Article II 5.01 Entitlement to Pension for Surviving Spouse 

The following shall be entitled to a pension for surviving spouse:

a) the spouse of a deceased member whose marriage dates from at least one year prior to the decease. This condition of duration of the marriage shall not apply if the decease resulted from an occupational accident, or occupational illness, or if the survivor has at least one dependent child at the time of decease;

b) the spouse of a deceased beneficiary whose marriage dates from at least five years prior to the decease. This condition of duration of the marriage shall not apply if the entitlement was preexistent, the conditions of a) above having been met, or if the deceased was the beneficiary of a disability pension, or if the survivor has at least one dependent child at the time of decease;

c) subject to the provisions of Article II 5.02, the divorced spouse of a deceased member or beneficiary.

Notwithstanding the foregoing, a marriage to a beneficiary taking place on or after 1 August 2006 shall not give rise to entitlement to a surviving spouse’s pension, except where the beneficiary has decided to procure the said entitlement pursuant to Article II 5.09.

Article II 5.02 Entitlement to Surviving Spouse’s Pension for Divorced Spouse

The divorced spouse shall be entitled to a pension for surviving spouse provided that, on the date of death of the beneficiary, the following conditions are fulfilled:

a) the marriage lasted at least 10 years;

b) the beneficiary was under an obligation to pay maintenance to the divorced surviving spouse;

c) the divorced spouse was at least 45 years of age (this age limit shall not apply if the divorced spouse is legally responsible for supporting at least one child of the beneficiary on that date); and

d) the divorced surviving spouse has not re-married.

Article II 5.03 Duration of the Pension for Surviving Spouse 

The pension for surviving spouse shall commence:

a) on the day following the day of the death of the member;

b) on the first day of the month following that of the death of the beneficiary.

It shall cease on the last day of the month of the death of its beneficiary, or on the date of the latter’s remarriage (in which case the beneficiary shall receive a sum equal to three times the annual amount of the pension at the date of remarriage), or, for a divorced surviving spouse, when the legal obligation to maintenance would have otherwise terminated.

Article II 5.06 Maximum Amount 

Notwithstanding the provisions of Articles II 5.04 and II 5.05, the total amount of the pension for surviving spouse shall not exceed:

a) the final basic salary of the deceased member;

b) the total monthly benefits paid by the Fund to the deceased beneficiary;

c) the maintenance payment due, pursuant to the support agreement in force, from the deceased to the divorced spouse on the date of death or, if lower, the amount of maintenance actually being paid.