(1)  Subject to this regulation –

(a) on the death of a former member who is, at the time of his or her death, receiving a pension, the widow or widower of that former member is entitled to an annual pension calculated as provided in subregulation (3) ; and

(b) on the death of a member to whom this Part applies whose period of service as a member, at the time of his or her death, is at least 8 years, the widow or widower of that member is entitled to an annual pension calculated as provided in subregulation (4) .

(2)  A death benefit is not payable to a widow or widower if, at the time of the member's death –

(a) the widow or widower was living apart from the member; and

(b) the Board is satisfied, after making due enquiry, that the widow or widower was not receiving any significant financial support from the member.

(3)  A pension to which the widow or widower of a deceased former member is entitled by virtue of subregulation (1)(a) is to be calculated at the rate of –

(a) five-eighths of the pension that, in the absence of any commutation by the former member under regulation 30 , would have been payable to the former member but for his or her death; or

(b) 40% of the annual amount of the basic salary –

whichever of those rates of pension would have been the greater at the date of the former member's death.

(4)  A pension to which the widow or widower of a deceased member is entitled by virtue of subregulation (1)(b) is to be calculated at the rate of –

(a) five-eighths of the pension that would have been payable from time to time to the deceased member but for his or her death if he or she had ceased to be a member on the date of his or her death and had then been entitled to a pension under regulation 21 ; or

(b) 40% of the annual amount of the basic salary –

whichever of those rates of pension would have been the greater at that date.

(5)  A person's entitlement to a pension under this regulation continues until that person's death.

(6)  Where, but for this subregulation, a person who is entitled to a pension under this regulation by reason of being the widow or widower of a former member becomes entitled to a pension under regulation 21 or 22 in respect of service as a member, that person is, subject to this Part, entitled to receive only such one of those pensions as that person elects to receive by notice in writing served on the Board within 3 months after becoming entitled to a pension in respect of that person's service as a member.

Subdivision 3 - Children's pensions