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 5.03 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 5.04 Amount of the Pension for the Surviving Spouse of a Member

Subject to the provisions of Article II 1.13 the pension for the surviving spouse of a member shall be equal to 1.1% of the final reference salary of the deceased member based on the years of membership he would have accumulated if he had remained a member up to the applicable retirement age, subject to the applicable maximum period of membership specified in Article II 2.02. The number of years counted shall be the applicable maximum period if the death resulted from an occupational accident or occupational illness, or from saving a person.

To the amount thus determined shall be added a fixed sum. This is given in Annex B for a pension calculated on the basis of the applicable maximum period of membership. This sum shall be reduced proportionately for a shorter period of membership and, where applicable, reduced in accordance with Article II 1.13.

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.

Article II 7.02 Amount of Fixed Sum and Allowances

a) The allowances provided for in Section 7 of the Rules of the Fund are calculated in accordance with the bases for calculation of the retirement pension specified in Article II 2.02. In the case of an anticipated retirement pension, they shall be subject to the same reduction factor as the pension as specified in Article II 2.05.

b) The fixed sum and allowances provided for in Annex B of the Rules of the Fund correspond to the applicable maximum period of membership specified in Article II 2.02 of the Rules of the Fund. Where membership has been for less than the applicable maximum period when payment of the pension begins, these amounts are reduced proportionately.