137. Where a surviving spouse’s pension under this act and a disability pension under this act or under a similar plan are payable to the surviving spouse of a contributor, the basic monthly amount of the surviving spouse’s pension payable to such surviving spouse shall not exceed an amount that, when added to the amount of the disability pension payable to him for a month in the year in which he first became entitled to the surviving spouse’s or disability pension, having become entitled to the other such pension, equals 1/12 of 25% of the average of the Maximum Pensionable Earnings for that year and for each of the two preceding years.
Nevertheless, the aggregate of the two pensions contemplated in the preceding paragraph and payable to the surviving spouse must never be an amount less than the monthly basic amount of the surviving spouse’s pension which would have been payable to that surviving spouse had no disability pension been payable to him under this Act or under a similar plan.
1965 (1st sess.), c. 24, s. 148; 1972, c. 53, s. 39; 1974, c. 16, s. 27.