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Library > Legal Subjects > Employment Law > Pensions

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WHAT HAPPENS TO THE PENSION WHERE AN OFFICER DIES AFTER RETIREMENT ?

Where a pensionable officer dies within the period of 12 1/2 years from the date of his retirement from the public service, pension may be granted to the person prescribed in the regulations a derivative pension equivalent to the amount of pension paid to him for a period not exceeding the difference between the period of 12 1/2 years and the retirement period of the deceased officer and thereafter such derivative period shall continue to be payable at the rate of 70% of the amount granted.

Where a pensionable officer dies after the period of 12 1/2 years from the date of his retirement from the public service, pension may be granted to the person prescribed in the regulations a derivative pension equivalent to 70% of the officer's pension.

HOW IS THE DERIVATIVE PENSION OR DERIVATIVE RETIRING ALLOWANCE CALCULATED ?

	Type of Benefit	Formula
1.	Derivative pension shall be paid or be payable
(a)	for a period of 12 1/2 years from the date immediately following the date of death in service of the officer on or after the 1st July 1980; or	1/600 X number of months of reckonable service (subject to not more than 300 months) X corresponding last drawn salary; but the amount of derivative pension, as adjusted, which is paid or payable on the death of the officer in service shall not be less than 1/5 of the officer's corresponding last drawn salary
(b)	where the death of the officer in service or in retirement had occurred within a period of 12 1/2 years prior to the 1st July 1980, for a period (commencing from the 1st July 1980) which is the difference between the period of 12 1/2 years and the period during which derivative pension had been paid or payable prior to the 1st July 1980; or
(c)	where the death of the officer occurs within a period of 12 1/2 years from the date of his retirement on or after the 1st July 1980, for a period which is the difference between the period of 12 1/2 years and the period during which the officer had been in retirement; and
(d)	for life (commencing on or after 1st July 1980)	70% of amount paid or payable under subparagraph (a), (b) or (c) of this paragraph
(i)	after the expiry of the appropriate period for the payment of derivative pension under subparagraph (a), (b) or (c); or
(ii)	where the death of the officer in service or in retirement had occurred before a period of 12 1/2 years prior to the 1st July 1980; or
(iii)	where the death of the officer occurs after a period of 12 1/2 years from the date of his retirement on or after the 1st July 1980
2.	Where no derivative pension is paid or payable under paragraph 1, a derivative retiring allowance shall be paid or be payable	Adjusted based on the same formula provided in respect of subparagraph (a), (b) and (c) of paragraph 1 but limited to 3/4 of the amount determined in each case
(a)	for any of the periods and in any of the circumstances referred to in subparagraph (a), (b) or (c) or paragraph 1; and
(b)	for life in any of the circumstances referred to in subparagraph (d) of paragraph 1	70% of the amount paid or payable under subparagraph (a) of this paragraph