Marginal note:Amount of survivor’s pension
58 (1) Subject to this section, a survivor’s pension payable to the survivor of a contributor is a basic monthly amount as follows:
(a) in the case of a survivor who has not reached sixty-five years of age and to whom no retirement pension is payable under this Act or a provincial pension plan, a basic monthly amount consisting of
(i) a flat rate benefit, calculated as provided in subsection (1.1), and
(ii) 37 1/2 per cent of the amount of the contributor’s retirement pension, calculated as provided in subsection (3),
reduced, unless the survivor was at the time of the death of the contributor a survivor with dependent children or unless he is disabled, by 1/120 for each month by which the age of the survivor at the time of the death of the contributor is less than forty-five years, and reduced, if at any time after the death of the contributor the survivor ceases to be
(iii) a survivor with dependent children and is not at that time disabled, or
(iv) disabled and is not at that time a survivor with dependent children,
by 1/120 for each month by which the age of the survivor at that time is less than forty-five years; and
(b) in the case of a survivor who has reached sixty-five years of age and to whom no retirement pension is payable under this Act or a provincial pension plan, a basic monthly amount equal to sixty per cent of the amount of the contributor’s retirement pension, calculated as provided in subsection (3).
Marginal note:Amount of flat rate benefit
(1.1) The amount of the flat rate benefit referred to in subparagraph (1)(a)(i) is
(a) in the year 1986, ninety-one dollars and six cents; or
(b) in the year 1987 or any subsequent year, an amount calculated by multiplying
(i) the amount of the flat rate benefit that would have been payable for a month in the year preceding that year
by
(ii) the ratio that the Pension Index for the year in which the flat rate benefit commences to be payable bears to the Pension Index for the year preceding that year.
Marginal note:Calculation of survivor’s pension where retirement pension payable
(2) Where a survivor’s pension under this Act and a retirement pension under this Act or under a provincial pension plan are payable to the survivor of a contributor, the basic monthly amount of the survivor’s pension payable to the survivor is
(a) in the case of a survivor who has not reached sixty-five years of age and whose retirement pension commences to be payable after December 31, 1997, the aggregate of
(i) a flat rate benefit, calculated as provided in subsection (1.1), and
(ii) the lesser of
(A) the amount determined by the formula
C - D
where
- C
- is 37.5% of the amount of the contributor’s retirement pension calculated as provided in subsection (3), and
- D
- is the lesser of
(I) 40% of C, and
(II) 40% of the survivor’s retirement pension, calculated without regard to subsections 46(3) to (6) but in accordance with subsection 45(2), and
(B) an amount that, when added to the survivor’s retirement pension (calculated without regard to subsections 46(3) to (6) but in accordance with subsection 45(2)), is equal to the amount of a benefit of 25% of 1/12 of the survivor’s Maximum Pensionable Earnings Average for the later of the year in which the survivor first became qualified to receive the survivor’s pension and the year in which the survivor’s retirement pension commenced to be payable, adjusted in accordance with subsection 45(2) as if the benefit had commenced to be payable in the later of the year in which the survivor first became qualified to receive the survivor’s pension and the year in which the survivor’s retirement pension commenced to be payable;
(b) in the case of a survivor who has not reached sixty-five years of age and whose retirement pension commences to be payable before January 1, 1998, the aggregate of
(i) a flat rate benefit, calculated as provided in subsection (1.1), and
(ii) the lesser of
(A) 37.5% of the amount of the contributor’s retirement pension, calculated as provided in subsection (3), and
(B) an amount that, when added to the survivor’s retirement pension (calculated without regard to subsections 46(3) to (6) but in accordance with subsection 45(2)), is equal to the amount of a benefit of 25% of 1/12 of the average of the Year’s Maximum Pensionable Earnings for the later of the year in which the survivor first became qualified to receive the survivor’s pension and the year in which the survivor’s retirement pension commenced to be payable, and for each of the two preceding years, adjusted in accordance with subsection 45(2) as if the benefit had commenced to be payable in the later of the year in which the survivor first became qualified to receive the survivor’s pension and the year in which the survivor’s retirement pension commenced to be payable; or
(c) in the case of a survivor who has reached sixty-five years of age and who was born after December 31, 1932 and whose retirement pension commences to be payable after December 31, 1997, the lesser of
(i) the amount determined by the formula
A - B
where
- A
- is 60% of the amount of the contributor’s retirement pension calculated as provided in subsection (3), and
- B
- is the lesser of
(I) 40% of A, and
(II) 40% of the survivor’s retirement pension, calculated without regard to subsections 46(3) to (6) but in accordance with subsection 45(2), and
(ii) an amount that, when added to the survivor’s retirement pension (calculated without regard to subsections 46(3) to (6) but in accordance with subsection 45(2)), is equal to the amount of a benefit of 25% of 1/12 of the survivor’s Maximum Pensionable Earnings Average for the later of the year in which the survivor first became qualified to receive the survivor’s pension and the year in which the survivor’s retirement pension commenced to be payable, adjusted in accordance with subsection 45(2) as if the benefit had commenced to be payable in the later of the year in which the survivor first became qualified to receive the survivor’s pension and the year in which the survivor’s retirement pension commenced to be payable; or
(d) in any other case, the lesser of
(i) 60% of the amount of the contributor’s retirement pension, calculated as provided in subsection (3), and
(ii) an amount that, when added to the survivor’s retirement pension (calculated without regard to subsections 46(3) to (6) but in accordance with subsection 45(2)), is equal to the amount of a benefit of 25% of 1/12 of the average of the Year’s Maximum Pensionable Earnings for the later of the year in which the survivor first became qualified to receive the survivor’s pension and the year in which the survivor’s retirement pension commenced to be payable, and for each of the two preceding years, adjusted in accordance with subsection 45(2) as if the benefit had commenced to be payable in the later of the year in which the survivor first became qualified to receive the survivor’s pension and the year in which the survivor’s retirement pension commenced to be payable.
