Section 43: Death after retirement

43. Death after retirement (1) (a) Where a member dies within 5 years after retirement, there shall be paid out of the Fund the benefit specified in this subsection. (b) There shall be paid— (i) to his widow until her death or remarriage; [Issue 1] S51 – 16 Revised Laws of Mauritius (ii) on the death of the widow or where he leaves no widow, to his legitimate children under the age of 18 until they reach the age of 18, the pension payable to the member for the remainder of the 5 years and as from the commencement of the 6th year a pension to be determined by the Board on the advice of the actuary and being calculated on the basis of the pension which would then have been paid to the member if he were alive. (c) Where the last legitimate child under the age of 18 dies, there shall be paid to the member’s estate— (i) where the child dies within 5 years after the retirement of the member, a death gratuity equivalent to the amount of pension payable to the member for the remainder of the 5 years; (ii) where the child dies after 5 years from the retirement of the member, the monthly pension which the legitimate child would have received in respect of the month during which he died. (d) Where the member leaves no widow or any legitimate child under the age of 18, there shall be paid to his estate a death gratuity equivalent to the amount of pension payable to the member for the remainder of the 5 years. (2) Where a member dies after 5 years from retirement, there shall be paid out of the Fund— (a) (i) to his widow until her death or remarriage; (ii) on the death of the widow or where the member leaves no widow, to his legitimate children under the age of 18 until they reach the age of 18, a pension to be determined by the Board on the advice of the actuary and being calculated on basis of the pension which would have been payable or paid to the member on the date of his death; (b) where the last legitimate child under the age of 18 dies, to the member’s estate, the monthly pension which that child would have received in respect of the month during which he died; (c) where the member leaves no widow nor any legitimate child under the age of 18, to the member’s estate, the monthly pension which that child would have received in respect of the month during which he died. (3) Where an employee having contributed to the VAC Fund dies after retirement, any pension otherwise payable to him under section 33 (2) shall be paid as if such pension were a pension for the purposes of subsections (1) and (2). [S. 43 added by Act 25 of 2000; amended by s. 35 (10) (g) of Act 20 of 2001 w.e.f. 17 September 2001.] S51 – 17 [Issue 3] Sugar Industry Pension Fund Act