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

Full Document:  

Act current to 2024-05-01 and last amended on 2023-06-22. Previous Versions

PART IIPensions and Supplementary Benefits (continued)

DIVISION CPayment of Benefits: General Provisions (continued)

Marginal note:Approval of interim benefit

  •  (1) Where application is made for a benefit and payment of the benefit would be approved except that the amount of the benefit cannot be finally calculated at the time the approval would otherwise be given, the Minister may approve payment of an interim benefit in such amount as he may fix and payment of the interim benefit may be made in a like manner as if the benefit had been approved.

  • Marginal note:Adjustment to be made when benefit subsequently approved

    (2) Where an interim benefit has been paid under subsection (1) and payment of a benefit is subsequently approved,

    • (a) if the amount of the interim benefit was less than the amount of the benefit subsequently approved, the beneficiary shall be paid the additional amount that he would have been paid if the benefit had been approved at the time the interim benefit was approved; and

    • (b) if the amount of the interim benefit exceeded the amount of the benefit subsequently approved, the amount paid in excess thereof shall be deducted from subsequent payments of the benefit or otherwise recovered in such manner as the Minister may direct.

  • R.S., c. C-5, s. 60

Marginal note:Where payment approved after month of commencement

  •  (1) Payment of a benefit for each month shall be made at such time during the month as the Minister directs, except that, where payment of a benefit is approved after the end of the month for which the first payment of the benefit is payable under this Part, monthly payments of the benefit shall be made for months commencing with the month following the month in which payment of the benefit is approved and payments of the benefit for months preceding that month for which the benefit is payable under this Part shall be paid in one sum during that month.

  • Marginal note:When benefit deemed to have become payable

    (2) For the purposes of this Act, where a benefit is payable under this Part commencing with any month, the benefit shall be deemed to have become payable at the beginning of that month.

  • R.S., 1985, c. C-8, s. 62
  • R.S., 1985, c. 30 (2nd Supp.), s. 29

Marginal note:Where spouse remarried before survivor’s pension payable

  •  (1) Where a person whose spouse has died remarries at a time when no survivor’s pension is payable to him, no survivor’s pension is payable to that person during the period of his remarriage and if following the death of his spouse of that or any subsequent remarriage a survivor’s pension would be payable to him if he applied for such a pension, his deceased spouse for the purposes of this Act shall be deemed to be his spouse named in the application.

  • Marginal note:Discontinuance of survivor’s pension

    (2) Where a person to whom a survivor’s pension is being paid remarries, the survivor’s pension shall be discontinued commencing with the month following the month in which that person was married.

  • Marginal note:Application for survivor’s pension

    (3) Where the spouse of a person whose survivor’s pension has been discontinued under subsection (2) dies, that person may on application therefor be paid a survivor’s pension equal to the survivor’s pension that was discontinued under subsection (2) or the survivor’s pension that would have been payable by reason of the death of the spouse if no survivor’s pension had been previously payable to that person, whichever is the greater.

  • Marginal note:Payment of pension to former spouse

    (4) Where the marriage of a person whose survivor’s pension has been discontinued under subsection (2) is terminated otherwise than by the death of his spouse, the survivor’s pension previously payable to that person shall thereupon become payable to him.

  • Marginal note:Calculation of basic amount of survivor’s pension

    (5) Where a survivor’s pension payable to a person has been discontinued under subsection (2) and subsequently a survivor’s pension equal to the pension so discontinued becomes payable to that person or the pension so discontinued again becomes payable to him, the basic monthly amount of the pension thereupon payable to that person shall be calculated as though the pension discontinued under subsection (2) had not been discontinued.

  • Marginal note:Only one survivor’s pension payable

    (6) Where, but for this subsection, more than one survivor’s pension would be payable concurrently to a person under this Act, or a survivor’s pension would be payable concurrently to a person under this Act and under a provincial pension plan, only one survivor’s pension shall be payable to that person, the amount of which shall be the greatest or greater of the survivor’s pensions that would, but for this subsection, be payable to that person.

