Salary and Wages on which a Contribution has been made under a Provincial Pension Plan
41. For the purposes of clause 53(b)(ii)(A) of the Act, the salary and wages on which a contribution has been made for the year by a contributor under a provincial pension plan is an amount equal to the aggregate of all contributions required to be made by the contributor in that year under the provincial pension plan in respect of salary and wages, multiplied by 100 and divided,
(a) in respect of the year 1992, by 2.4;
(b) in respect of the year 1993, by 2.5;
(c) in respect of the year 1994, by 2.6;
(d) in respect of the year 1995, by 2.7; and
(e) in respect of the year 1996, by 2.8.
- SOR/86-1133, s. 2;
- SOR/96-522, s. 5.
Recovery by Deductions of Amounts to Which Recipient not Entitled
42. For the purpose of subsection 66(2.1) of the Act, an amount of indebtedness that is owing may be deducted and retained out of the whole or any portion of a benefit that is payable to the person or the person’s estate or succession, under this Act or any other Act or program administered by the Minister, that will recover the overpayment in a single payment or in instalments, in any amount that does not cause undue hardship to the person or the person’s estate or succession.
- SOR/90-829, s. 13;
- SOR/96-522, s. 6;
- SOR/99-192, s. 2.
Application for Benefits, for Assignment of a Retirement Pension and for Division of Unadjusted Pensionable Earnings
43. (1) An application for a benefit, for a division of unadjusted pensionable earnings under section 55 or 55.1 of the Act or for an assignment of a portion of a retirement pension under section 65.1 of the Act shall be made in writing at any office of the Department of Human Resources Development or the Department of Human Resources and Skills Development.
(1.1) Where an application for a disability pension has been denied, and the applicant has reached 60 years of age between the time of the application and the time of its denial or would have been entitled to a retirement pension if he had applied therefor at the time of application for the disability pension, that application shall, on request made by or on behalf of the applicant, be deemed to be an application for a retirement pension if the request is made
(a) in writing at the location of any office of the Department of Human Resources Development; and
(b) within 90 days following the month in which the applicant is notified of the denial or, where the denial is finally confirmed on appeal, within 90 days after the day on which the applicant is notified of the confirmation.
(2) Where by reason of section 80 of the Act and an agreement under that section with a province providing a comprehensive pension plan the whole amount of any benefit payable to an applicant is deemed to be payable under that plan or where the division of unadjusted pensionable earnings can be determined under that plan in accordance with the agreement, the Minister shall, as soon as possible after an application is received, forward the application, together with a statement of the date on which it was received, to the authority charged under that plan with the duty of receiving applications, calculating the division of unadjusted pensionable earnings and paying benefits.
- SOR/79-751, s. 1(E);
- SOR/86-1133, s. 3;
- SOR/89-345, s. 2;
- SOR/90-829, s. 14;
- SOR/93-290, s. 1;
- SOR/96-522, ss. 23, 24;
- SOR/2004-249, s. 2.
- Date modified: