Cap. 318 ст. 35Full rate of Survivor’s Pension.

Save as provided for in the proviso to article 37, the full rate of a Survivor’s Pension shall be five-sixths of the Two-Thirds

Pension that was or would have been payable to the deceased husband in accordance with Part V of this Act:

Provided that with effect from the 1st January, 1987, where the deceased husband had been, prior to reaching pension age, entitled to a pension under article 26, and at any time thereafter ceased to be entitled to such pension as a result of his becoming gainfully occupied, any contributions credited under article 16 while the deceased husband was entitled to such pension shall, for the purpose of assessing her right to a Survivor’s Pension, be taken into account; sohowever that any such number of credited contributions as is taken into account shall not exceed the number of contributions paid by the deceased husband between the date of his cessation of entitlement to such pension and the date of his retirement: Provided further that for the purposes of calculating a Survivor’s Pension under the provisions of this Part, the Director shall ignore any increase in any wage, salary or income reckoned for the purpose of assessing the pensionable income of the deceased husband which does not appear to him to be bona fide: Provided that with effect from the 2nd January 2016, a widow or a widower who, when reaching pensionable age, will be entitled to a pension in his or her own name under Part V, sohowever that such pension is less favourable than the pension due under this article, shall receive the same pensionable rate under Part V which the spouse of the widow or widower would have received or would have been entitled to.