s. 44 44 Entitlement of partner to pension or gratuity S. 44 (Heading) inserted by No. 40/2010 s. 28(1). S. 44 amended by No. 7538 s. 2, substituted by Nos 8722 s. 2(c), 9066 s. 3. S. 44(1) (1) Where a member of the force dies— amended by No. 40/2010 (a) whilst serving in the force; s. 28(2)(3). (b) whilst entitled to a pension under this Division; or (c) in consequence of any disease or injury on account of which he retired from the force— his partner shall, unless she is entitled under subsection (2) to a partner's special pension, be entitled, subject to this Division, to a partner's ordinary pension. (2) Where a member or retired member of the force S. 44(2) amended by dies from the effect of an injury received in the No. 40/2010 execution of his duty without his own default, his s. 28(2)(3). partner shall, if the injury was non-accidental, be entitled, subject to this Division, to a partner's special pension. S. 44(3) (3) A partner who is entitled to a pension under this amended by Division may apply to the ESS Board for a Nos 120/1994 s. 6(1)(f)(i)(ii), gratuity in lieu of the whole or any part thereof; 40/2010 and the ESS Board may if it thinks fit grant to any s. 28(2). partner who is entitled to such a pension a gratuity in lieu of the whole or any part thereof.
S. 44 (Heading) inserted by No. 40/2010 s. 28(1). S. 44 amended by No. 7538 s. 2, substituted by Nos 8722 s. 2(c), 9066 s. 3. 44 Entitlement of partner to pension or gratuity s. 44 S. 44(1) amended by No. 40/2010 s. 28(2)(3). (1) Where a member of the force dies— (a) whilst serving in the force; (b) whilst entitled to a pension under this Division; or (c) in consequence of any disease or injury on account of which he retired from the force— his partner shall, unless she is entitled under subsection (2) to a partner's special pension, be entitled, subject to this Division, to a partner's ordinary pension. S. 44(2) amended by No. 40/2010 s. 28(2)(3). (2) Where a member or retired member of the force dies from the effect of an injury received in the execution of his duty without his own default, his partner shall, if the injury was non-accidental, be entitled, subject to this Division, to a partner's special pension. S. 44(3) amended by Nos 120/1994 s. 6(1)(f)(i)(ii), 40/2010 s. 28(2). (3) A partner who is entitled to a pension under this Division may apply to the ESS Board for a gratuity in lieu of the whole or any part thereof; and the ESS Board may if it thinks fit grant to any partner who is entitled to such a pension a gratuity in lieu of the whole or any part thereof.
58-6338a134.docx