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 DPayment of Benefits: Special Rules Applicable (continued)

Disabled Contributor’s Child’s Benefit and Orphan’s Benefit (continued)

Marginal note:Payment of benefit

 Where a disabled contributor’s child’s benefit is payable to a child of a disabled contributor or an orphan’s benefit is payable to an orphan of a contributor, payment thereof shall, if the child or orphan has not reached eighteen years of age, be made to the person or agency having custody and control of the child or orphan, or, where there is no person or agency having custody and control of the child or orphan, to such person or agency as the Minister may direct, and for the purposes of this Part,

  • (a) the contributor, in relation to a disabled contributor’s child, except where the child is living apart from the contributor, and

  • (b) the survivor, if any, of the contributor, in relation to an orphan, except where the orphan is living apart from the survivor,

shall be presumed, in the absence of any evidence to the contrary, to be the person having custody and control of the child or orphan.

  • R.S., 1985, c. C-8, s. 75
  • 2000, c. 12, s. 56

Marginal note:When disabled contributor’s child’s benefit ceases to be payable

  •  (1) A disabled contributor’s child’s benefit ceases to be payable with the payment for the month in which

    • (a) the child ceases to be a dependent child;

    • (b) the child dies;

    • (c) the contributor’s disability pension or post-retirement disability benefit ceases to be payable;

    • (d) the child is adopted legally or in fact by someone other than the disabled contributor or the disabled contributor’s spouse or common-law partner, unless the disabled contributor is maintaining the child, as defined by regulation; or

    • (e) the disabled contributor ceases to have custody and control of the child, where the child is a child as defined in subsection 42(1) by reason of the disabled contributor having had such custody and control.

  • Marginal note:When orphan’s benefit ceases to be payable

    (2) An orphan’s benefit ceases to be payable with the payment for the month in which the child ceases to be a dependent child or dies.

  • Marginal note:Exception

    (3) Where, by reason of the death of a contributor, a disabled contributor’s child’s benefit ceases to be payable to a person who is 18 years of age or older at the time of that death, an application under section 60 for an orphan’s benefit shall be deemed to have been made by that person in the month in which the contributor died.

  • R.S., 1985, c. C-8, s. 76
  • R.S., 1985, c. 30 (2nd Supp.), s. 42
  • 1991, c. 44, s. 19
  • 2000, c. 12, s. 57
  • 2018, c. 12, s. 394

Post-retirement Benefit

Marginal note:Commencement of benefit

 Subject to section 62, a post-retirement benefit is payable to a beneficiary of a retirement pension for each month commencing with January 1 of the year following the year of a contributor’s earnings if

  • (a) a contribution has been made in respect of those earnings;

  • (b) those earnings exceed the contributor’s basic exemption; and

  • (c) those earnings are for a period that

    • (i) begins after 2011 and after the contributory period ends under subparagraph 49(b)(iii), and

    • (ii) ends with the month preceding the month in which the contributor reaches seventy years of age.

  • 2009, c. 31, s. 40

Marginal note:Duration of payment

 Subject to this Act, a post-retirement benefit 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.

  • 2009, c. 31, s. 40

DIVISION EPayment of Benefits: Amount Payable Under Canada Pension Plan

Marginal note:Amount of benefit payable under Act

 Where, by virtue of any provision of this Act other than this section, a benefit is payable under this Act to or in respect of any contributor, notwithstanding anything in this Part except as provided in section 80, the amount of the benefit that is payable under this Act is an amount equal to that proportion of the amount of the benefit payable to or in respect of the contributor, calculated as provided in this Part without regard to this section, that

  • (a) the aggregate of the contributor’s total pensionable earnings, total first additional pensionable earnings and total second additional pensionable earnings attributable to contributions made under this Act,

is to

  • (b) the aggregate of the contributor’s total pensionable earnings, total first additional pensionable earnings and total second additional pensionable earnings.

