Pension Act (R.S.C., 1985, c. P-6)

Marginal note:Apportionment of pension

• 55. (1) The Minister may apportion a pension among several pensionable applicants and any such apportionment may from time to time be reviewed and varied.

• Marginal note:Varying apportionment

  (2) On the discontinuance or reduction of a pension to one of the pensioners referred to in subsection (1), the pension awarded to any other such pensioner may be continued or increased if the total pension paid to the several pensioners does not exceed the amount prescribed in the schedules or determined pursuant to subsection 45(3), whichever amount is applicable.

Marginal note:Date from which death pension payable

• 56. (1) Pensions awarded with respect to the death of a member of the forces shall be payable with effect as follows:

  • (a) to or in respect of the member’s survivor or child, or to the member’s parent or any person in place of a parent who was wholly or to a substantial extent maintained by the member at the time of the member’s death, if an additional pension referred to in paragraph 21(1)(a) or (2)(a) was at the time of death being paid in respect of that person or that person is awarded a pension under paragraph 21(1)(b) or (2)(b),

    • (i) where a pension is awarded on a date less than three years after the date of death, from the day following the date of death, or

    • (ii) where a pension is awarded on a date three years or more after the date of death, from a date three years prior thereto;

  • (a.1) to or in respect of the member’s survivor or child, or to the member’s parent or any person in place of a parent who was wholly or to a substantial extent maintained by the member at the time of the member’s death, if no additional pension referred to in paragraph 21(1)(a) or (2)(a) was at the time of death being paid in respect of that person or that person is awarded a pension under section 48, from the later of

    • (i) the day on which application for the pension was first made, and

    • (ii) a day three years prior to the day on which the pension was awarded with respect to the death of the member;

  • (a.2) [Repealed, 2000, c. 34, s. 31]

  • (b) to a parent or person in place of a parent who was not wholly or to a substantial extent maintained by the member at the time of the member’s death, from a day to be fixed in each case by the Minister; and

  • (c) in respect of a posthumous child of the member, from the date of the child’s birth.

• Marginal note:Date from which increase in death pension payable

  (1.1) Where a pension has been awarded with respect to the death of a member of the forces, an increase in that pension awarded under section 49 shall be payable with effect as follows:

  • (a) to or in respect of the member’s survivor or child, or to the member’s parent or any person in place of a parent who was wholly or to a substantial extent maintained by the member at the time of the member’s death, whether or not an additional pension referred to in paragraph 21(1)(a) or (2)(a) was at the time of death being paid in respect of that person, the later of

    • (i) the day on which application for the increase was first made, and

    • (ii) a day three years prior to the day on which the increase was awarded; and

  • (b) to a parent or person in place of a parent who was not wholly or to a substantial extent maintained by the member at the time of the member’s death, from a day to be fixed in each case by the Minister.

• Marginal note:Additional award

  (2) Notwithstanding subsections (1) and (1.1), where a pension is awarded with respect to the death of a member of the forces, or an increase to that pension is awarded, and the Minister or, in the case of a review or an appeal under the Veterans Review and Appeal Board Act, the Veterans Review and Appeal Board is of the opinion that the pension or the increase, as the case may be, should be awarded from a day earlier than the day prescribed by subsection (1) or (1.1) by reason of delays in securing service or other records or other administrative difficulties beyond the control of the applicant, the Minister or Veterans Review and Appeal Board may make an additional award to the pensioner in an amount not exceeding an amount equal to two years pension or two years increase in pension, as the case may be.