  • Marginal note:Death within 1 year of marriage

    (7) Where a contributor dies within one year after his marriage, no survivor’s pension is payable to his survivor if the Minister is not satisfied that the contributor was at the time of his marriage in such a condition of health as to justify him in having an expectation of surviving for at least one year thereafter.

  • Marginal note:When subsection (7) does not apply

    (7.1) Subsection (7) does not apply if the aggregate of the following periods is one year or more:

    • (a) the period during which the contributor and the survivor had cohabited during the marriage; and

    • (b) the period during which the contributor and the survivor had cohabited in a conjugal relationship immediately before the marriage.

  • Marginal note:Application of subsection (3)

    (8) Subsection (3) applies only to a person who has made an application pursuant to that subsection that is pending on the coming into force of section 63.1.

  • Marginal note:Application of subsection (4)

    (9) Subsection (4) applies only to a person whose marriage is terminated as described in that subsection before the coming into force of section 63.1.

  • Marginal note:Subsection does not apply

    (10) Subsection (5) does not apply in respect of a survivor’s pension that becomes payable pursuant to section 63.1.

  • R.S., 1985, c. C-8, s. 63
  • R.S., 1985, c. 30 (2nd Supp.), s. 30
  • 2000, c. 12, ss. 51, 64, 65(F)

Marginal note:Subsections do not apply

  •  (1) Subsections 63(1) and (2) do not apply to a person who remarries after the coming into force of this section.

  • Marginal note:Application for commencement or reinstatement of survivor’s pension

    (2) Where, before the coming into force of subsection (1),

    • (a) a survivor’s pension that, but for the operation of subsection 63(1), would have become payable to a person did not become payable to the person, or

    • (b) the payment of a survivor’s pension to a person was discontinued under subsection 63(2),

    and the person is not being paid a survivor’s pension at the time that this section comes into force, an application in writing to the Minister for the commencement or reinstatement, as the case may be, of the survivor’s pension may be made by the person or on behalf of the person by such other person as may be prescribed.

  • Marginal note:Commencement of survivor’s pension

    (3) On approval by the Minister of an application referred to in subsection (2), a survivor’s pension is payable to the applicant for each month commencing with the later of

    • (a) the month in which this section comes into force, and

    • (b) the eleventh month preceding the month in which the application is received by the Minister.

  • Marginal note:Basic monthly amount of survivor’s pension

    (4) Where a survivor’s pension becomes payable under this section to a person, the basic monthly amount of the pension shall be calculated in accordance with section 58 as though

    • (a) in the case of a person referred to in paragraph (2)(a), the survivor’s pension that would have become payable to the person but for the operation of subsection 63(1) became payable at the time that it would have become payable but for that subsection; and

    • (b) in the case of a person referred to in paragraph (2)(b), payment of the survivor’s pension to the person had not been discontinued under subsection 63(2).

  • R.S., 1985, c. 30 (2nd Supp.), s. 31

 [Repealed, R.S., 1985, c. 30 (2nd Supp.), s. 32]

Marginal note:Benefit not to be assigned, etc.

  •  (1) A benefit shall not be assigned, charged, attached, anticipated or given as security, and any transaction purporting to assign, charge, attach, anticipate or give as security a benefit is void.

  • Marginal note:Benefit not subject to seizure or execution

    (1.1) A benefit is exempt from seizure and execution, either at law or in equity.

  • Marginal note:Exception

    (2) Notwithstanding subsections (1) and (1.1), where any provincial authority or municipal authority in a province pays a person any advance or assistance or welfare payment for a month or any portion of a month that would not be paid if a benefit under this Act had been paid for that period and subsequently a benefit becomes payable or payment of a benefit may be made under this Act to that person for that period, the Minister may, in accordance with any terms and conditions that may be prescribed, deduct from that benefit and pay to the provincial authority or municipal authority, as the case may be, an amount not exceeding the amount of the advance or assistance or welfare payment paid.

