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

Full Document:  

Act current to 2019-06-20 and last amended on 2018-12-15. Previous Versions

PART IIPensions and Supplementary Benefits (continued)

DIVISION BCalculation of Benefits (continued)

Death Benefit

Marginal note:Amount of death benefit

  •  (1) A death benefit payable to the estate or succession of a contributor is a lump sum amount equal to

    • (a) if the contributor’s death occurs before January 1, 2019, the lesser of

      • (i) six times the amount of the contributor’s retirement pension, calculated as provided in subsection (2), and

      • (ii) ten per cent of the Year’s Maximum Pensionable Earnings for the year in which the contributor died; or

    • (b) if the contributor’s death occurs after December 31, 2018, $2,500.

  • Marginal note:Maximum in cases of death after December 31, 1997

    (1.1) Despite paragraph 57(1)(a), when the contributor’s death occurs after December 31, 1997, the lump sum referred to in that paragraph shall not exceed $2,500.

  • Marginal note:Calculation of contributor’s retirement pension

    (2) The amount of the contributor’s retirement pension to be used for the purposes of paragraph (1)(a) is

    • (a) in the case of a contributor who died before January 1, 1987 and to whom a retirement pension was payable for the month in which he died, the amount of such pension for that month, but where that contributor’s contributory period ended before January 1976, the amount is the amount of the retirement pension payable for the month in which he died multiplied by the ratio that the basic number of contributory months bears to the number of months in the contributor’s contributory period;

    • (b) in the case of a contributor who died before January 1, 1987 and to whom no retirement pension was payable for the month in which he died, an amount equal to twenty-five per cent of his average monthly pensionable earnings, calculated as provided in sections 46 to 53 except that, in making that calculation,

      • (i) subsections 46(3) to (6) and section 47 are not applicable,

      • (ii) subsection 48(1) shall be read as follows:

        • “48 (1) Subject to subsections (2), (3) and (4), the average monthly pensionable earnings of a contributor are an amount calculated by dividing his total pensionable earnings by the total number of months in his contributory period.”, and

      • (iii) section 51 shall be read as though for the reference therein to the year in which a benefit becomes payable to the contributor there were substituted a reference to the year in which the contributor died; and

    • (c) in the case of a contributor who died on or after January 1, 1987,

      • (i) where a retirement pension was not payable for the month in which the contributor died, an amount equal to twenty-five per cent of his average monthly pensionable earnings, calculated as provided in subsection (3), or

      • (ii) where a retirement pension was payable for the month in which the contributor died, the product obtained by multiplying

        • (A) an amount equal to twenty-five per cent of his average monthly pensionable earnings, calculated as provided in subsection (3),

        by

        • (B) the ratio that the Pension Index for the year that includes that month bears to the Pension Index for the year in which the retirement pension first became payable, calculated, where the year in which the retirement pension first became payable was prior to 1974, as if the Pension Index for that year had not been subject to the limitation referred to in paragraph 43.1(2)(a) of the Canada Pension Plan, chapter C-5 of the Revised Statutes of Canada, 1970, of 1.02 times the Pension Index for the preceding year.

  • Marginal note:Calculation of average monthly pensionable earnings

    (3) Subject to subsections 48(2), (3) and (4), the average monthly pensionable earnings of a contributor is an amount calculated by dividing his total pensionable earnings by the total number of months in his contributory period or by thirty-six, whichever is greater, and

    • (a) in the case of a contributor to whom a retirement pension was payable for the month in which he died, section 51 applies; or

    • (b) in the case of a contributor to whom no retirement pension was payable for the month in which he died, section 51 applies but the reference therein to the year in which a benefit becomes payable to the contributor shall be read as a reference to the year in which the contributor died.

