Lieutenant Governors Superannuation Act (R.S.C., 1985, c. L-8)

Act current to 2019-06-20 and last amended on 2012-01-01. Previous Versions

PART ISuperannuation (continued)

Surviving Spouse

Marginal note:Pension of surviving spouse

  •  (1) Where a contributor who has ceased to hold office as the lieutenant governor of a province but who is entitled to be paid an immediate pension or a deferred pension under section 3 dies, his surviving spouse, if that person was his spouse at the time he ceased to hold office as the lieutenant governor of a province, shall be paid a pension equal to one-half of the immediate pension or deferred pension to which the contributor was entitled under that section.

  • Marginal note:Idem

    (2) Where a contributor who has, pursuant to subsection 4(2), ceased to be required to contribute pursuant to subsection 4(1) dies while holding office as the lieutenant governor of a province, his surviving spouse shall be paid a pension equal to one-half of the immediate pension or deferred pension to which the contributor would have become entitled under section 3 had he, immediately prior to his death, ceased, for any reason other than death, to hold office as the lieutenant governor of the province.

  • Marginal note:Commencement of pension to surviving spouse

    (3) A pension that is payable under this section to the surviving spouse of a contributor commences to be payable immediately after the death of the contributor.

  • 1974-75-76, c. 73, s. 6

Marginal note:Return of contributions to surviving spouse

 Where a contributor dies while holding office as the lieutenant governor of a province and his surviving spouse is not entitled to a pension under section 7, his surviving spouse shall be paid the total amount of the contributions made by the contributor under this Part, together with interest, if any, calculated pursuant to subsection 3(5).

  • 1974-75-76, c. 73, s. 7

Marginal note:Election for former Lieutenant Governor

  •  (1) If the person to whom a former Lieutenant Governor is married or with whom he or she is cohabiting in a relationship of a conjugal nature, having so cohabited for a period of at least one year, would not be entitled to a pension under section 7 in the event of the former Lieutenant Governor’s death, the former Lieutenant Governor may make an election, in accordance with the regulations, to reduce the amount of the pension to which he or she is entitled in order that the person could become entitled to a pension under subsection (2).

  • Marginal note:Payment

    (2) A person referred to in subsection (1) is entitled to a pension in an amount determined in accordance with the election and the regulations if the former Lieutenant Governor dies and the election is not revoked or deemed to have been revoked, and the person was married to the former Lieutenant Governor at the time of his or her death, or was cohabiting with the former Lieutenant Governor in a relationship of a conjugal nature for a period of at least one year immediately before his or her death.

  • Marginal note:No entitlement

    (3) A person who is entitled to receive a pension under section 7 after the former Lieutenant Governor’s death is not entitled to a pension under subsection (2) in respect of that former Lieutenant Governor.

  • 2000, c. 12, s. 174
  • 2004, c. 16, s. 18

Death Benefit

Marginal note:Residual amounts

 Where, on the death of a contributor, there is no surviving spouse to whom a pension or return of contributions under this Act may be paid, or where a person who is entitled to a pension under this Act as the surviving spouse of a contributor dies, any amount by which the total amount of the contributions made by the contributor under this Part, together with interest, if any, calculated pursuant to subsection 3(5), exceeds the total amount paid to the contributor and his surviving spouse under this Part shall be paid, as a death benefit, to his estate or, if less than one thousand dollars, as the President of the Treasury Board may direct.

  • 1974-75-76, c. 73, s. 10

Payments

Marginal note:Payments out of C.R.F.

  •  (1) The pensions and returns of contributions payable under this Act shall be paid out of the Consolidated Revenue Fund.

  • Marginal note:Payment of pension

    (2) Where a pension becomes payable under this Act, it shall

    • (a) be paid in equal monthly instalments in arrears;

    • (b) subject to paragraph (c), be paid pro rata for any period of less than a month; and

    • (c) continue, subject to this Act, during the lifetime of the recipient and thereafter until the end of the month in which the recipient dies.

  • 1974-75-76, c. 73, s. 8

Regulations

Marginal note:Regulations

 The Governor in Council may make regulations

  • (a) prescribing the terms on which a contributor may pay for any period of service in instalments and the method of determining

    • (i) the amounts to be reserved from any amount payable to a contributor by Her Majesty in right of Canada, including any pension payable to him under this Act, and

    • (ii) the amounts to be recovered from any pension payable to the survivor of a contributor under this Act

    in respect of unpaid instalments;

  • (b) prescribing the medical examination to be required to determine whether a contributor is disabled;

  • (c) prescribing forms for the purposes of this Act; and

  • (d) respecting the election that may be made under section 8.1, including regulations respecting

    • (i) the time, manner and circumstances in which an election may be made, revoked or deemed to have been revoked;

    • (ii) the reduction to be made in the amount of a former Lieutenant Governor’s pension when an election is made;

    • (iii) the amount of the pension to be paid under subsection 8.1(2); and

    • (iv) any other matter that the Governor in Council considers necessary for carrying out the purposes and provisions of section 8.1.

  • R.S., 1985, c. L-8, s. 11
  • 2000, c. 12, s. 175

PART IISupplementary Retirement Benefits Contributions

Marginal note:Definition of “Supplementary Retirement Benefits Account”

 In this Part, Supplementary Retirement Benefits Account means the Account established in the accounts of Canada pursuant to the Supplementary Retirement Benefits Act.

  • 1974-75-76, c. 73, s. 12

Marginal note:Contributions

 Every contributor, except a contributor who has ceased to hold office as the lieutenant governor of a province, is required to contribute to the Supplementary Retirement Benefits Account, by reservation from his salary,

  • (a) prior to 1977, an amount equal to one-half of one per cent of his salary; and

  • (b) commencing with the month of January, 1977, an amount equal to one per cent of his salary.

  • 1974-75-76, c. 73, s. 13

Marginal note:Income Tax Act

 For the purposes of the Income Tax Act, the amount contributed by a contributor pursuant to section 13 shall be deemed to be contributed to or under a registered pension plan.

  • R.S., 1985, c. L-8, s. 14
  • 1999, c. 31, s. 243

Marginal note:Amount to be credited to S.R.B. Account

 Where any amount is paid into the Supplementary Retirement Benefits Account pursuant to section 13, an amount equal to the amount so paid shall be credited to that Account.

  • 1974-75-76, c. 73, s. 15
 
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