43:19-16.Ā  Dependency condition to payment of certain pensions
No pension shall be paid to the surviving husband of a deceased member of the pension corporation unless he is and continues to remain dependent upon theĀ  income which the member was receiving at the time of her death, nor unless heĀ  is and continues to remain physically or mentally incapable of pursuing aĀ  gainful occupation, nor shall any pension be paid to a minor child under theĀ  age of sixteen years of a female member unless the child is dependent upon theĀ  income which the member was receiving at the time of her death and continues toĀ  be so dependent.Ā  The board of trustees shall determine the question of theĀ  dependency of the surviving husband or minor child as well as the ability of aĀ  surviving husband to pursue a gainful occupation.
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