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137. For the calculation of the base portion of the basic monthly amount of the surviving spouse’s pension, the amount to be used is, depending on the contributor’s situation for the month of his death,

(1) in the case of a contributor to whom a retirement pension was payable, the amount of that pension for the month of his death, established without taking account of the amounts calculated as provided in subparagraphs b and c of the first paragraph of section 120 and adjusted in accordance with section 119, any partition effected under sections 158.3 to 158.8 or a similar plan, any adjustments provided for in sections 120.1 and 120.2, or any additional pension established under section 120.3. If the basic number of months established in accordance with section 116.2 for the calculation of that portion of the amount of the contributor’s retirement pension is higher than the total number of months included in his base contributory period, that portion of the amount of his retirement pension must be multiplied by the proportion that the basic number bears to 36 or the total number of months included in his base contributory period, whichever is higher;

(2) in other cases, an amount equal to 25% of the average base monthly pensionable earnings of the contributor, calculated as provided in sections 116.1 to 116.5, for the year of his death.

If the death of the contributor occurs after 31 December 2012, the base portion of the monthly amount of the deceased contributor’s additional pension established under subparagraph a of the second paragraph of section 120.3 for the month of the contributor’s death is added to that amount.

The amount obtained is adjusted by multiplying it by the ratio between the Pension Index for the year including the month for which the base portion of the basic monthly amount is established and the Pension Index for the year of the contributor’s death. The Pension Index limits provided for in subparagraphs a and b of the second paragraph of section 117 do not apply to the adjustment.

137. For the calculation of the basic monthly amount of the surviving spouse’s pension, the amount to be used is, depending on the contributor’s situation for the month of his death,

(1) in the case of a contributor to whom a retirement pension was payable, the amount of that pension for the month of his death, established before any partition under sections 158.3 to 158.8 or a similar plan, any adjustments provided for in sections 120.1 and 120.2, or any additional pension established under section 120.3. If the basic number of months established in accordance with section 116.2 for the calculation of the retirement pension of the contributor is higher than the total number of months included in his contributory period, the amount of the retirement pension must be multiplied by the proportion that the basic number bears to 36 or the total number of months included in his contributory period, whichever is higher;

(2) in other cases, an amount equal to 25% of the average monthly pensionable earnings of the contributor, calculated as provided in sections 116.1 to 116.5, for the year of his death.

If the death of the contributor occurs after 31 December 2012, the monthly amount of the deceased contributor’s additional pension established as provided in section 120.3 for the month of the contributor’s death is added to that amount.

The amount obtained is adjusted by multiplying it by the ratio between the Pension Index for the year including the month for which the monthly basic amount is established and the Pension Index for the year of the contributor’s death. The Pension Index limits provided for in subparagraphs a and b of the second paragraph of section 117 do not apply to the adjustment.

137. For the calculation of the basic monthly amount of the surviving spouse’s pension, the amount to be used is, depending on the contributor’s situation for the month of his death,

(1) in the case of a contributor to whom a retirement pension was payable, the amount of that pension for the month of his death, established before any partition under sections 158.3 to 158.8 or a similar plan, any adjustments provided for in sections 120.1 and 120.2, or any additional pension established under section 120.3. If the basic number of months established in accordance with section 116.2 for the calculation of the retirement pension of the contributor is higher than the total number of months included in his contributory period, the amount of the retirement pension must be multiplied by the proportion that the basic number bears to 36 or the total number of months included in his contributory period, whichever is higher;

(2) in other cases, an amount equal to 25% of the average monthly pensionable earnings of the contributor, calculated as provided in sections 116.1 to 116.5, for the year of his death.

The amount obtained is adjusted by multiplying it by the ratio between the Pension Index for the year including the month for which the monthly basic amount is established and the Pension Index for the year of the contributor’s death. The Pension Index limits provided for in subparagraphs a and b of the second paragraph of section 117 do not apply to the adjustment.

137. For the calculation of the basic monthly amount of the surviving spouse’s pension, the amount to be used is, depending on the contributor’s situation for the month of his death,

(1) in the case of a contributor to whom a retirement pension was payable, the amount of that pension for the month of his death, established before any partition under sections 158.3 to 158.8 or a similar plan or adjustments provided for in sections 120.1 and 120.2. If the basic number of months established in accordance with section 116.2 for the calculation of the retirement pension of the contributor is higher than the total number of months included in his contributory period, the amount of the retirement pension must be multiplied by the proportion that the basic number bears to 36 or the total number of months included in his contributory period, whichever is higher;

(2) in other cases, an amount equal to 25 % of the average monthly pensionable earnings of the contributor, calculated as provided in sections 116.1 to 116.5, for the year of his death.

The amount obtained is adjusted by multiplying it by the ratio between the Pension Index for the year including the month for which the monthly basic amount is established and the Pension Index for the year of the contributor’s death. The Pension Index limits provided for in subparagraphs a and b of the second paragraph of section 117 do not apply to the adjustment.

137. The amount of the retirement pension of the contributor to be used in calculating the basic monthly amount of the surviving spouse’s pension is the amount set out in section 129 or 130 for calculating the death benefit, adjusted by multiplying it by the ratio that the Pension Index for the year of the month for which the basic monthly amount is established bears to the Pension Index for the year of the death of the contributor. The limits on the Pension Index prescribed by subparagraphs a and b of the second paragraph of section 117 do not apply to the adjustment.

137. Where a surviving spouse’s pension under this act and a disability pension under this act or under a similar plan are payable to the surviving spouse of a contributor, the basic monthly amount of the surviving spouse’s pension payable to such surviving spouse shall not exceed an amount that, when added to the amount of the disability pension payable to him for a month in the year in which he first became entitled to the surviving spouse’s or disability pension, having become entitled to the other such pension, equals 1/12 of 25% of the average of the Maximum Pensionable Earnings for that year and for each of the two preceding years.

Nevertheless, the aggregate of the two pensions contemplated in the preceding paragraph and payable to the surviving spouse must never be an amount less than the monthly basic amount of the surviving spouse’s pension which would have been payable to that surviving spouse had no disability pension been payable to him under this Act or under a similar plan.