Clause 8

Where after the commencement of this Act a Member dies while serving as a Member or within one year after he was granted a pension under section 3 or 4 there may be paid to such of his dependants as the President may think fit, or if there are no dependants, to his legal personal representatives a gratuity in accordance with this section.

In the case of a Member who had never held any office the gratuity shall be an amount equal either to his annual salary as defined in subsection (4) of section 3 or the commuted pension gratuity which might have been granted to him under section 6, whichever is the greater, less any sums already received by him by way of pension and gratuity under this Act during his lifetime.

In the case of a Member who had previously held office but was not holding office at the time of his death, the gratuity shall be an amount equal either to his annual salary as defined in subsection (4) of section 3 or the commuted pension gratuity which might have been granted to him under section 6 in respect of both his reckonable service as a Member and as a holder of any office, whichever is the greater, less any sums already received by him by way of pension and gratuity under this Act during his lifetime.

In the case of a Member holding office at the time of his death, the gratuity shall be an amount equal either to the aggregate of his annual salary as defined in subsection (4) of section 3 and subsection (4) of section 4 or the commuted pension gratuity which might have been granted to him under section 6 in respect of both his reckonable service as a Member and as a holder of any office, whichever is the greater, less any sums already received by him by way of pension and gratuity under this Act during his lifetime.

In determining the commuted pension gratuity which might have been granted to a Member for the purposes of this section, he shall be deemed to be eligible for the grant of a pension under section 3 or 4 notwithstanding the fact that he has less than the minimum number of years of reckonable service as required in those sections or that he has not attained the age of fifty years.

No gratuity paid under this section shall be subject to estate duty under the Estate Duty Act (Cap. 137).