Social Security Act (Cap. 318)

Social Security Act (Cap. 318), article 42A

Official PDF on legislation.mt

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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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.