  • Marginal note:Exception

    (3) Despite subsections (1) and (1.1), if an administrator of a disability income program who is approved by the Minister makes a payment under that program to a person for a month or any portion of a month that would not have been made if a benefit under paragraph 44(1)(b) or (h) had been paid to that person for that period and subsequently a benefit becomes payable or payment of a benefit may be made under this Act to that person for that period, the Minister may, in accordance with any terms and conditions that may be prescribed, deduct from that benefit and pay to the administrator an amount not exceeding the amount of the payment made under that program.

  • R.S., 1985, c. C-8, s. 65
  • 1991, c. 44, s. 15
  • 1995, c. 33, s. 29
  • 1997, c. 40, s. 78
  • 2018, c. 12, s. 387

Marginal note:Assignment of retirement pension to spouse or common-law partner

  •  (1) Notwithstanding subsection 65(1) but subject to this section, the Minister may approve the assignment of a portion of a contributor’s retirement pension to the contributor’s spouse or common-law partner, on application in prescribed manner and form by the contributor or the spouse or common-law partner, if the circumstances described in either subsection (6) or (7) exist.

  • (2) [Repealed, 2000, c. 12, s. 52]

  • Marginal note:Agreement or court order not binding on Minister

    (3) Except as provided in subsection (4), where, on or after June 4, 1986, a written agreement between persons subject to an assignment under this section was entered into, or a court order was made, the provisions of that agreement or court order are not binding on the Minister for the purposes of an assignment under this section.

  • Marginal note:Agreement binding on Minister

    (4) Where

    • (a) a written agreement between persons subject to an assignment under this section entered into on or after June 4, 1986 contains a provision that expressly mentions this Act and indicates the intention of the persons that there be no assignment under this section,

    • (b) that provision of the agreement is expressly permitted under the provincial law that governs such agreements,

    • (c) the agreement was entered into before the day of the application for the assignment, and

    • (d) that provision of the agreement has not been invalidated by a court order,

    that provision of the agreement is binding on the Minister and, consequently, the Minister shall not approve an assignment under this section.

  • Marginal note:Minister to notify parties

    (5) The Minister shall, forthwith after receiving an application from one spouse or from one common-law partner for an assignment under this section, notify the other spouse or common-law partner, in prescribed manner, that such an application has been made, and of such other information as the Minister deems necessary.

  • Marginal note:Double assignment

    (6) Where

    • (a) a retirement pension is payable to both spouses or to both common-law partners under this Act, or

    • (b) a retirement pension is payable to one spouse or to one common-law partner under this Act and a retirement pension is payable to the other spouse or common-law partner under a provincial pension plan and an agreement under section 80 provides for an assignment in this circumstance,

    the assignment shall be made in respect of both retirement pensions and, in the case described in paragraph (b), in accordance with the agreement.

  • Marginal note:Single assignment

    (7) Where, in respect of spouses or common-law partners,

    • (a) one is a contributor under this Act and the other is not a contributor under either this Act or a provincial pension plan,

    • (b) a retirement pension is payable under this Act to the contributor, and

    • (c) the non-contributor has reached sixty years of age,

    the assignment shall be made only in respect of the retirement pension of the contributor.

  • Marginal note:Definitions

    (8) In subsection (9),

    first additional joint contributory period

    first additional joint contributory period means the period commencing on January 1, 2019 or with the month in which the elder of the two spouses or of the two common-law partners reaches 18 years of age, whichever is later, and ending

    • (a) if both spouses or common-law partners are contributors, with the month in which the later of their respective first additional contributory periods ends; or

    • (b) if only one spouse or common-law partner is a contributor, with the later of

      • (i) the month in which the contributor’s first additional contributory period ends, and

      • (ii) the earlier of the month in which the non-contributor reaches 70 years of age and the month in which an application for an assignment of a retirement pension is approved; (première période cotisable conjointe supplémentaire)

    joint contributory period

    joint contributory period means the period commencing on January 1, 1966 or with the month in which the elder of the two spouses or of the two common-law partners reaches eighteen years of age, whichever is later, and ending

    • (a) where both spouses or common-law partners are contributors, with the month in which the later of their respective contributory periods ends, or

    • (b) where only one spouse or common-law partner is a contributor, with the later of

