Veterans Well-being Act

Marginal note:Eligibility — survivor no longer eligible for earnings loss benefit

• 40.4 (1) The Minister may, on application, pay a retirement income security benefit to a member’s or a veteran’s survivor who is no longer eligible to receive an earnings loss benefit under subsection 22(3).

• Marginal note:When benefit payable

  (2) The retirement income security benefit begins to be payable on the later of

  • (a) the day after the day on which the member or the veteran would have attained the age of 65 years, and

  • (b) the day that is one year before the day on which the Minister determines that the survivor is entitled to the benefit.

• Marginal note:Duration of benefit

  (3) The retirement income security benefit ceases to be payable on the last day of the month in which the survivor dies.

• Marginal note:Amount of benefit

  (4) Subject to the regulations, the monthly amount of the retirement income security benefit under subsection (1) that is payable to a survivor shall be determined in accordance with the formula

  A/2 – B

  where

  A

  is 70% of the earnings loss benefit that would be payable under subsection 23(1) for the month in which the member or veteran, if alive, would have attained the age of 65 years, calculated as if the benefit were payable for that entire month and not taking into account amounts that are payable to the survivor in respect of the member or veteran from prescribed sources referred to in subsection 23(3); and

  B

  is the total amount that is payable to the survivor in respect of the member or veteran for a month from prescribed sources.

• Marginal note:Regulations

  (5) The Governor in Council may make regulations

  • (a) providing for the periodic adjustment of the value of A in subsection (4); and

  • (b) respecting the determination, for the purpose of the value of B in subsection (4), of an amount payable to a survivor for a month.