Section 42: Death before retirement
consolidated text (as at 2016, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
42. Death before retirement
(1) Where a member dies before retiring from service, there shall be paid
out of the Fund the benefits specified in the other provisions of this section.
(2) (a) Where the member has reached normal pension age at the date of
his death, the pension for which he had qualified at the date of his death
shall be paid—
(i) to his widow until her death or remarriage;
(ii) on the death of the widow or where there is no widow, to his
legitimate children under the age of 18 until they reach the age
of 18.
(b) Any pension payable under paragraph (a) shall, after a period of
5 years, be reduced by the Board on the advice of the actuary.
(c) Where there is no widow and no legitimate child under the age of
18, his legitimate children, if any, shall be entitled to a death gratuity representing 120 times the monthly pension for which he had qualified at the date
of his death.
(d) Where there is no widow and no legitimate child, a death gratuity
representing 60 times the monthly pension for which he has qualified at the
date of his death shall be payable to his estate.
(3) (a) Where the member has not reached normal pension age at the
date of his death, a death gratuity calculated in accordance with subsection (2) (c) shall be paid in equal shares to—
(i) his widow and legitimate children; or
(ii) his legitimate children in the absence of a widow.
(b) Where there is no widow and no legitimate child, a death gratuity
calculated in accordance with subsection (2) (d) shall be paid to his estate.
(4) Where an employee having contributed to the VAC Fund dies before
retiring from the service, any amount standing to the credit of his personal
VAC account as at the date of his death shall be paid in accordance with
subsection (3).
(5) Where a specified worker in respect of whom his employer has contributed to the Specified Workers Gratuity Fund dies before retiring from the
employment, an additional gratuity shall be determined by the Board on the
advice of the actuary and shall be paid out of the account of the employer in
that Fund in accordance with subsection (3).
[S. 42 inserted by Act 25 of 2000; amended by s. 28 (i) of Act 20 of 2002 w.e.f.
10 August 2002.]