  • R.S., 1985, c. C-8, s. 77
  • 2016, c. 14, s. 35
  • 2018, c. 12, s. 395

Marginal note:Total pensionable earnings attributable to base contributions made under Act

 The total pensionable earnings of a contributor attributable to base contributions made under this Act are an amount equal to the amount that their total pensionable earnings would be if the base unadjusted pensionable earnings of the contributor for a year were that proportion of their base unadjusted pensionable earnings for the year that

  • (a) the contributor’s earnings on which a base contribution has been made for the year under this Act, calculated as provided in subparagraph 53(1)(b)(i),

are of

  • (b) the aggregate of the amount mentioned in paragraph (a) and the contributor’s earnings on which a base contribution has been made for the year under a provincial pension plan, calculated as provided in subparagraph 53(1)(b)(ii).

  • R.S., 1985, c. C-8, s. 78
  • 2012, c. 31, s. 201
  • 2016, c. 14, s. 36
  • 2018, c. 12, s. 396

Marginal note:Total first additional pensionable earnings attributable to first additional contributions made under Act

 The total first additional pensionable earnings of a contributor attributable to first additional contributions made under this Act are an amount equal to the amount that their total first additional pensionable earnings would be if the first additional unadjusted pensionable earnings of the contributor for a year were that proportion of their first additional unadjusted pensionable earnings for the year that

  • (a) the contributor’s earnings on which a first additional contribution has been made for the year under this Act, calculated as provided in subparagraph 53.1(1)(b)(i),

are of

  • (b) the aggregate of the amount mentioned in paragraph (a) and the contributor’s earnings on which a first additional contribution has been made for the year under a provincial pension plan, calculated as provided in subparagraph 53.1(1)(b)(ii).

  • 2018, c. 12, s. 397

Marginal note:Total second additional pensionable earnings attributable to second additional contributions made under Act

 The total second additional pensionable earnings of a contributor attributable to second additional contributions made under this Act are an amount equal to the amount that their total second additional pensionable earnings would be if the second additional unadjusted pensionable earnings of the contributor for a year were that proportion of their second additional unadjusted pensionable earnings for the year that

  • (a) the contributor’s earnings on which a second additional contribution has been made for the year under this Act, calculated as provided in subparagraph 53.2(1)(b)(i),

are of

  • (b) the aggregate of the amount mentioned in paragraph (a) and the contributor’s earnings on which a second additional contribution has been made for the year under a provincial pension plan, calculated as provided in subparagraph 53.2(1)(b)(ii).

  • 2018, c. 12, s. 397

Marginal note:Total pensionable earnings attributable to base contributions made under Act as a result of division

 For a year of a division as determined under section 55 or 55.1 and under a provincial pension plan, the total pensionable earnings of a contributor attributable to base contributions made under this Act are an amount equal to the amount that their total pensionable earnings would be if the base unadjusted pensionable earnings of the contributor for the year were that proportion of their base unadjusted pensionable earnings for the year that

  • (a) their base unadjusted pensionable earnings attributed under subsection 55(4) or 55.2(5)

are of

  • (b) their total base unadjusted pensionable earnings for the year determined under subsection 55(5) or 55.2(6).

  • R.S., 1985, c. C-8, s. 79
  • R.S., 1985, c. 30 (2nd Supp.), s. 43
  • 2016, c. 14, s. 37

Marginal note:Total first additional pensionable earnings attributable to first additional contributions made under Act as a result of division

 For a year of a division as determined under section 55.1 and under a provincial pension plan, the total first additional pensionable earnings of a contributor attributable to first additional contributions made under this Act are an amount equal to the amount that their total first additional pensionable earnings would be if the first additional unadjusted pensionable earnings of the contributor for the year were that proportion of their first additional unadjusted pensionable earnings for the year that

  • (a) their first additional unadjusted pensionable earnings attributed under subsection 55.2(5.1)

are of

  • (b) their total first additional unadjusted pensionable earnings for the year determined under subsection 55.2(6.1).

  • 2018, c. 12, s. 398
 
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