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, or 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 former spouse of a deceased member or beneficiary.
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 5.05 Amount of the Pension for the Surviving Spouse of a Beneficiary
The pension for the surviving spouse of a beneficiary shall be equal to 55% of the pension of the deceased excluding allowances, without application of the factor specified in Article II 2.05 if the beneficiary was in receipt of an anticipated retirement pension.
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 specified in Article II 2.02. In the event of a shorter period of membership, this sum shall be reduced proportionately and, where applicable, reduced in accordance with Article II 1.13.