Section 37: Resignation before 60

37. Resignation before 60 (1) Where a member resigns or is dismissed for any reason before reaching normal pension age, he shall be entitled to the benefits specified in this section. S51 – 13 [Issue 1] Sugar Industry Pension Fund Act (2) Where a member has not reached the age of 40, he shall be entitled to a deferred pension. (3) The deferred pension under subsection (2) shall be— (a) equivalent to the amount of pension for which he has qualified at the end of the last month he has contributed to the Fund and of the pension payable under section 33 (2); and (b) payable as from the date the member reaches normal pension age. (4) Where a member has reached the age of 40 but is under the age of 50, he shall be entitled to a deferred pension under subsection (3) or to a reduced deferred pension payable as from the date the member reaches the age of 50. (5) The reduced deferred pension payable under subsection (4) (b) shall be determined by the Board on the advice of the actuary. (6) Where a member has reached the age of 50, he shall be entitled to a deferred pension under subsection (3) or to a reduced immediate pension. (7) The reduced immediate pension payable under subsection (6) (b) shall be determined by the Board on the advice of the actuary. (8) Notwithstanding section 4 (3) (e), where a member who has resigned or has been dismissed— (a) has not yet reached normal pension age; and (b) is re-employed by the month, he may contribute to the Fund, whether he is receiving or has not yet received the pension to which he is entitled. (9) The pension for which a member to whom subsection (8) applies shall have qualified during the period of his re-employment shall be added to the pension he is receiving, or has not yet received, as the case may be, and shall be payable when he has reached normal pension age and has retired from service. (10) Where a member has the option between— (a) a deferred pension payable at the age of 60 and a reduced deferred pension payable at the age of 50; and (b) a deferred pension payable at the age of 60 and a reduced immediate pension, the Board shall notify the member, within 4 weeks of the time he ceases to be a contributing member, of his right to exercise his option and such option must be exercised within 3 months of his ceasing to be a contributing member. (11) Where a member has not exercised his option under subsection (10) the Board may consider that the member has opted for a deferred pension payable at the age of 60. [Issue 1] S51 – 14 Revised Laws of Mauritius (12) Where the member dies before receiving a pension, the amount to be paid shall be in accordance with section 42. (13) Where a member is dismissed for dishonesty in his employment proved in a Court of law, the deferred pension under subsection (3), the reduced deferred pension under subsection (4) (b) and the reduced immediate pension under subsection (6) (b) shall, subject to subsection (14), be reduced by 10 per cent. (14) Subsection (13) shall not apply to the benefits accruing to the member in the VAC Fund. [S. 37 amended by Act 25 of 2000; s. 35 (10) (f) of Act 20 of 2001 w.e.f. 1 August 2001.]