43:13-6 - Dependency condition of payment;  determination of

43:13-6.  Dependency condition of payment;  determination of
    No pension shall be paid to the surviving husband of a deceased employee unless he shall be and shall continue to remain dependent upon the income which  such employee was receiving at the time of her death, nor unless he shall be  and shall continue to remain physically or mentally incapable of pursuing a  gainful occupation.  No pension shall be paid to any minor child or dependent  parent of such female employee unless such minor child or dependent parent  shall be and shall continue to remain dependent upon the income which such  employee was receiving at the time of her death.  The pension commission shall  determine the question of the dependency of the surviving husband, minor child  or dependent parent, as well as the ability of the surviving husband to pursue  some gainful occupation.