Social Security Act (Cap. 318)

Social Security Act (Cap. 318), article 33A

Official PDF on legislation.mt

33A. (1) With effect from January 6, 1996, the rate of widows’ pension as abated in terms of article 33 and the proviso theret o, shall be increased so as to ensu re that such rate of pension to gether with the rate of pension, as a djusted in accordance with the provisions of this Act, such widow receives from a former employer of her deceased husband, if any, is not less than the applicable single rate of an Inc reased Retirement Pension payab le in terms of article 47(1)(ii), pr ovided that such rate of pensi on does not exceed the two-thirds pension that was or would have been payable to the deceased husband in accordance with Part V of th is Act. (2) With effect from the date mentioned in sub-article (1), where a widow is not entitled to receive a pension from any of her husband’s former employers, the rate of widow’s pension under t his Act to which she is entitled, shall be so increased to ensure t hat such rate of pension is not less than the applicable rate of th e Increased National Minimum Pens ion payable in terms of article 63, provided that such rate of p ension does not exceed five-six ths of the two-thirds pension that was or would have been payable t o SOCIAL SECURITY [CAP. 318. 57 the deceased husband in accordance with Part V: Provided that with effect from the 2nd January 2016, a widow or a widower who, when reaching pensionable age, will be entitled to a pension in his or her own name under Part V , sohowever that such pension is less favourable than the pension due under this article, shall receive the same pensionable rate under Part V which the spouse of the widow or widower would have received or would have been entitled to, at the rate payable to a married person who is mai ntaining his or her spouse: Provided further that, with effect from 1st January 2022, a widow or widower who is entitled to a rate of pension under Par t IV , calculated on five-sixths of the two-thirds of the pensionable income of the deceased spouse worked out in accordance with the provis ions of Part V , the proportion of five-sixths of the two-thirds shal l be substituted by the proportion show n in the Twelfth Schedule.". Survivor’s Pension. Amended by: XVI. 1990.15; XIII. 1991.17; VIII. 1992.13. Re-numbered by: XXIV . 1993.2.; Amended by: XXI. 1996.18; XXXII. 2007.49.

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