [S. 42 amended by s. 22 (j) of Act 18 of 2008 w.e.f. 1 July 2008; s. 37 (h) of Act 18 of 2016 w.e.f. 1 July 2016.] [Issue 9] N21 – 26 Revised Laws of Mauritius