Document ID: chunk:federal_register_of_legislation:C2004A01840:section:24:p2
Version: federal_register_of_legislation:C2004A01840
Segment Type: section
Provision Reference: s 24 (pt 2/8)
Character Range: 22618–25226

sum of the amounts of the payments, already made as relates or relate to the percentage of the retiring allowance that he elected to convert to a lump sum payment.

"(7) A reference in this section to the annual amount of the retiring allowance payable to a person shall be construed as a reference to the annual amount of the retiring allowance that was payable to the person at the time when he became entitled to that allowance.".

Benefits to widow or widower
11. (1) Section 19 of the Principal Act is amended by omitting sub-sections (2), (3), (4), (5) and (6) and substituting the following sub-sections:

"(2) Subject to sub-section (7), if the deceased person is survived by a widow or widower, there is payable to the widow or widower an annuity, during her or his life-time, at a rate ascertained in accordance with sub-section (3).

"(3) The rate of the annuity referred to in sub-section (2) is five-sixths of the rate of the retiring allowance that would have been applicable to the deceased person if he had not died and—
     (a) where he died while entitled to a parliamentary allowance—he had ceased to be entitled to that allowance on the date of his death;
     (b) where his period of service was less than 8 years—his period of service had been 8 years; and
     (c) where he had made an election under sub-section (3) of section 18b—he had not made that election.".

(2) The amendment made by sub-section (1) applies only in relation to a widow or widower of a member or former member who died after the commencement of this Act but, for the purposes of the application after the commencement of this Act of section 19 of the Principal Act in relation to a widow or widower of a member or former member who died before the commencement of this Act, that section has effect as if-
     (a) "but ceasing upon her or his re-marriage" were omitted from paragraph (a) of sub-section (2);
     (b) "or re-marries" and "or re-marriage" were omitted from sub-section (4); and
     (c) sub-section (5) were omitted.
(3) Where—
     (a) a widow's or widower's entitlement to an annuity under section 19 of the Principal Act ceased before the commencement of this Act upon her or his re-marriage; and
     (b) the widow or widower makes application to the Trust for the restoration of the annuity and the Trust is satisfied that the widow or widower is in necessitous circumstances or that the restoration of the annuity is otherwise warranted,
the Trust may direct in writing that the widow's or widower's entitlement to an annuity be restored from and including such date as the Trust specifies