ADVOKS GLOBAL · KENYA
Asian Officers’ Family Pensions Act
33. Certain persons not entitled to pension
Edition: 1971-06-04 · In force
33. Certain persons not entitled to pension
(1)No widow of a member whose marriage with him is contracted after he has either attained the age of fifty-five years or left the public service and no issue of such marriage shall constitute a beneficiary for the purposes of this Act or become entitled to pension.(2)Where a member dies within twelve months of his marriage and there is no issue of such marriage, his widow shall not constitute a beneficiary for the purposes of, or become entitled to any pension under, this Act:Provided that the Board may direct that all or any part of the pension to which such widow would have been entitled but for the provisions of this subsection (in this section called the hypothetical pension) shall be paid to her; and where the Board so directs the widow shall be entitled to payment accordingly and shall constitute a beneficiary for the purposes of this Act; and, if by virtue of the direction of the Board part only of the hypothetical pension becomes payable to such widow, the pension payable to any other beneficiary shall be increased by an amount which shall bear to the difference between the pension which would have been payable to that beneficiary if the Board had directed payment of the whole of the hypothetical pension to the said widow and the pension which would have been payable to that beneficiary if the Board had not given any direction under this subsection, the same proportion as the part of the hypothetical pension not directed to be paid bears to the whole thereof.