Members of Parliament Retiring Allowances Act

Marginal note:Survivor benefits

• 20 (1) On the death of a member or former member, there shall be paid

  • (a) to the survivor, an allowance equal to three fifths of the basic retirement allowance, but, if two survivors are entitled to an allowance under this paragraph, the total amount of the allowances shall not exceed three fifths of the basic retirement allowance and that total amount shall be apportioned in accordance with subsection (1.1); and

  • (b) to each child, an allowance equal to one tenth of the basic retirement allowance or, if the member or former member died leaving no one entitled to an allowance under paragraph (a), two tenths of the basic retirement allowance, but the total amount of the allowances shall not exceed three tenths of the basic retirement allowance or, if the member or former member died leaving no one entitled to an allowance under paragraph (a), eight tenths of the basic retirement allowance.

• Marginal note:Apportionment

  (1.1) For the purposes of paragraph (1)(a), the total amount shall be apportioned so that

  • (a) the survivor referred to in paragraph (a) of the definition survivor in subsection 2(1) receives an amount, if any, equal to the total amount less any amount determined under paragraph (b); and

  • (b) the survivor referred to in paragraph (b) of that definition receives an amount equal to that proportion of the total amount that the number of years that survivor cohabited with the member or former member while a member is of the number of years that the member or former member was a member.

• Marginal note:Years

  (1.2) In determining a number of years for the purposes of subsection (1.1), part of a year shall be counted as a full year if the part is six or more months and shall be ignored if it is less.

• Marginal note:Definition of basic retirement allowance

  (2) In this section, basic retirement allowance means

  • (a) in the case of a former member, the aggregate of all the retirement allowances and additional retirement allowances that the former member was receiving under this Part at the time of death or would have been entitled to receive under this Part if the former member had reached sixty years of age immediately before death; and

  • (b) in the case of a member, the aggregate of all the retirement allowances and additional retirement allowances that the member would have been entitled to receive under this Part if the member had ceased to be a member and had reached sixty years of age immediately before death.

• Marginal note:Deeming

  (3) For the purpose of subsection (2), if any amount was or would have been subtracted in the calculation of the amount of the member or former member’s retirement allowance under section 17.1 or 17.2, the member or former member is deemed to have received or to have been entitled to receive, as the case may be, a retirement allowance under that section calculated without that subtracted amount.