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

Act current to 2015-07-09 and last amended on 2015-06-18. Previous Versions

Marginal note:Request to cancel benefit
  •  (1) A beneficiary may, in prescribed manner and within the prescribed time interval after payment of a benefit has commenced, request cancellation of that benefit.

  • Marginal note:Exception

    (1.1) Subsection (1) does not apply to the cancellation of a retirement pension in favour of a disability benefit where an applicant for a disability benefit under this Act or under a provincial pension plan is in receipt of a retirement pension and the applicant is deemed to have become disabled for the purposes of entitlement to the disability benefit in or after the month for which the retirement pension first became payable.

  • Marginal note:Effect of cancellation

    (2) Where a request made under subsection (1) or under a substantially similar provision of a provincial pension plan is granted and the amount of the benefits paid is repaid within the prescribed time or, in the case of a provincial pension plan, the time provided thereunder, that benefit shall be deemed for all purposes of this Act not to have been payable during the period in question.

  • R.S., 1985, c. 30 (2nd Supp.), s. 35;
  • 1997, c. 40, s. 81.

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.