Marginal note:Pension of surviving spouse
7. (1) Where a contributor who has ceased to hold office as the lieutenant governor of a province but who is entitled to be paid an immediate pension or a deferred pension under section 3 dies, his surviving spouse, if that person was his spouse at the time he ceased to hold office as the lieutenant governor of a province, shall be paid a pension equal to one-half of the immediate pension or deferred pension to which the contributor was entitled under that section.
(2) Where a contributor who has, pursuant to subsection 4(2), ceased to be required to contribute pursuant to subsection 4(1) dies while holding office as the lieutenant governor of a province, his surviving spouse shall be paid a pension equal to one-half of the immediate pension or deferred pension to which the contributor would have become entitled under section 3 had he, immediately prior to his death, ceased, for any reason other than death, to hold office as the lieutenant governor of the province.
Marginal note:Commencement of pension to surviving spouse
(3) A pension that is payable under this section to the surviving spouse of a contributor commences to be payable immediately after the death of the contributor.
- 1974-75-76, c. 73, s. 6.
Marginal note:Return of contributions to surviving spouse
8. Where a contributor dies while holding office as the lieutenant governor of a province and his surviving spouse is not entitled to a pension under section 7, his surviving spouse shall be paid the total amount of the contributions made by the contributor under this Part, together with interest, if any, calculated pursuant to subsection 3(5).
- 1974-75-76, c. 73, s. 7.
Marginal note:Election for former Lieutenant Governor
8.1 (1) If the person to whom a former Lieutenant Governor is married or with whom he or she is cohabiting in a relationship of a conjugal nature, having so cohabited for a period of at least one year, would not be entitled to a pension under section 7 in the event of the former Lieutenant Governor’s death, the former Lieutenant Governor may make an election, in accordance with the regulations, to reduce the amount of the pension to which he or she is entitled in order that the person could become entitled to a pension under subsection (2).
(2) A person referred to in subsection (1) is entitled to a pension in an amount determined in accordance with the election and the regulations if the former Lieutenant Governor dies and the election is not revoked or deemed to have been revoked, and the person was married to the former Lieutenant Governor at the time of his or her death, or was cohabiting with the former Lieutenant Governor in a relationship of a conjugal nature for a period of at least one year immediately before his or her death.
Marginal note:No entitlement
(3) A person who is entitled to receive a pension under section 7 after the former Lieutenant Governor’s death is not entitled to a pension under subsection (2) in respect of that former Lieutenant Governor.
- 2000, c. 12, s. 174;
- 2004, c. 16, s. 18.
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