Canada Pension Plan (R.S.C., 1985, c. C-8)

Act current to 2017-10-13 and last amended on 2017-03-03. Previous Versions

DIVISION DPayment of Benefits: Special Rules Applicable

Retirement Pension

Marginal note:Commencement of retirement pension
  •  (1) For a retirement pension that commences to be payable before January 1, 1987, subject to section 62, where an applicant, other than an estate, has reached sixty-five years of age and payment of the retirement pension is approved, the pension is payable for each month commencing with

    • (a) the month in which the applicant reached sixty-five years of age,

    • (b) the latest of the eleventh month preceding the month in which the application was received, the month following the month in which the contributor last worked and for which a contribution was made under this Act or a provincial pension plan and the month following the last month for which unadjusted pensionable earnings have been attributed under section 55, or

    • (c) the month for which the applicant applied for the pension to commence,

    whichever is the latest.

  • Marginal note:Idem

    (2) For a retirement pension that commences to be payable on or after January 1, 1987 and where the applicant is not an estate, subject to section 62, where payment of the retirement pension is approved, the pension is payable for each month commencing with the latest of

    • (a) the month in which the applicant reached sixty years of age,

    • (b) the month following the month in which the applicant applied, if he was under seventy years of age when he applied,

    • (c) the month following the month in which the applicant wholly or substantially ceased to be engaged in paid employment or self-employment, if he is then under sixty-five years of age,

    • (d) the month in which the applicant reached sixty-five years of age, if he has not wholly or substantially ceased to be engaged in paid employment or self-employment,

    • (e) the twelfth month preceding the month following the month in which the applicant applied, if he was over seventy years of age when he applied,

    • (f) the month in which the applicant reached seventy years of age, if he applied after reaching that age,

    • (g) the month of January 1987, if the applicant has reached sixty years of age but not sixty-five years of age before that month, and

    • (h) the month chosen by the applicant in his application.

  • Marginal note:Exception

    (3) Where a person who has applied to receive a retirement pension attains the age of sixty-five years before the day on which the application is received, the pension is payable commencing with the latest of

    • (a) the twelfth month before the month after the month in which the applicant applied or the month of January 1995, whichever is later,

    • (b) the month in which the applicant reaches the age of sixty-five years, or

    • (c) the month chosen by the applicant in the application.

  • Marginal note:Commencement of retirement pension — on or after January 1, 2012

    (3.1) For a retirement pension that commences to be payable on or after January 1, 2012 and if the applicant is not an estate, subject to section 62, if payment of the retirement pension is approved, the pension is payable for each month commencing with the latest of

    • (a) the month in which the applicant reached sixty years of age,

    • (b) the month following the month in which the application was received if they were under sixty-five years of age when they applied,

    • (c) the eleventh month preceding the month in which the application was received if they have reached sixty-five years of age when they applied, but in no case earlier than the month in which they reached sixty-five years of age, and

    • (d) the month chosen by the applicant in their application.

  • Marginal note:Deemed application where disability pension ceased

    (4) Where a disability pension is no longer payable because a decision that the person was disabled has been reversed or because the person has ceased to be disabled, and on or before the day that is 90 days after the day on which the person is notified that the disability pension has ceased, or within any longer period that the Minister may either before or after the expiration of those 90 days allow, the person applies for a retirement pension, that application is deemed to have been received in the latest of

    • (a) the month in which the disability pension application was made,

    • (b) the last month for which the disability pension was payable, and

    • (c) the month before the month in which the contributor reached the age of 60 years.

  • R.S., 1985, c. C-8, s. 67;
  • R.S., 1985, c. 30 (2nd Supp.), s. 36, c. 1 (4th Supp.), s. 5;
  • 1995, c. 33, s. 32;
  • 1997, c. 40, s. 82;
  • 2009, c. 31, s. 38.
Marginal note:Duration of payment

 Subject to this Act, a retirement pension shall continue to be paid during the lifetime of the beneficiary, and shall cease with the payment for the month in which the beneficiary dies.

  • R.S., c. C-5, s. 67.

 [Repealed, 2009, c. 31, s. 39]

Disability Pension

Marginal note:Commencement of pension

 Subject to section 62, where payment of a disability pension is approved, the pension is payable for each month commencing with the fourth month following the month in which the applicant became disabled, except that where the applicant was, at any time during the five year period next before the month in which the applicant became disabled as a result of which the payment is approved, in receipt of a disability pension payable under this Act or under a provincial pension plan,

  • (a) the pension is payable for each month commencing with the month next following the month in which the applicant became disabled as a result of which the payment is approved; and

  • (b) the reference to “fifteen months” in paragraph 42(2)(b) shall be read as a reference to “twelve months”.

