Social Security Act (Cap. 318)
Social Security Act (Cap. 318), article 42A
42A. (1) Where the deceased insured person, as a consequence
of having been divorced, has one widow or more, the pension in
respect of widowhood shall be apportioned. Each widow, with the
exception of the actual widow, shall take a portion of the pension in
respect of widowhood which shall be based on her respective
period of marriage, meaning:
60 CAP. 318.] SOCIAL SECURITY
(a) in the case where there was a divorce, from the date of
the marriage up to the date of divorce; and
(b) in the case where there was a personal separation, and
where no legal right to maintenance existed in favour
of the widow, from the date of marriage up to the date
of death of the insured person.
(2) The portion of the pension in respect of widowhood due to
the widow under sub-article (1):
(a) shall only be with respect to those years of the
marriage, as defined in sub-article (1), during which
the deceased husband was paying or was credited
social security contributions under this Act; and
(b) shall be calculated on the period provided for in
paragraph (a), which bears to the total period of
contribution years on which the contribution average
of the deceased husband is assessed for the purpose of
establishing his re tirement pension in accordance with
this Act.
(3) The actual widow shall take such portion of the pension in
respect of widowhood as shall remain following apportionment
made in accordance with sub-articles (1) and (2).
Maximum rate of
pension in respect
of widowhood.
Added by:
L.N. 218 of 2012.
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