      • (i) the month in which the contributor’s contributory period ends, and

      • (ii) the earlier of the month in which the non-contributor reaches seventy years of age and the month in which an application for an assignment of a retirement pension is approved,

    but excluding, where subsection (6) applies, any month that is excluded from the contributory period of both spouses or common-law partners pursuant to paragraph 49(c) or (d); (période cotisable conjointe)

    period of cohabitation

    period of cohabitation has the prescribed meaning, but in all cases shall be deemed to end with the month in which the joint contributory period ends; (période de cohabitation)

    second additional joint contributory period

    second additional joint contributory period means the period commencing on January 1, 2024 or with the month in which the elder of the two spouses or of the two common-law partners reaches 18 years of age, whichever is later, and ending

    • (a) if both spouses or common-law partners are contributors, with the month in which the later of their respective second additional contributory periods ends; or

    • (b) if only one spouse or common-law partner is a contributor, with the later of

      • (i) the month in which the contributor’s second additional contributory period ends, and

      • (ii) the earlier of the month in which the non-contributor reaches 70 years of age and the month in which an application for an assignment of a retirement pension is approved. (deuxième période cotisable conjointe supplémentaire)

  • Marginal note:Portion of pension assignable

    (9) The portion of a contributor’s retirement pension to be assigned to the contributor’s spouse or common-law partner under this section is an amount equal to the aggregate of

    • (a) an amount calculated by multiplying

      • (i) the amount of the portion of the contributor’s retirement pension calculated as provided in paragraph 46(1)(a) and adjusted in accordance with section 45, by

      • (ii) 50% of the ratio that the number of months in the period of cohabitation bears to the number of months in the joint contributory period,

    • (b) an amount calculated by multiplying

      • (i) the amount of the portion of the contributor’s retirement pension, calculated as provided in paragraph 46(1)(b) and adjusted in accordance with section 45, by

      • (ii) 50% of the ratio that the number of months in the period of cohabitation bears to the number of months in the first additional joint contributory period, and

    • (c) an amount calculated by multiplying

      • (i) the amount of the portion of the contributor’s retirement pension, calculated as provided in paragraph 46(1)(c) and adjusted in accordance with section 45, by

      • (ii) 50% of the ratio that the number of months in the period of cohabitation bears to the number of months in the second additional joint contributory period.

  • Marginal note:When assignment commences

    (10) An assignment under this section commences with the month following the month in which the application for the assignment is approved.

  • Marginal note:When assignment ceases

    (11) An assignment under this section ceases with the earliest of

    • (a) the month in which either spouse or either common-law partner dies,

    • (b) the twelfth month following the month in which the spouses or the common-law partners commence to live separate and apart within the meaning of paragraphs 55.1(2)(a) and (b) (and in those paragraphs a reference to “persons subject to a division” shall be read as a reference to “spouses or common-law partners”),

    • (c) where subsection (7) applies, the month in which the non-contributor spouse or the non-contributor common-law partner becomes a contributor,

    • (d) the month in which a decree absolute of divorce, a judgment granting a divorce under the Divorce Act or a judgment of nullity of a marriage is issued, and

    • (e) the month following the month in which the Minister approves a request or requests in writing from both spouses or both common-law partners that the assignment be cancelled.

  • Marginal note:Request for reinstatement

    (11.1) Where paragraph (11)(e) applies, either spouse or either common-law partner may make a request in writing to the Minister to have the assignment reinstated.

  • Marginal note:When reinstatement effective

    (11.2) An assignment shall be reinstated on the first day of the month following the month in which the Minister approves the request referred to in subsection (11.1).

  • Marginal note:Notification of assignment

    (12) On approval by the Minister of an assignment under this section, both spouses or both common-law partners shall be notified in the prescribed manner.

  • R.S., 1985, c. 30 (2nd Supp.), s. 33
  • 1991, c. 44, s. 16
  • 1995, c. 33, s. 30
  • 1997, c. 40, s. 79
  • 2000, c. 12, s. 52
  • 2016, c. 14, s. 34
 

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