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

Full Document:  

Act current to 2019-08-15 and last amended on 2018-12-15. Previous Versions

PART IIPensions and Supplementary Benefits (continued)

DIVISION DPayment of Benefits: Special Rules Applicable

Retirement Pension

Marginal note:Commencement of retirement pension

  •  (1) For a retirement pension that commences to be payable before January 1, 1987, subject to section 62, where an applicant, other than an estate, has reached sixty-five years of age and payment of the retirement pension is approved, the pension is payable for each month commencing with

    • (a) the month in which the applicant reached sixty-five years of age,

    • (b) the latest of the eleventh month preceding the month in which the application was received, the month following the month in which the contributor last worked and for which a contribution was made under this Act or a provincial pension plan and the month following the last month for which unadjusted pensionable earnings have been attributed under section 55, or

    • (c) the month for which the applicant applied for the pension to commence,

    whichever is the latest.

  • Marginal note:Idem

    (2) For a retirement pension that commences to be payable on or after January 1, 1987 and where the applicant is not an estate, subject to section 62, where payment of the retirement pension is approved, the pension is payable for each month commencing with the latest of

    • (a) the month in which the applicant reached sixty years of age,

    • (b) the month following the month in which the applicant applied, if he was under seventy years of age when he applied,

    • (c) the month following the month in which the applicant wholly or substantially ceased to be engaged in paid employment or self-employment, if he is then under sixty-five years of age,

    • (d) the month in which the applicant reached sixty-five years of age, if he has not wholly or substantially ceased to be engaged in paid employment or self-employment,

    • (e) the twelfth month preceding the month following the month in which the applicant applied, if he was over seventy years of age when he applied,

    • (f) the month in which the applicant reached seventy years of age, if he applied after reaching that age,

    • (g) the month of January 1987, if the applicant has reached sixty years of age but not sixty-five years of age before that month, and

    • (h) the month chosen by the applicant in his application.

  • Marginal note:Exception

    (3) Where a person who has applied to receive a retirement pension attains the age of sixty-five years before the day on which the application is received, the pension is payable commencing with the latest of

    • (a) the twelfth month before the month after the month in which the applicant applied or the month of January 1995, whichever is later,

    • (b) the month in which the applicant reaches the age of sixty-five years, or

    • (c) the month chosen by the applicant in the application.

  • Marginal note:Commencement of retirement pension — on or after January 1, 2012

    (3.1) For a retirement pension that commences to be payable on or after January 1, 2012 and if the applicant is not an estate, subject to section 62, if payment of the retirement pension is approved, the pension is payable for each month commencing with the latest of

    • (a) the month in which the applicant reached sixty years of age,

    • (b) the month following the month in which the application was received if they were under sixty-five years of age when they applied,

    • (c) the eleventh month preceding the month in which the application was received if they have reached sixty-five years of age when they applied, but in no case earlier than the month in which they reached sixty-five years of age, and

    • (d) the month chosen by the applicant in their application.

  • Marginal note:Deemed application where disability pension ceased

    (4) Where a disability pension is no longer payable because a decision that the person was disabled has been reversed or because the person has ceased to be disabled, and on or before the day that is 90 days after the day on which the person is notified that the disability pension has ceased, or within any longer period that the Minister may either before or after the expiration of those 90 days allow, the person applies for a retirement pension, that application is deemed to have been received in the latest of

    • (a) the month in which the disability pension application was made,

    • (b) the last month for which the disability pension was payable, and

    • (c) the month before the month in which the contributor reached the age of 60 years.

  • R.S., 1985, c. C-8, s. 67
  • R.S., 1985, c. 30 (2nd Supp.), s. 36, c. 1 (4th Supp.), s. 5
  • 1995, c. 33, s. 32
  • 1997, c. 40, s. 82
  • 2009, c. 31, s. 38

Marginal note:Duration of payment

 Subject to this Act, a retirement pension shall continue to be paid during the lifetime of the beneficiary, and shall cease with the payment for the month in which the beneficiary dies.

  • R.S., c. C-5, s. 67

 [Repealed, 2009, c. 31, s. 39]

Disability Pension and Post-retirement Disability Benefit

Marginal note:Commencement of pension

 Subject to section 62, where payment of a disability pension is approved, the pension is payable for each month commencing with the fourth month following the month in which the applicant became disabled, except that where the applicant was, at any time during the five year period next before the month in which the applicant became disabled as a result of which the payment is approved, in receipt of a disability pension payable under this Act or under a provincial pension plan,

  • (a) the pension is payable for each month commencing with the month next following the month in which the applicant became disabled as a result of which the payment is approved; and

  • (b) the reference to “fifteen months” in paragraph 42(2)(b) shall be read as a reference to “twelve months”.

  • R.S., 1985, c. C-8, s. 69
  • R.S., 1985, c. 30 (2nd Supp.), s. 38

Marginal note:When pension ceases to be payable

  •  (1) A disability pension ceases to be payable with the payment

    • (a) for the month in which the beneficiary ceases to be disabled;

    • (b) for the month immediately preceding the month in which the beneficiary commences to receive a retirement pension under this Act or under a provincial pension plan;

    • (c) for the month in which the beneficiary reaches sixty-five years of age; or

    • (d) for the month in which the beneficiary dies.

  • Marginal note:Application for retirement pension deemed to have been made

    (2) Where a disability pension ceases to be payable to a person by reason of his having reached sixty-five years of age, an application under section 60 shall be deemed to have been made by and received from that person, in the month in which he reached that age, for a retirement pension to commence with the month following that month.

  • Marginal note:Effect of receiving a retirement pension

    (3) A person who commences to receive a retirement pension under this Act or under a provincial pension plan is thereafter ineligible to apply or re-apply, at any time, for a disability pension under this Act, except as provided in section 66.1 or in a substantially similar provision of a provincial pension plan, as the case may be.

  • R.S., 1985, c. C-8, s. 70
  • R.S., 1985, c. 30 (2nd Supp.), s. 39

Marginal note:Commencement of benefit

 Subject to section 62, if payment of a post-retirement disability benefit is approved, the benefit is payable for each month commencing with the fourth month following the month after December 2018 in which the applicant became disabled, except that if the applicant was, at any time during the five-year period next before the month in which the applicant became disabled as a result of which the payment is approved, in receipt of a disability pension payable under this Act or under a provincial pension plan or a post-retirement disability benefit,

  • (a) the benefit is payable for each month commencing with the month next following the month after December 2018 in which the applicant became disabled as a result of which the payment is approved; and

  • (b) the reference to “fifteen months” in paragraph 42(2)(b) shall be read as a reference to “twelve months”.

  • 2018, c. 12, s. 389

Marginal note:When benefit ceases to be payable

 A post-retirement disability benefit ceases to be payable with the payment

  • (a) for the month in which the beneficiary ceases to be disabled;

  • (b) for the month in which the beneficiary reaches 65 years of age; or

  • (c) for the month in which the beneficiary dies.

  • 2018, c. 12, s. 389
 
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