Section 14: Benefits

14. Benefits (1) On the death of an associate, whilst still in service or on retirement, who leaves a surviving spouse or eligible children or both, the Board shall— (a) where the associate leaves a surviving spouse, grant to the surviving spouse a pension to be known as a surviving spouse’s pension; (b) where the associate leaves children and whether or not a surviving spouse’s pension is granted, grant for the benefit of the children a pension, to be known as an orphan’s pension; (c) cause both the surviving spouse’s and orphan’s pensions to be calculated in accordance with the regulations made by the Minister under section 21; (d) subject to the approval of the Minister, pay— (i) such additional allowances as the Board thinks fit to compensate for an increase in the cost of living; (ii) such other gratuities as the Board may determine. [Issue 2] S40 – 8 Revised Laws of Mauritius (2) On the death of an associate who leaves no surviving spouse or eligible children, there shall be effected from the Fund, to his heirs or any other persons entitled to his estate and succession, a refund of the contributions paid by that associate into the Fund. (3) On the withdrawal of an associate, there shall be effected from the Fund, to that associate, a refund of the contributions paid by him into the Fund up to the day of his withdrawal. (4) — (5) (a) On an associate attaining the age of 60, or the appropriate new retirement date specified in the second column of the Schedule corresponding to the appropriate month and year of birth specified in the first column of that Schedule, he shall, subject to paragraph (c),not be entitled to a refund of his contributions, but there shall, on his death, be paid to his beneficiaries a pension based on his contributions up to the date of his ceasing to be an associate on attaining the age of 60, or of his retirement, as the case may be. (b) Where there is no beneficiary under paragraph (a), there shall, subject to paragraph (c), be effected to the legal personal representatives of the former associate, a refund of the contributions paid into the Fund while he was an associate. (c) On a person who is an associate attaining the age of 60, or the appropriate new retirement date specified in the second column of the Schedule corresponding to the appropriate month and year of birth specified in the first column of that Schedule, or at any time thereafter, on his retirement before 60, there shall be effected by the Board to that person a refund of the contribution paid by him into the Fund where he is— (i) a bachelor; or (ii) a surviving spouse or divorcee with no eligible children at the time he ceases to be in service or at any time thereafter. (d) In the event of a merger becoming effective between a member statutory body or a section thereof and a Governmental institution, an outgoing associate— (i) where he is under 55, shall obtain a refund of the contribution paid by him into the Fund whilst in service; (ii) where he is aged 55 or above, shall be allowed to retain his benefits under the Act. (e) Where contributions are refunded under subsection (2), (3) or (5) (b), (c) or (d), there shall be paid, in addition, an amount representing compound interest at the rate of 4 per cent per annum computed annually on 31 December on the aggregate contribution. [S. 14 amended by Act 23 of 1988; Act 29 of 1993; s. 6 of Act 28 of 2001 w.e.f. 1 January 1999 and 1 July 2001; s. 34 (d) of Act 18 of 2008 w.e.f. 1 July 2008.] S40 aged 55 or above, shall be allowed to retain his benefits under the Act. (e) Where contributions are refunded under subsection (2), (3) or (5) (b), (c) or (d), there shall be paid, in addition, an amount representing compound interest at the rate of 4 per cent per annum computed annually on 31 December on the aggregate contribution. [S. 14 amended by Act 23 of 1988; Act 29 of 1993; s. 6 of Act 28 of 2001 w.e.f. 1 January 1999 and 1 July 2001; s. 34 (d) of Act 18 of 2008 w.e.f. 1 July 2008.] S40 – 9 [Issue 2] Statutory Bodies Family Protection Fund Act