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Paragraph 4 Widowers of women with service between 2nd August 1978 and 30th July 1984.

Original text. Later amendments are not shown.

(1)

Subject to the provisions of this paragraph the widower of a woman who—

(a)

was a participant on or after 2nd August 1978; and

(b)

has not been a participant at any time after 30th July 1984—

shall be entitled to receive a pension under this paragraph if, at the time of her death either—

(a)

she was entitled to receive a pension under one or more than one of paragraphs 1, 5 or 6 of Schedule 9, or

(b)

she was not so entitled, but—

(i)

had been a participating Member on or after 1st January 1972 and had an aggregate period of reckonable service as a participant of not less than four years; or

(ii)

had been a participating office holder on or after 1st April 1972 and had an aggregate period of reckonable service as a participant of not less than three years.

(2)

A widower shall be entitled to receive a pension under this paragraph—

(a)

as from the day following the date of his wife’s death if at the time of her death he had attained the age of sixty-five years or, before attaining that age, was incapable by reason of bodily or mental infirmity of earning his own living; or

(b)

where the preceding paragraph does not apply, as from the time he attains the age of sixty-five years or, before attaining that age, becomes incapable as mentioned in that paragraph.

(3)

The annual amount of a widower’s pension under this paragraph shall be one-half of the basic or prospective pension or pensions of his late wife.

(4)

A pension under this paragraph shall, subject to the following provisions of this paragraph, continue for the life of the widower, but may be terminated by direction of the Trustees in the event of his remarriage or of his ceasing to be incapable as mentioned in sub-paragraph (2) above before he attains the age of sixty-five years.

(5)

A pension terminated under sub-paragraph (4) above may be restored by direction of the Trustees if at any time the marriage upon which it was terminated comes to an end or the pensioner again becomes incapable as mentioned in sub-paragraph (2) above, or if the Trustees are satisfied that for exceptional reasons it is proper to restore the pension.

(6)

A pension terminated under sub-paragraph (4) above on the grounds that the widower has ceased to be incapable as mentioned in sub-paragraph (2) above shall be restored as from the time he attains the age of sixty-five years provided that he has not remarried.

(7)

Sub-paragraphs (4), (5), (6) and (7) of paragraph 1 of this Schedule shall apply for the purposes of this paragraph with the necessary modifications.