  • R.S., 1985, c. C-8, s. 57
  • R.S., 1985, c. 30 (2nd Supp.), s. 25
  • 1991, c. 44, s. 11
  • 1997, c. 40, s. 75
  • 2018, c. 12, s. 382

Survivor’s Pension

Marginal note:Amount of survivor’s pension

  •  (1) Subject to this section, a survivor’s pension payable to the survivor of a contributor is a basic monthly amount as follows:

    • (a) in the case of a survivor who has not reached 65 years of age and to whom no retirement pension is payable under this Act or a provincial pension plan, for any month before January 2019, a basic monthly amount consisting of

      • (i) a flat rate benefit, calculated as provided in subsection (1.1), and

      • (ii) 37.5% of the amount of the contributor’s retirement pension, which amount is calculated as the aggregate of

        • (A) the amount calculated as provided in subsection (3),

        • (B) the amount calculated as provided in subsection (3.1), and

        • (C) the amount calculated as provided in subsection (3.4),

      reduced, unless the survivor was at the time of the death of the contributor a survivor with dependent children or unless he is disabled, by 1/120 for each month by which the age of the survivor at the time of the death of the contributor is less than forty-five years, and reduced, if at any time after the death of the contributor the survivor ceases to be

      • (iii) a survivor with dependent children and is not at that time disabled, or

      • (iv) disabled and is not at that time a survivor with dependent children,

      by 1/120 for each month by which the age of the survivor at that time is less than forty-five years;

    • (a.1) in the case of a survivor who has not reached 65 years of age and to whom no retirement pension is payable under this Act or a provincial pension plan, for any month after December 2018, a basic monthly amount consisting of

      • (i) a flat rate benefit, calculated as provided in subsection (1.1), and

      • (ii) 37.5% of the amount of the contributor’s retirement pension, which amount is calculated as the aggregate of

        • (A) the amount calculated as provided in subsection (3),

        • (B) the amount calculated as provided in subsection (3.1), and

        • (C) the amount calculated as provided in subsection (3.4); and

    • (b) in the case of a survivor who has reached 65 years of age and to whom no retirement pension is payable under this Act or a provincial pension plan, a basic monthly amount equal to 60% of the amount of the contributor’s retirement pension, which amount is calculated as the aggregate of

      • (i) the amount calculated as provided in subsection (3),

      • (ii) the amount calculated as provided in subsection (3.1), and

      • (iii) the amount calculated as provided in subsection (3.4).

  • Marginal note:Amount of flat rate benefit

    (1.1) The amount of the flat rate benefit referred to in subparagraphs (1)(a)(i) and (a.1)(i) is

    • (a) in the year 1986, ninety-one dollars and six cents; or

    • (b) in the year 1987 or any subsequent year, an amount calculated by multiplying

      • (i) the amount of the flat rate benefit that would have been payable for a month in the year preceding that year

      by

      • (ii) the ratio that the Pension Index for the year in which the flat rate benefit commences to be payable bears to the Pension Index for the year preceding that year.

  • Marginal note:Calculation of survivor’s pension where retirement pension payable

    (2) Where a survivor’s pension under this Act and a retirement pension under this Act or under a provincial pension plan are payable to the survivor of a contributor, the basic monthly amount of the survivor’s pension payable to the survivor is

    • (a) in the case of a survivor who has not reached sixty-five years of age and whose retirement pension commences to be payable after December 31, 1997, the aggregate of

      • (i) the aggregate of

        • (A) a flat rate benefit, calculated as provided in subsection (1.1), or, if a post-retirement disability benefit is payable to the survivor, the greater of

          • (I) the flat rate benefit, and

          • (II) the post-retirement disability benefit, and

        • (B) the lesser of

          • (I) the amount determined by the formula

            C – D

            where

            C
            is 37.5% of the amount of the portion of the contributor’s retirement pension, which amount is calculated as provided in subsection (3), and
            D
            is the lesser of
            • (1) 40% of C, and

            • (2) 40% of the amount of the portion of the survivor’s retirement pension, which amount is calculated as provided in paragraph 46(1)(a), without regard to subsections 46(3) to (6), and adjusted in accordance with subsection 45(2), and

          • (II) an amount that, when added to the amount of the portion of the survivor’s retirement pension that is calculated as provided in paragraph 46(1)(a), without regard to subsections 46(3) to (6), and adjusted in accordance with subsection 45(2), is equal to the amount of a benefit of 25% of 1/12 of the survivor’s Maximum Pensionable Earnings Average for the later of the year in which the survivor first became qualified to receive the survivor’s pension and the year in which the survivor’s retirement pension commenced to be payable, adjusted in accordance with subsection 45(2) as if the benefit had commenced to be payable in the later of the year in which the survivor first became qualified to receive the survivor’s pension and the year in which the survivor’s retirement pension commenced to be payable,

