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

Act current to 2014-09-29 and last amended on 2013-12-12. Previous Versions

Death Benefit

Marginal note:Payable to estate
  •  (1) Where payment of a death benefit is approved, the Minister shall, except as provided in subsections (2) and (3), pay the death benefit to the estate of the contributor.

  • Marginal note:Exceptions

    (2) The Minister may direct payment of a death benefit in whole or in part to such person or body as is prescribed where

    • (a) he is satisfied, after making reasonable inquiries, that there is no estate;

    • (b) the estate has not applied for the death benefit within the prescribed time interval following the contributor’s death; or

    • (c) the amount of the death benefit is less than the prescribed amount.

  • Marginal note:No double payment

    (3) Where a payment has been made pursuant to subsection (2), the Minister is not liable to make that payment to any subsequent applicant.

  • R.S., 1985, c. C-8, s. 71;
  • R.S., 1985, c. 30 (2nd Supp.), s. 40.

Survivor’s Pension

Marginal note:Commencement of pension
  •  (1) Subject to subsection (2) and section 62, where payment of a survivor’s pension is approved, the pension is payable for each month commencing with the month following

    • (a) the month in which the contributor died, in the case of a survivor who at the time of the death of the contributor had reached thirty-five years of age or was a survivor with dependent children,

    • (b) the month in which the survivor became a survivor who, not having reached sixty-five years of age, is disabled, in the case of a survivor other than a survivor described in paragraph (a), or

    • (c) the month in which the survivor reached sixty-five years of age, in the case of a survivor other than a survivor described in paragraph (a) or (b),

    but in no case earlier than the twelfth month preceding the month following the month in which the application was received.

  • Marginal note:Limitation

    Footnote *(2) In the case of a survivor who was the contributor’s common-law partner and was not, immediately before the coming into force of this subsection, a person described in subparagraph (a)(ii) of the definition “spouse” in subsection 2(1) as that definition read at that time, no survivor’s pension may be paid for any month before the month in which this subsection comes into force.

  • R.S., 1985, c. C-8, s. 72;
  • 2000, c. 12, ss. 54, 64.
Marginal note:Duration of payment
  •  (1) Subject to this Act, a survivor’s 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.

  • Marginal note:Special case

    Footnote *(2) If

    • (a) a contributor died on or after January 1, 1998 but before the coming into force of this subsection, and

    • (b) a survivor’s pension was, immediately before that coming into force, payable to a survivor who had been married to the contributor at the time of the contributor’s death,

    the approval of payment of a survivor’s pension, in respect of that contributor’s death, to a survivor who was the contributor’s common-law partner at the time of the contributor’s death and was not a person described in subparagraph (a)(ii) of the definition “spouse” in subsection 2(1) as that definition read at that time, does not affect the right of the survivor referred to in paragraph (b) to continue to receive the survivor’s pension in accordance with subsection (1).

  • R.S., 1985, c. C-8, s. 73;
  • 2000, c. 12, s. 55.