Section 13: Pensions and gratuities on death

(1) Where a fireman who has completed more than three years continuous service dies while serving in the Fire Service, the Minister, on the recommendation of the Fire Commissioner may grant to his estate or to any person being a relative or dependant of such fireman, in addition to any other gratuities payable under the provisions of section 10 of this Act, a sum not exceeding one year's pay.
(2) The Minister on the recommendation of the Fire Commissioner may direct that any sum so awarded be paid to or applied for the maintenance and personal support and benefit of all or any, to the exclusion of the other or others, of the following persons, namely, any wife, child, children, relative or dependant of the fireman in such manner as the Minister on the recommendation of the Fire Commissioner, may deem just.
(3) If a fireman dies as a result of injuries received in the execution of his duty or is killed on duty it shall be lawful for the Minister, on the recommendation of the Fire Commissioner, to grant in addition to the award provided for in subsection (1) of this section the pensions set out in this subsection, that is to say-
(a) if such fireman leaves a widow or widows, a pension to her or divided equally between them whilst unmarried and of good character at a rate not exceeding ten-sixtieths of his pay or thirty naira a year whichever is the greater;
(b) if such fireman leaves a widow or widows to whom a pension is granted under paragraph (a) of this subsection and a child or children, a pension in respect of each child until such child reaches the age of twenty-one years, of an amount not exceeding one-eighth of the pension prescribed under paragraph (a) of this subsection;
(c) if such fireman leaves a child or children but does not leave a widow, or leaves a child or children and a widow or widows to whom no pension under paragraph (a) of this subsection has been granted, then a pension in respect of each child of double the amount prescribed in paragraph (b) of this subsection until such child attains the age of twenty-one years;
(d) if such fireman leaves a child or children and a widow to whom a pension is granted under paragraph (a) of this subsection, and the widow subsequently dies, a pension of double the amount prescribed in paragraph (b) of this subsection in respect of each child as from the date of the death of the widow until such child attains the age of twenty-one years;
(e) if such fireman does not leave a widow, or if no pension is granted to his widow, and if his mother was wholly or mainly dependent on him for support, a pension to the mother while of good character and without adequate means of support, of an amount not exceeding the pension which might have been granted to his widow:
Provided that-
(i) all such pensions shall be in the discretion of the Minister acting on the recommendation of the Fire Commissioner and any pension so granted shall cease if at any time the Minister is satisfied that the person in respect of whom such pension has been granted is adequately provided with other means of support;
(ii) pensions shall not be payable under this paragraph at any time in respect of more than six children;
(iii) a pension granted to a female child under this paragraph shall cease upon the marriage of such child under the age of twenty-one years; and
(iv) if in any case it appears to the Minister acting on the recommendation of the Fire Commissioner that it would be proper so to do having regard to the law or custom of any area, payment of the foregoing pensions may by his discretion be paid to such authority having jurisdiction in that area as he may specify, for disbursement in the interests of the persons entitled thereto under the provisions of this subsection.
(4) If any fireman proceeding by a route approved by the Minister, acting on the recommendation of the Fire Commissioner, to or from Lagos at the commencement or termination of his service therein or of a period of leave therefrom, dies as a result of damage to any vessel, vehicle or aircraft in which he is travelling, or of any act of violence directed against such vessel, vehicle or aircraft, and the Minister, acting on the recommendation of the Fire Commissioner, is satisfied that such damage or act is attributable to circumstances arising out of any war in which Nigeria may be engaged, such fireman shall be deemed for the purposes of this section to have died under the circumstances described in subsection (3) of this section.
[L.N. 139 of 1965.]
(5) For the purposes of this section, the word "child" includes-
(a) a posthumous child; and
(b) a step-child or illegitimate child born before the date of the injury or death and wholly or mainly dependent upon the deceased fireman for support.