      • (ii) the amount determined by the formula

        C – D

        where

        C
        is 37.5% of the amount of the portion of the contributor’s retirement pension, which amount is calculated as provided in subsection (3.1), and
        D
        is the lesser of
        • (1) 40% of C, and

        • (2) 40% of the amount of the portion of the survivor’s retirement pension, which amount is calculated as provided in paragraph 46(1)(b), without regard to subsections 46(3.1) to (6), and adjusted in accordance with subsection 45(2), and

      • (iii) the amount determined by the formula

        C – D

        where

        C
        is 37.5% of the amount of the portion of the contributor’s retirement pension, which amount is calculated as provided in subsection (3.4), and
        D
        is the lesser of
        • (1) 40% of C, and

        • (2) 40% of the amount of the portion of the survivor’s retirement pension, which amount is calculated as provided in paragraph 46(1)(c), without regard to subsections 46(3.1) to (6) and adjusted in accordance with subsection 45(2);

    • (b) in the case of a survivor who has not reached sixty-five years of age and whose retirement pension commences to be payable before January 1, 1998, the aggregate of

      • (i) a flat rate benefit, calculated as provided in subsection (1.1), and

      • (ii) the lesser of

        • (A) 37.5% of the amount of the contributor’s retirement pension, calculated as provided in subsection (3), and

        • (B) an amount that, when added to the survivor’s retirement pension (calculated without regard to subsections 46(3) to (6) but in accordance with subsection 45(2)), is equal to the amount of a benefit of 25% of 1/12 of the average of the Year’s Maximum Pensionable Earnings for the later of the year in which the survivor first became qualified to receive the survivor’s pension and the year in which the survivor’s retirement pension commenced to be payable, and for each of the two preceding years, adjusted in accordance with subsection 45(2) as if the benefit had commenced to be payable in the later of the year in which the survivor first became qualified to receive the survivor’s pension and the year in which the survivor’s retirement pension commenced to be payable; or

    • (c) in the case of a survivor who has reached 65 years of age and who was born after December 31, 1932 and whose retirement pension commences to be payable after December 31, 1997, the aggregate of

      • (i) the lesser of

        • (A) the amount determined by the formula

          A – B

          where

          A
          is 60% of the amount of the portion of the contributor’s retirement pension, which amount is calculated as provided in subsection (3), and
          B
          is the lesser of
          • (I) 40% of A, and

          • (II) 40% of the amount of the portion of the survivor’s retirement pension, which amount is calculated as provided in paragraph 46(1)(a), without regard to subsections 46(3) to (6), and adjusted in accordance with subsection 45(2), and

        • (B) an amount that, when added to the amount of the portion of the survivor’s retirement pension that is calculated as provided in paragraph 46(1)(a), without regard to subsections 46(3) to (6), and adjusted in accordance with subsection 45(2), is equal to the amount of a benefit of 25% of 1/12 of the survivor’s Maximum Pensionable Earnings Average for the later of the year in which the survivor first became qualified to receive the survivor’s pension and the year in which the survivor’s retirement pension commenced to be payable, adjusted in accordance with subsection 45(2) as if the benefit had commenced to be payable in the later of the year in which the survivor first became qualified to receive the survivor’s pension and the year in which the survivor’s retirement pension commenced to be payable,

      • (ii) the amount determined by the formula

        A – B

        where

        A
        is 60% of the amount of the portion of the contributor’s retirement pension, which amount is calculated as provided in subsection (3.1), and
        B
        is the lesser of
        • (I) 40% of A, and

        • (II) 40% of the amount of the portion of the survivor’s retirement pension, which amount is calculated as provided in paragraph 46(1)(b), without regard to subsections 46(3.1) to (6), and adjusted in accordance with subsection 45(2), and

      • (iii) the amount determined by the formula

        A – B

        where

        A
        is 60% of the amount of the portion of the contributor’s retirement pension, which amount is calculated as provided in subsection (3.4), and
        B
        is the lesser of
        • (I) 40% of A, and

