Section 17:

17. Pension where officer is killed on duty (1) Where an officer dies as a result of injuries received— (a) in the actual discharge of his duty; (b) without his own default; and (c) on account of circumstances specifically attributable to the nature of his duty, while in service, the Minister may, in addition to any grant made to his legal personal representative under section 16— (i) where the deceased officer leaves a widow, grant a pension to her, while unmarried, at a rate not exceeding ten-sixtieths of his annual pensionable emoluments at the date of the injury or 200 rupees a year, whichever is the greater; (ii) where the deceased officer leaves a widow to whom a pension is granted under paragraph (i) and a child or children, grant a pension in respect of every child, until such child attains the age of 18, of an amount not exceeding one-eighth of the pension prescribed under paragraph (i); (iii) where the deceased officer leaves a child or children, but does not leave a widow, or no pension is granted to the widow, grant a pension in respect of every child, until such child attains the age of 18, of double the amount prescribed by paragraph (ii); (iv) where the deceased officer leaves a child or children and a widow to whom a pension is granted under paragraph (i), and the widow subsequently dies, grant a pension in respect of every child as from the date of the death of the widow until such child attains the age of 18, of double the amount prescribed in paragraph (ii); (v) where the deceased officer does not leave a widow, or where no pension is granted to his widow, and if his mother, or where his mother is dead, his father, was wholly or mainly dependent on him for support, grant a pension to the mother or to the father, as the case may be, who is without adequate means of support, of an amount not exceeding the pension which might have been granted to his widow; (vi) where the deceased officer does not leave a widow, mother or father, or where no pension is granted to any of them, and where he leaves no children who are eligible for a pension under this section, and his brother or sister was wholly or mainly dependent on him for support, grant a pension to the brother or unmarried sister, as the case may be, who is without adequate means of support, of an amount not exceeding the pension which might have been granted to the widow. (2) (a) A pension shall not be payable under subsection (1) in respect of more than 6 children. (b) In the case of a pension granted under subsection (1) (c) (v), where the mother is a widow at the time of the grant of the pension and subsequently [Issue 6] P6 – 14 Revised Laws of Mauritius remarries, such pension shall cease as from the date of remarriage, and if it appears to the President, at any time, that the mother is adequately provided with other means of support, such pension shall cease from such date as the President may determine. (c) A pension granted to a female child under subsection (1) shall cease upon the marriage of such child under the age of 18. (d) A pension granted to a sister under subsection (1) (c) (vi) shall cease upon her marriage or remarriage. (3) Where an officer proceeding by a route approved by the President to or from Mauritius at the commencement or termination of his service, or of a period of leave, dies as the result of damage to the vessel, aircraft or vehicle in which he is proceeding or of any act of violence directed against such vessel, aircraft or vehicle, cease upon the marriage of such child under the age of 18. (d) A pension granted to a sister under subsection (1) (c) (vi) shall cease upon her marriage or remarriage. (3) Where an officer proceeding by a route approved by the President to or from Mauritius at the commencement or termination of his service, or of a period of leave, dies as the result of damage to the vessel, aircraft or vehicle in which he is proceeding or of any act of violence directed against such vessel, aircraft or vehicle, and the President is satisfied that such damage or act is attributable to circumstances arising out of a war in which the State may be engaged, such officer shall be deemed, for the purpose of this section, to have died in the circumstances described in subsection (1). (4) (a) Where an officer dies as a result of injuries received while travelling by air in pursuance of official instructions, he shall be deemed to have died in the circumstances described in subsection (1) (a) and (c). (b) In such a case, if the circumstances specified in subsection (1) (b) are satisfied, subsection (1) (c) (i) and (ii) shall have effect as if the rates of pension prescribed therein were fifteen-sixtieths and one-sixth, respectively. (5) For the purpose of this section— “child” includes— (a) a posthumous child; (b) a stepchild or illegitimate child born before the date of the injury and wholly or mainly dependent upon the deceased officer for support; and (c) an adopted child, adopted in a manner recognised by law, before the date of the injury, and dependent upon the deceased officer for support. (5A) (a) Subsections (1), (3) and (4) shall only apply to an officer who was appointed before 1 January 2013. (b) Where an officer who is appointed on or after 1 January 2013 dies in circumstances set out in subsection (1), the amount of pension payable to his spouse and dependents under this section shall be computed in such manner as may be prescribed. (6) This section shall not apply in the case of the death of any officer selected for appointment to the service of Mauritius if his dependants as defined in the Workmen’s Compensation Act are entitled to compensation under that Act. [S. 17 amended by Act 48 of 1991; s. 15 (d) of Act 18 of 2003 w.e.f. 21 July 2003; s. 21 (i) of Act 26 of 2012 w.e.f. 22 December 2012.] P6 – 14 (1) [Issue 7] Pensions Act