Pension Act (R.S.C., 1985, c. P-6)

Marginal note:Payments to surviving spouse or child pending consideration of claim

57. On the death of a member of the forces who was, at the time of death, in receipt of a pension and in respect of whom an additional pension for a surviving spouse or child is payable pending consideration of a claim from the surviving spouse or child or both for a pension on account of the death, payment of an amount equal to the pension payable with respect to the death of that member shall be made to the surviving spouse or child or both for a period not exceeding one month, which amount shall be refunded if the pension is eventually awarded or to be set off against the amount of any payment thereof.

58. and 59. [Repealed, 1989, c. 6, s. 32]

Marginal note:Recovery of lump sum pursuant to repealed provision

59.1 Where, before the coming into force of this section, a spouse or other person was paid an amount as a final payment pursuant to section 59 as that section read from time to time before the coming into force of this section, the Minister may retain that amount by way of deduction from any subsequent payments on account of the resumption of a pension pursuant to subsection 36(1) of the Statute Law (Superannuation) Amendment Act.

60. to 63. [Repealed, 2000, c. 34, s. 32]

Marginal note:Persons who served in allied forces or merchant navies in World War I

• 64. (1) Subject to subsection (2) and subsections 68(1) and (3), the benefits of this Act, in so far as those benefits or equivalent benefits are not provided under the laws or regulations of members of the Commonwealth, other than Canada, or under the laws and regulations of the several countries allied with His Majesty,

  • (a) shall be conferred on all persons domiciled in Canada on the date of commencement of World War I who, subsequent to that date, served in the naval, army or air forces or the merchant navy of any of those members of the Commonwealth, or in any of the forces or the merchant navy of any of the countries allied with His Majesty and who, while so serving during that War, suffered disability or death in respect of which a gratuity or pension has been awarded under the laws or regulations of any of those countries, or

  • (b) may be conferred on all persons domiciled in Canada on the date of commencement of World War I who, subsequent to that date, served in the naval, army or air forces or the merchant navy of any of those members of the Commonwealth, or in any of the forces or the merchant navy of any of the countries allied with His Majesty and who, while so serving during that War, suffered disability or death

    • (i) in respect of which an application for a gratuity or pension has been made and considered, but no gratuity or pension has been awarded, under the laws or regulations of any of those countries, and

    • (ii) that would have been pensionable under this Act if those persons had been members of the forces while so serving during that War,

  and the survivors, children and other dependants of the persons described in paragraphs (a) and (b) on whom the benefits of this Act are conferred are entitled to the benefits of this Act in so far as those benefits or equivalent benefits are not provided in respect of them under the laws or regulations of any of those countries.

• Marginal note:Qualification

  (2) Payments may be made under this section only to or in respect of a person who has been a resident of Canada for at least one year since the date of the disability or death in respect of which

  • (a) the gratuity or pension referred to in paragraph (1)(a) was awarded; or

  • (b) the application referred to in paragraph (1)(b) was made.