        • (II) 40% of the amount of the portion of the survivor’s retirement pension, which amount is calculated as provided in paragraph 46(1)(c), without regard to subsections 46(3.1) to (6), and adjusted in accordance with subsection 45(2);

      or

    • (d) in any other case, the aggregate of

      • (i) the lesser of

        • (A) 60% of the amount of the portion of the contributor’s retirement pension, which amount is calculated as provided in subsection (3), and

        • (B) an amount that, when added to the amount of the portion of the survivor’s retirement pension that is calculated as provided in paragraph 46(1)(a), without regard to subsections 46(3) to (6), and adjusted in accordance with subsection 45(2), is equal to the amount of a benefit of 25% of 1/12 of the average of the Year’s Maximum Pensionable Earnings for the later of the year in which the survivor first became qualified to receive the survivor’s pension and the year in which the survivor’s retirement pension commenced to be payable, and for each of the two preceding years, adjusted in accordance with subsection 45(2) as if the benefit had commenced to be payable in the later of the year in which the survivor first became qualified to receive the survivor’s pension and the year in which the survivor’s retirement pension commenced to be payable,

      • (ii) 60% of the amount of the portion of the contributor’s retirement pension, which amount is calculated as provided in subsection (3.1), and

      • (iii) 60% of the amount of the portion of the contributor’s retirement pension, which amount is calculated as provided in subsection (3.4).

  • Marginal note:Calculation of portion of contributor’s retirement pension

    (3) The amount of the portion of the contributor’s retirement pension that is to be used for the purposes of subsections (1) and (2) is an amount calculated as provided in paragraph 57(2)(a), (b) or (c), multiplied, for the purpose of calculating the monthly amount of the survivor’s pension for months commencing with the month in which

    • (a) a survivor’s pension became payable to the survivor by reason of a disability that began after the death of the contributor,

    • (b) the survivor reached sixty-five years of age, not having reached that age at the time of the death of the contributor,

    • (c) the survivor’s pension under this Act or the survivor’s retirement pension under this Act or a provincial pension plan commenced to be payable, whichever is the later,

    • (d) a survivor’s pension became payable to the survivor under this Act in circumstances other than those described in paragraph (a), (b) or (c), or

    • (e) the survivor has had an adjustment to the survivor’s retirement pension pursuant to subsection 55(7) or 55.2(9) following a division of unadjusted pensionable earnings,

    by the ratio that the Pension Index for the year that includes that month bears to the Pension Index for the year in which the contributor died.

  • Marginal note:Calculation of portion of contributor’s retirement pension

    (3.1) The amount of the portion of the contributor’s retirement pension that is to be used for the purposes of subsections (1) and (2) is an amount calculated as provided in subsection (3.2), multiplied, for the purpose of calculating the monthly amount of the survivor’s pension for months commencing with the month in which one of the events described in paragraphs 3(a) to (e) has occurred, by the ratio that the Pension Index for the year that includes that month bears to the Pension Index for the year in which the contributor died.

  • Marginal note:Calculation for purpose of subsection (3.1)

    (3.2) The amount to be calculated for the purpose of subsection (3.1) is equal to

    • (a) if a retirement pension was not payable for the month in which the contributor died, an amount equal to 8.33% of their first additional monthly pensionable earnings, or

    • (b) if a retirement pension was payable for the month in which the contributor died, an amount equal to the product obtained by multiplying

      • (i) an amount equal to 8.33% of their first additional monthly pensionable earnings,

      by

      • (ii) the ratio that the Pension Index for the year that includes that month bears to the Pension Index for the year in which the retirement pension first became payable.

  • Marginal note:Calculation of first additional monthly pensionable earnings

    (3.3) For the purpose of subsection (3.2), the first additional monthly pensionable earnings of a contributor are an amount calculated as provided in section 48.1, and

    • (a) in the case of a contributor to whom a retirement pension was payable for the month in which they died, section 51 applies; or

    • (b) in the case of a contributor to whom no retirement pension was payable for the month in which they died, section 51 applies but the reference in that section to the year in which a benefit becomes payable to the contributor is to be read as a reference to the year in which the contributor died.

