Social Welfare (No. 2) Act, 1995

Survivor's pension.

3.—(1) Section 100 of the Principal Act (inserted by section 11 of the Act of 1994) is hereby amended by the substitution for the definitions of “spouse” and “survivor” of the following definitions:

“‘spouse’, in relation to a survivor who has been married more than once, refers only to the survivor's last spouse and for this purpose that last spouse shall be construed as including a party to a marriage that has been dissolved, being a dissolution that is recognised as valid in the State;

‘survivor’ means a widow, a widower or a person who would otherwise be a widow or a widower but for the fact that the person's marriage has been dissolved, being a dissolution that is recognised as valid in the State;”.

(2) Section 101 of the Principal Act (inserted by section 11 of the Act of 1994) is hereby amended by—

(a) the substitution for paragraph (b) of subsection (1) of the following paragraph:

“(b) if the survivor's spouse was entitled to an old age (contributory) pension or a retirement pension which included an increase in respect of him by virtue of section 87 (1) or section 91 (1) in respect of a period ending on the spouse's death, or”,

and

(b) the insertion after subsection (4) of the following subsection:

“(5) For the purposes of subsection (4), a reference to a widow shall include a reference to a woman who would otherwise be a widow but for the fact that the woman's marriage has been dissolved, being a dissolution that is recognised as valid in the State.”.