Social Security Act (Cap. 318)
Social Security Act (Cap. 318), article 35
35. Save as provided for in the proviso to article 37, the full
rate of a Survivor’s Pension shall be five-sixths of the Two-Th irds
Pension that was or would have been payable to the deceased
husband in accordance with Part V of this Act:
Provided that with effect from the 1st January, 1987, where
the deceased husband had been, prior to reaching pension age,
entitled to a pension under article 26, and at any time thereaf ter
ceased to be entitled to such pe nsion as a result of his becomi ng
gainfully occupied, any contributions credited under article 16
while the deceased husband was en titled to such pension shall, for
the purpose of assessing her right to a Survivor’s Pension, be taken
into account; sohowever that any such number of credited
contributions as is taken into account shall not exceed the num ber
of contributions paid by the deceased husband between the date of
his cessation of entitlement to such pension and the date of hi s
retirement:
Provided further that for th e purposes of calculating a
Survivor’s Pension under the provisions of this Part, the Direc tor
shall ignore any increase in a ny wage, salary or income reckone d
for the purpose of assessing the pensionable income of the
deceased husband which does not appear to him to be bona fide :
58 CAP. 318.] SOCIAL SECURITY
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 rece ive the same pensionable rate under
Part V which the spouse of the widow or widower would have
received or would have been entitled to.
Survivor’s Pension
plus pension from
late husband’s
employer not to
exceed two-thirds
of pensionable
income.
Amended by:
VIII.1992.15.
Re-numbered by:
XXIV . 1993.2.
Amended by:
XXII.1997.5.
Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.