  • Marginal note:Calculation of portion of contributor’s retirement pension

    (3.4) The amount of the portion of the contributor’s retirement pension that is to be used for the purposes of subsections (1) and (2) is an amount calculated as provided in subsection (3.5), multiplied, for the purpose of calculating the monthly amount of the survivor’s pension for months commencing with the month in which one of the events described in paragraphs 3(a) to (e) has occurred, by the ratio that the Pension Index for the year that includes that month bears to the Pension Index for the year in which the contributor died.

  • Marginal note:Calculation for purpose of subsection (3.4)

    (3.5) The amount that is to be calculated for the purpose of subsection (3.4) is equal to

    • (a) if a retirement pension was not payable for the month in which the contributor died, an amount equal to 33.33% of their second additional monthly pensionable earnings, or

    • (b) if a retirement pension was payable for the month in which the contributor died, an amount equal to the product obtained by multiplying

      • (i) an amount equal to 33.33% of their second additional monthly pensionable earnings,

      by

      • (ii) the ratio that the Pension Index for the year that includes that month bears to the Pension Index for the year in which the retirement pension first became payable.

  • Marginal note:Calculation of second additional monthly pensionable earnings

    (3.6) For the purpose of subsection (3.5), the second additional monthly pensionable earnings of a contributor are an amount calculated as provided in section 48.2, and

    • (a) in the case of a contributor to whom a retirement pension was payable for the month in which they died, section 51 applies; or

    • (b) in the case of a contributor to whom no retirement pension was payable for the month in which they died, section 51 applies but the reference in that section to the year in which a benefit becomes payable to the contributor is to be read as a reference to the year in which the contributor died.

  • Marginal note:Pension Index limitation removed

    (4) For the purpose of calculating the monthly amount of a survivor’s pension under subsection (3) in a case where the survivor’s pension commences with a month in a year after 1973 and is in respect of a contributor who died prior to 1974, the ratio referred to in that subsection shall be calculated as if the Pension Index for the year in which the contributor died had not been subject to the limitation referred to in paragraph 43.1(2)(a) of the Canada Pension Plan, chapter C-5 of the Revised Statutes of Canada, 1970, of 1.02 times the Pension Index for the preceding year.

  • Marginal note:Calculation of amount of retirement pension to survivor

    (5) For the purposes of subsection (2), the monthly amount of the retirement pension payable to the survivor of a contributor shall be calculated without regard to any provision of the provincial pension plan referred to in that subsection that reduces the pensions of contributors who have reached sixty-five years of age or precludes the payment of pensions to those contributors by reason of their employment earnings.

  • Marginal note:Calculation of disability pension where survivor’s pension payable

    (6) Subject to subsection (6.1), where a survivor’s pension under this Act and a disability pension under this Act are payable to the survivor of a contributor and either the date of death of the contributor or the date on which the survivor is deemed to have become disabled for the purposes of this Act is after December 31, 1997, the amount of the disability pension is an amount that, when added to the amount of the survivor’s pension for a month in the year in which the survivor’s pension or the disability pension commenced to be payable, whichever is the later, equals the aggregate of

    • (a) the aggregate of

      • (i) the greater of

        • (A) the flat rate benefit payable under subparagraph (1)(a)(i) or (a.1)(i), and

        • (B) the flat rate benefit payable under paragraph 56(1)(a), and

      • (ii) the lesser of

        • (A) the aggregate of

          • (I) the greater of

            1 the amount that would have been payable under subparagraph (1)(a)(ii) or (a.1)(ii) if the amounts referred to in clauses (1)(a)(ii)(B) and (C) or (a.1)(ii)(B) and (C) had not been included in the calculation made under that subparagraph, and

            2 the amount that would have been payable under paragraph 56(1)(b) if the amounts referred to in subparagraphs 56(1)(b)(ii) and (iii) had not been included in the calculation made under that paragraph, and

          • (II) 60% of the lesser of the amount described in sub-subclause (I)(1) and the amount described in sub-subclause (I)(2), and

        • (B) 75% of the amount of a benefit of 25% of 1/12 of the survivor’s Maximum Pensionable Earnings Average for the later of the year in which the survivor first became qualified to receive the survivor’s pension and the year in which the survivor’s disability pension commenced to be payable, adjusted in accordance with subsection 45(2) as if the benefit had commenced to be payable in the later of the year in which the survivor first became qualified to receive the survivor’s pension and the year in which the survivor’s disability pension commenced to be payable,

