PENSIONS AND SOCIAL SECURITY ACT - 1975 (SMCD 8)

    Section - 10 - Section 17 of Pensions Ordinance Replaced.

    For section 17 of the Pensions Ordinance (Cap. 30) there is hereby substituted the following new section:-

    17. "Pensions to Dependants when an Officer dies in the Service.

    (1) Where an officer dies while in the public service, the Supreme Military Council may grant, in addition to the grant, if any, made under section 16-

    (i) if the deceased officer leaves a spouse, a pension to the spouse, while unmarried, at a rate not exceeding one-fourth of the annual pensionable emoluments of the deceased at the date of his death;

    (ii) if the deceased officer leaves a spouse to whom a pension is granted under the preceding paragraph and a child or children, a pension in respect of each child, until such child attains the age of twenty-one years, of an amount not exceeding one-fourth of the pension prescribed under the preceding paragraph;

    (iii) if the deceased officer leaves a child or children, but does not leave a spouse or no pension is granted to the spouse, a pension in respect of each child, until such child attains the age of twenty-one years, of double the amount prescribed by the preceding paragraph;

    (iv) if the deceased officer leaves a child or children and a spouse to whom a pension is granted under paragraph (i) and the spouse subsequently dies, a pension in respect of each child as from the date of the death of the spouse until such child attains the age of twenty- one years, of double the amount prescribed in paragraph (ii);

    (v) if the deceased officer does not leave a spouse, or if no pension granted to his spouse, and if his parent was wholly or mainly dependent on him for support, a pension to the parent, while without adequate means of support, of an amount not exceeding the pension which might have been granted to the spouse of the deceased:

    Provided that-

    (a) pensions shall not be payable under this subsection at any time in respect of more than six children;

    (b) a pension granted to a parent under paragraph (v) shall cease as from the date of re-marriage of that parent; and if it appears to the Supreme Military Council at any time that the parent is adequately provided with other means of support, such pension shall cease as from such date as the Supreme Military Council may determine;

    (c) a pension granted to a child under this section shall cease upon the marriage of such child under the age of twenty-one years;

    (d) where a deceased officer leaves more than one widow or children born of more than one marriage, or any persons wholly or in part dependent upon him for their support, or it is for any other reason impracticable to grant a pension or pensions in the manner prescribed in any of the preceding provisions of this subsection, the Supreme Military Council may grant a pension or pensions, not exceeding in the aggregate the total value of the pensions which might be granted at any one time under the said provisions, to such widows, children or dependants:

    Provided that the amount of any one pension shall not exceed in the case of one or more adult persons or in the case of a child the pension which might have been granted to a spouse or a child respectively under the said provisions;

    (e) where as a result of the death of two officers married to each other pensions are payable to a child or children of such marriage under this section, only the higher of the two pensions may be paid to any such child or children unless the Supreme Military Council otherwise directs.

    (2) In the case of an officer not holding a pensionable office, the expression "pensionable emoluments " in subsection (1) shall mean the emoluments enjoyed by him which would have been pensionable emoluments if the office held by him had been a pensionable office.

    (3) For the purposes of this section the word "spouse", means a sole spouse.

    (4) For the purposes of this section the word "child" shall include-

    (a) a posthumous child;

    (b) a step-child or illegitimate child wholly or mainly dependent upon the deceased officer for support; and

    (c) an adopted child, adopted in a manner recognised by law, and dependent as aforesaid.

    (5) This section shall not apply in the case of the death of any officer if his "dependants", as defined in the Workmen's Compensation Act, 1963 (Act 174), are entitled to compensation thereunder."