41. Each child of a Member or pensioner is entitled, upon the death of the Member or pensioner and on an application, if he is under 18 years of age or if he is under 21 years of age and attends on a full-time basis a teaching institution at the college or university level, to receive 10% of the retirement pension which the Member would have been entitled to receive or which the pensioner was receiving.
However, if the Member or the pensioner has no spouse at the time of his death or if the spouse dies, each child shall then be entitled to receive 20% of the retirement pension which the Member would have been entitled to receive or which the pensioner was receiving on the day of his death or, as the case may be, would have been entitled to receive on the day of the spouse’s death.
Pensions paid to the spouse and children or to the children only shall not exceed the amount of the retirement pension which the Member would have been entitled to receive or which the pensioner was receiving. The pension payable to the children shall, where necessary, be divided equally among the children.
1982, c. 66, s. 41; 1987, c. 109, s. 12; 1992, c. 9, s. 2.