    • (b) the aggregate of

      • (i) the greater of

        • (A) the amount that would have been payable under subparagraph (1)(a)(ii) or (a.1)(ii) if the amounts referred to in clauses (1)(a)(ii)(A) and (C) or (a.1)(ii)(A) and (C) had not been included in the calculation made under that subparagraph, and

        • (B) the amount that would have been payable under paragraph 56(1)(b) if the amounts referred to in subparagraphs 56(1)(b)(i) and (iii) had not been included in the calculation made under that paragraph, and

      • (ii) 60% of the lesser of the amount described in subclause (A) and the amount described in subclause (B), and

    • (c) the aggregate of

      • (i) the greater of

        • (A) the amount that would have been payable under subparagraph (1)(a)(ii) or (a.1)(ii) if the amounts referred to in clauses (1)(a)(ii)(A) and (B) or (a.1)(ii)(A) and (B) had not been included in the calculation made under that subparagraph, and

        • (B) the amount that would have been payable under paragraph 56(1)(b) if the amounts referred to in subparagraphs 56(1)(b)(i) and (ii) had not been included in the calculation made under that paragraph, and

      • (ii) 60% of the lesser of the amount described in subclause (A) and the amount described in subclause (B).

  • Marginal note:Saving

    (6.1) Where subsection (6) applies and the aggregate amount of the survivor’s pension and the disability pension are less than the amount of the disability pension that would be payable if the survivor’s pension were not payable, the amount of the disability pension is the amount that results when

    • (a) the amount of the survivor’s pension

    is subtracted from

    • (b) the amount of the disability pension that would be payable if the survivor’s pension were not payable.

  • Marginal note:Calculation of disability pension where survivor’s pension payable

    (6.2) Where a survivor’s pension under this Act and a disability pension under this Act are payable to the survivor of a contributor and subsection (6) does not apply, the amount of the disability pension is an amount that, when added to the amount of the survivor’s pension for a month in the year in which the survivor’s pension or the disability pension commenced to be payable, whichever is the later, equals the aggregate of

    • (a) the greater of

      • (i) the flat rate benefit payable under subparagraph (1)(a)(i) or (a.1)(i), and

      • (ii) the flat rate benefit payable under paragraph 56(1)(a), and

    • (b) the lesser of

      • (i) the aggregate of the amounts payable under subparagraph (1)(a)(ii) or (a.1)(ii) and paragraph 56(1)(b), and

      • (ii) the amount of a benefit of 25% of 1/12 of the average of the Year’s Maximum Pensionable Earnings for the later of the year in which the survivor first became qualified to receive the survivor’s pension and the year in which the survivor’s disability pension commenced to be payable, and for each of the two preceding years, adjusted in accordance with subsection 45(2) as if the benefit had commenced to be payable in the later of the year in which the survivor first became qualified to receive the survivor’s pension and the year in which the survivor’s disability pension commenced to be payable.

  • Marginal note:Special case

    (7) Notwithstanding subsection (6), the Minister may, in prescribed circumstances and on the written request of the applicant, if in the Minister’s opinion it would be to the applicant’s advantage, pay the applicant the full amount of the disability pension and calculate the amount of the applicant’s survivor’s pension in a manner similar to that set out in subsection (6) for the calculation of the disability pension, but in no case may the aggregate of the two pensions exceed what it would have been had subsection (6) applied.

  • Marginal note:Calculation of survivor’s pension when disability pension payable under provincial pension plan

    (8) Except where otherwise provided by an agreement under section 80, where a survivor’s pension under this Act and a disability pension under a provincial pension plan are payable to the survivor of a contributor and either the date of death of the contributor or the date on which the survivor is deemed to have become disabled for the purposes of a provincial pension plan is after December 31, 1997, the amount of the survivor’s pension is an amount that, when added to the amount of the disability pension for a month in the year in which the survivor’s pension or the disability pension commenced to be payable, whichever is the later, equals the aggregate of

    • (a) the aggregate of

      • (i) the greater of

        • (A) the flat rate benefit payable under subparagraph (1)(a)(i) or (a.1)(i), and

        • (B) the flat rate benefit payable under the provincial pension plan in respect of disability, and