  • R.S., 1985, c. C-8, s. 69;
  • R.S., 1985, c. 30 (2nd Supp.), s. 38.
Marginal note:When pension ceases to be payable
  •  (1) A disability pension ceases to be payable with the payment

    • (a) for the month in which the beneficiary ceases to be disabled;

    • (b) for the month immediately preceding the month in which the beneficiary commences to receive a retirement pension under this Act or under a provincial pension plan;

    • (c) for the month in which the beneficiary reaches sixty-five years of age; or

    • (d) for the month in which the beneficiary dies.

  • Marginal note:Application for retirement pension deemed to have been made

    (2) Where a disability pension ceases to be payable to a person by reason of his having reached sixty-five years of age, an application under section 60 shall be deemed to have been made by and received from that person, in the month in which he reached that age, for a retirement pension to commence with the month following that month.

  • Marginal note:Effect of receiving a retirement pension

    (3) A person who commences to receive a retirement pension under this Act or under a provincial pension plan is thereafter ineligible to apply or re-apply, at any time, for a disability pension under this Act, except as provided in section 66.1 or in a substantially similar provision of a provincial pension plan, as the case may be.

  • R.S., 1985, c. C-8, s. 70;
  • R.S., 1985, c. 30 (2nd Supp.), s. 39.
Marginal note:Reinstatement of disability pension
  •  (1) Subject to this section, a person who has ceased to receive a disability pension because they have returned to work is entitled to have that disability pension reinstated if, within two years after the month in which they ceased to receive the disability pension, they become incapable again of working.

  • Marginal note:Request for reinstatement

    (2) A request by a person for reinstatement of a disability pension shall be made to the Minister in accordance with the regulations. Subsections 60(2), (4), (5) and (8) to (12) apply to the request, with any modifications that the circumstances require.

  • Marginal note:Consideration and approval of request by Minister

    (3) The Minister shall approve a request made by a person under subsection (2) if the Minister is satisfied that

    • (a) the person has a severe and prolonged mental or physical disability that is the same as, or is related to, the disability that entitled the person to receive the disability pension that is the subject of the request;

    • (b) not more than two years have elapsed from the month in which the person ceased to receive the disability pension to the month when they became incapable again of working; and

    • (c) the person had not reached sixty-five years of age and was not receiving a retirement pension in the month in which they became incapable again of working.

  • Marginal note:Reinstatement of disabled contributor’s child benefit

    (4) On reinstatement of a disability pension under subsection (3), the Minister shall approve the reinstatement of a disabled contributor’s child benefit that had been payable to the child of the person whose disability pension is reinstated if the Minister is satisfied that the child meets the requirements under this Act for payment of a disabled contributor’s child benefit.

  • Marginal note:Notification of decision — disability pension

    (5) The Minister shall in writing inform a person who makes a request for reinstatement of a disability pension of the Minister’s decision whether or not to approve the request.

  • Marginal note:Notification of decision — disabled contributor’s child benefit

    (6) The Minister shall in writing inform a person who has made a request for reinstatement of a disability pension, a child of that person or, in relation to that child, a person or agency referred to in section 75 of the Minister’s decision whether or not to approve a disabled contributor’s child benefit.

  • Marginal note:Application of provisions — disability pension

    (7) The provisions of this Act that apply to a disability pension, except paragraphs 42(2)(b), 44(1)(b) and 44(2)(a) and section 69, apply to a disability pension that is reinstated under this section, with any modifications that the circumstances require.

  • Marginal note:Application of provisions — disabled contributor’s child benefit

    (8) The provisions of this Act that apply to a disabled contributor’s child benefit, except paragraphs 44(1)(e) and 44(2)(a) and subsection 74(2), apply to a disabled contributor’s child benefit that is reinstated under this section, with such modifications as the circumstances require.

  • Marginal note:Amount of disability pension and survivor’s pension

    (9) Despite subsection (7) and subject to any division of unadjusted pensionable earnings under sections 55 to 55.3, the basic monthly amount of a disability pension that is reinstated, and the monthly amount of any survivor’s pension under this Act that is payable to the person whose disability pension is reinstated, shall not be less than the amount that was payable for the month immediately preceding the month in which the pension ceased to be payable, adjusted annually in accordance with subsection 45(2).

  • Marginal note:Commencement of payments

    (10) A disability pension or a contributor’s child benefit that is reinstated pursuant to a request under this section is payable commencing with the month following the month in which the person who made the request under this section became incapable again of working.

  • 2004, c. 22, s. 20.
 
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