L-1 - Legislature Act

Section 98 Disposition versions

1990-09-01

98. (1)  When the additional contribution provided for in subsection 2 of section 87 has been paid, and subject, where applicable, to the provisions of section 97, the surviving consort, if not divorced, of a former member who was receiving a member’s pension or was entitled to it but died before beginning to receive it is entitled, from the death of such member and for life, to a pension equal to fifty per cent of that which her consort was receiving or was entitled to receive; such surviving consort is also entitled to receive 10% of her consort’s pension for each of the children of such former member dependent on such surviving consort and less than eighteen years of age or, if such child regularly attends an educational institution, less than twenty-one years of age, but he shall not so receive more than 40% of such pension for all such children dependent on him.

If the surviving consort dies or if such former member dies and his consort has predeceased him or their marriage has been dissolved by divorce, each child of such former member who is less than eighteen years of age or, if he regularly attends an educational institution, is less than twenty-one years of age, shall be entitled to receive 20% of the pension which such former member was receiving or would have been entitled to receive, until he reaches the age of eighteen years or, if he regularly attends an educational institution, until he reaches the age of twenty-one years. However, not more than 80% of such pension shall be paid to all such children.

(2)  When the additional contribution provided for in subsection 2 of section 87 has been paid, and subject, where applicable, to the provisions of section 97, the surviving consort, if not divorced, of a member who dies while a member of the National Assembly shall receive during his lifetime, in equal monthly instalments, an annual pension equal to thirty-seven and one-half per cent of the total amount of his consort’s contributions; he shall also be entitled to receive 7.5% of the total amount of his consort’s contributions for each child of such member who is a dependent of such surviving consort and less than eighteen years of age or, if he regularly attends an educational institution, is less than twenty-one years of age, but she shall not so receive more than 30% of the total amount of such contributions for all of such dependent children.

If the consort dies or if such former member dies and his consort has predeceased him or their marriage has been dissolved by divorce, each child of such former member who is less than eighteen years of age or, if he regularly attends an educational institution, is less than twenty-one years of age, is entitled to receive 15% of the total amount of such member’s contributions until he reaches the age of eighteen years or, if he regularly attends an educational institution, until he reaches the age of twenty-one years. However, not more than 60% of the total amount of such contributions shall be paid to all such children.

(3)  For the purposes of subsections 1 and 2 of this section, the expressions “dependent child” and “educational institution” shall have the meaning given them by resolution of the commissioners appointed under section 41.

(4)  If the spouse is not entitled to his pension pursuant to section 103.17.6, the child’s pension shall be that provided for in the second paragraph of subsection 1 or, where applicable, in the second paragraph of subsection 2.

R. S. 1964, c. 6, s. 115; 1968, c. 9, s. 50; 1971, c. 9, s. 24; 1973, c. 10, s. 19; 1990, c. 5, s. 6.

1977-12-31

98. (1)  When the additional contribution provided for in subsection 2 of section 87 has been paid, and subject, where applicable, to the provisions of section 97, the surviving consort, if not divorced, of a former member who was receiving a member’s pension or was entitled to it but died before beginning to receive it is entitled, from the death of such member and for life, to a pension equal to fifty per cent of that which her consort was receiving or was entitled to receive; such surviving consort is also entitled to receive 10% of her consort’s pension for each of the children of such former member dependent on such surviving consort and less than eighteen years of age or, if such child regularly attends an educational institution, less than twenty-one years of age, but he shall not so receive more than 40% of such pension for all such children dependent on him.

If the surviving consort dies or if such former member dies and his consort has predeceased him or their marriage has been dissolved by divorce, each child of such former member who is less than eighteen years of age or, if he regularly attends an educational institution, is less than twenty-one years of age, shall be entitled to receive 20% of the pension which such former member was receiving or would have been entitled to receive, until he reaches the age of eighteen years or, if he regularly attends an educational institution, until he reaches the age of twenty-one years. However, not more than 80% of such pension shall be paid to all such children.

(2)  When the additional contribution provided for in subsection 2 of section 87 has been paid, and subject, where applicable, to the provisions of section 97, the surviving consort, if not divorced, of a member who dies while a member of the National Assembly shall receive during his lifetime, in equal monthly instalments, an annual pension equal to thirty-seven and one-half per cent of the total amount of his consort’s contributions; he shall also be entitled to receive 7.5% of the total amount of his consort’s contributions for each child of such member who is a dependent of such surviving consort and less than eighteen years of age or, if he regularly attends an educational institution, is less than twenty-one years of age, but she shall not so receive more than 30% of the total amount of such contributions for all of such dependent children.

If the consort dies or if such former member dies and his consort has predeceased him or their marriage has been dissolved by divorce, each child of such former member who is less than eighteen years of age or, if he regularly attends an educational institution, is less than twenty-one years of age, is entitled to receive 15% of the total amount of such member’s contributions until he reaches the age of eighteen years or, if he regularly attends an educational institution, until he reaches the age of twenty-one years. However, not more than 60% of the total amount of such contributions shall be paid to all such children.

(3)  For the purposes of subsections 1 and 2 of this section, the expressions “dependent child” and “educational institution” shall have the meaning given them by resolution of the commissioners appointed under section 41.

R. S. 1964, c. 6, s. 115; 1968, c. 9, s. 50; 1971, c. 9, s. 24; 1973, c. 10, s. 19.