      • (ii) the lesser of

        • (A) the aggregate of

          • (I) the greater of

            1 the amount that would have been payable under subparagraph (1)(a)(ii) or (a.1)(ii), as the case may be, if the amounts referred to in clauses (1)(a)(ii)(B) and (C) or (a.1)(ii)(B) and (C), as the case may be, had not been included in the calculation made under that subparagraph, and

            2 the base portion of the contributor’s retirement pension payable to the survivor under the provincial pension plan in respect of disability, and

          • (II) 60% of the lesser of the amount described in subclause (I)(1) and the amount described in subclause (I)(2), and

        • (B) 75% of the amount of a benefit of 25% of 1/12 of the survivor’s Maximum Pensionable Earnings Average for the later of the year in which the survivor first became qualified to receive the survivor’s pension and the year in which the survivor’s disability pension commenced to be payable, adjusted in accordance with subsection 45(2) as if the benefit had commenced to be payable in the later of the year in which the survivor first became qualified to receive the survivor’s pension and the year in which the survivor’s disability pension commenced to be payable,

    • (b) the aggregate of

      • (i) the greater of

        • (A) the amount that would have been payable under subparagraph (1)(a)(ii) or (a.1)(ii), as the case may be, if the amounts referred to in clauses (1)(a)(ii)(A) and (C) or (a.1)(ii)(A) and (C), as the case may be, had not been included in the calculation made under that subparagraph, and

        • (B) the first additional portion of the contributor’s retirement pension payable to the survivor under the provincial pension plan in respect of disability, and

      • (ii) 60% of the lesser of the amount described in subclause (A) and the amount described in subclause (B), and

    • (c) the aggregate of

      • (i) the greater of

        • (A) the amount that would have been payable under subparagraph (1)(a)(ii) or (a.1)(ii), as the case may be, if the amounts referred to in clauses (1)(a)(ii)(A) and (B) or (a.1)(ii)(A) and (B), as the case may be, had not been included in the calculation made under that subparagraph, and

        • (B) the second additional portion of the contributor’s retirement pension payable to the survivor under the provincial pension plan in respect of disability, and

      • (ii) 60% of the lesser of the amount described in subclause (A) and the amount described in subclause (B).

  • Marginal note:Calculation of survivor’s pension when disability pension payable under provincial pension plan

    (8.1) Except where otherwise provided by an agreement under section 80, where a survivor’s pension under this Act and a disability pension under a provincial pension plan are payable to the survivor of a contributor and subsection (8) does not apply, the amount of the survivor’s pension is an amount that, when added to the amount of the disability pension for a month in the year in which the survivor’s pension or the disability pension commenced to be payable, whichever is the later, equals the aggregate of

    • (a) the greater of

      • (i) the flat rate benefit payable under subparagraph (1)(a)(i) or (a.1)(i), and

      • (ii) the flat rate benefit payable under the provincial pension plan in respect of disability, and

    • (b) the lesser of

      • (i) the aggregate of

        • (A) the amounts payable under subparagraph (1)(a)(ii) or (a.1)(ii), and

        • (B) the portion of the contributor’s retirement pension payable to the survivor under the provincial pension plan in respect of disability, and

      • (ii) the amount of a benefit of 25% of 1/12 of the average of the Year’s Maximum Pensionable Earnings for the later of the year in which the survivor first became qualified to receive the survivor’s pension and the year in which the survivor’s disability pension commenced to be payable, and for each of the two preceding years, adjusted in accordance with subsection 45(2) as if the benefit had commenced to be payable in the later of the year in which the survivor first became qualified to receive the survivor’s pension and the year in which the survivor’s disability pension commenced to be payable.

  • Marginal note:Interpretation

    (9) For the purposes of this section, a survivor first becomes qualified to receive a survivor’s pension in the month following the month in which the survivor first met the criteria of subsection 44(1) in relation to that pension.

  • R.S., 1985, c. C-8, s. 58
  • R.S., 1985, c. 30 (2nd Supp.), s. 26
  • 1991, c. 44, s. 12
  • 1997, c. 40, s. 76
  • 2000, c. 12, ss. 50, 64
  • 2016, c. 14, s. 32
  • 2018, c. 12, s. 383
 
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