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Canada Pension Plan

Version of section 51.1 from 2023-05-05 to 2024-11-11:


Marginal note:Value determined — disabled contributor’s first additional contributory period

  •  (1) For each month that was excluded from the contributor’s contributory period under this Act or under a provincial pension plan by reason of disability, a value shall be determined by the formula

    [[(M1 × A) + (M2 × B) + (M3 × C) + (M4 × D) + (M5 × E) + (M6 × F) + (M7 × G)]/R] × 0.7

    where

    A
    is, in respect of the sixth year before the year in which they were deemed to have become disabled, the greater of
    • (a) a ratio calculated by dividing the first additional unadjusted pensionable earnings of the contributor for that sixth year by the Year’s Maximum Pensionable Earnings for that year, and

    • (b) any value that was determined in accordance with this section for a month in that sixth year;

    B
    is, in respect of the fifth year before the year in which they were deemed to have become disabled, the greater of
    • (a) a ratio calculated by dividing the first additional unadjusted pensionable earnings of the contributor for that fifth year by the Year’s Maximum Pensionable Earnings for that year, and

    • (b) any value that was determined in accordance with this section for a month in that fifth year;

    C
    is, in respect of the fourth year before the year in which they were deemed to have become disabled, the greater of
    • (a) a ratio calculated by dividing the first additional unadjusted pensionable earnings of the contributor for that fourth year by the Year’s Maximum Pensionable Earnings for that year, and

    • (b) any value that was determined in accordance with this section for a month in that fourth year;

    D
    is, in respect of the third year before the year in which they were deemed to have become disabled, the greater of
    • (a) a ratio calculated by dividing the first additional unadjusted pensionable earnings of the contributor for that third year by the Year’s Maximum Pensionable Earnings for that year, and

    • (b) any value that was determined in accordance with this section for a month in that third year;

    E
    is, in respect of the second year before the year in which they were deemed to have become disabled, the greater of
    • (a) a ratio calculated by dividing the first additional unadjusted pensionable earnings of the contributor for that second year by the Year’s Maximum Pensionable Earnings for that year, and

    • (b) any value that was determined in accordance with this section for a month in that second year;

    F
    is, in respect of the year before the year in which they were deemed to have become disabled, the greater of
    • (a) a ratio calculated by dividing the first additional unadjusted pensionable earnings of the contributor for that prior year by the Year’s Maximum Pensionable Earnings for that year, and

    • (b) any value that was determined in accordance with this section for a month in that prior year;

    G
    is, in respect of the year in which they were deemed to have become disabled, the greater of
    • (a) the lesser of 1 and the number determined by the formula

      H/[I × (M7/12)]

      where

      H
      is the first additional unadjusted pensionable earnings for that year, and
      I
      is the Year’s Maximum Pensionable Earnings for that year, and
    • (b) any value that was determined in accordance with this section for a month in that year;

    M1
    is the lesser of
    • (a) the number of months in the contributor’s first additional contributory period in the sixth year before the year in which they were deemed to have become disabled, and

    • (b) the number of months determined by the formula

      12 − M7

    M2
    is the number of months in the contributor’s first additional contributory period in the fifth year before the year in which they were deemed to have become disabled;
    M3
    is the number of months in the contributor’s first additional contributory period in the fourth year before the year in which they were deemed to have become disabled;
    M4
    is the number of months in the contributor’s first additional contributory period in the third year before the year in which they were deemed to have become disabled;
    M5
    is the number of months in the contributor’s first additional contributory period in the second year before the year in which they were deemed to have become disabled;
    M6
    is the number of months in the contributor’s first additional contributory period in the year before the year in which they were deemed to have become disabled;
    M7
    is the number of months in the contributor’s first additional contributory period in the year in which they were deemed to have become disabled that are before the month following the month in which they were deemed to have become disabled; and
    R
    is the greater of 1 and the number of months determined by the formula

    M1 + M2 + M3 + M4 + M5 + M6 + M7

  • Marginal note:Year in which first additional contributory period begins

    (2) For the purposes of the descriptions of A to F in subsection (1), if the contributor’s first additional contributory period begins in the six years before the year in which they were deemed to have become disabled, the Year’s Maximum Pensionable Earnings for the year in which their first additional contributory period begins is replaced by the prorated portion determined by the formula

    A × (M ÷ 12)

    where

    A
    is the Year’s Maximum Pensionable Earnings for the year in which the contributor’s first additional contributory period begins; and
    M
    is the number of months in that year that are included in the contributor’s first additional contributory period.
  • 2018, c. 12, s. 374
  • 2022, c. 10, s. 418

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