Marginal note:Calculation of contributor’s retirement pension
(3) The amount of the contributor’s retirement pension to be used for the purposes of subsections (1) and (2) is an amount calculated as provided in paragraph 57(2)(a), (b) or (c), multiplied, for the purpose of calculating the monthly amount of the survivor’s pension for months commencing with the month in which
(a) a survivor’s pension became payable to the survivor by reason of a disability that began after the death of the contributor,
(b) the survivor reached sixty-five years of age, not having reached that age at the time of the death of the contributor,
(c) the survivor’s pension under this Act or the survivor’s retirement pension under this Act or a provincial pension plan commenced to be payable, whichever is the later,
(d) a survivor’s pension became payable to the survivor under this Act in circumstances other than those described in paragraph (a), (b) or (c), or
(e) the survivor has had an adjustment to the survivor’s retirement pension pursuant to subsection 55(7) or 55.2(9) following a division of unadjusted pensionable earnings,
by the ratio that the Pension Index for the year that includes that month bears to the Pension Index for the year in which the contributor died.
Marginal note:Pension Index limitation removed
(4) For the purpose of calculating the monthly amount of a survivor’s pension under subsection (3) in a case where the survivor’s pension commences with a month in a year after 1973 and is in respect of a contributor who died prior to 1974, the ratio referred to in that subsection shall be calculated as if the Pension Index for the year in which the contributor died had not been subject to the limitation referred to in paragraph 43.1(2)(a) of the Canada Pension Plan, chapter C-5 of the Revised Statutes of Canada, 1970, of 1.02 times the Pension Index for the preceding year.
Marginal note:Calculation of amount of retirement pension to survivor
(5) For the purposes of subsection (2), the monthly amount of the retirement pension payable to the survivor of a contributor shall be calculated without regard to any provision of the provincial pension plan referred to in that subsection that reduces the pensions of contributors who have reached sixty-five years of age or precludes the payment of pensions to those contributors by reason of their employment earnings.
Marginal note:Calculation of disability pension where survivor’s pension payable
(6) Subject to subsection (6.1), where a survivor’s pension under this Act and a disability pension under this Act are payable to the survivor of a contributor and either the date of death of the contributor or the date on which the survivor is deemed to have become disabled for the purposes of this Act is after December 31, 1997, the amount of the disability pension is an amount that, when added to the amount of the survivor’s pension for a month in the year in which the survivor’s pension or the disability pension commenced to be payable, whichever is the later, equals the aggregate of
(a) the greater of
(i) the flat rate benefit payable under subparagraph (1)(a)(i), and
(ii) the flat rate benefit payable under paragraph 56(1)(a), and
(b) the lesser of
(i) the aggregate of
(A) the greater of
(I) the amount payable under subparagraph (1)(a)(ii), and
(II) the amount payable under paragraph 56(1)(b), and
(B) 60% of the lesser of the amount described in subclause (A)(I) and the amount described in subclause (A)(II), and
(ii) 75% of the amount of a benefit of 25% of 1/12 of the survivor’s Maximum Pensionable Earnings Average for the later of the year in which the survivor first became qualified to receive the survivor’s pension and the year in which the survivor’s disability pension commenced to be payable, adjusted in accordance with subsection 45(2) as if the benefit had commenced to be payable in the later of the year in which the survivor first became qualified to receive the survivor’s pension and the year in which the survivor’s disability pension commenced to be payable.
Marginal note:Saving
(6.1) Where subsection (6) applies and the aggregate amount of the survivor’s pension and the disability pension are less than the amount of the disability pension that would be payable if the survivor’s pension were not payable, the amount of the disability pension is the amount that results when
(a) the amount of the survivor’s pension
is subtracted from
(b) the amount of the disability pension that would be payable if the survivor’s pension were not payable.
Marginal note:Calculation of disability pension where survivor’s pension payable
(6.2) Where a survivor’s pension under this Act and a disability pension under this Act are payable to the survivor of a contributor and subsection (6) does not apply, the amount of the disability pension is an amount that, when added to the amount of the survivor’s pension for a month in the year in which the survivor’s pension or the disability pension commenced to be payable, whichever is the later, equals the aggregate of
(a) the greater of
(i) the flat rate benefit payable under subparagraph (1)(a)(i), and
(ii) the flat rate benefit payable under paragraph 56(1)(a), and
(b) the lesser of
(i) the aggregate of the amounts payable under subparagraph (1)(a)(ii) and paragraph 56(1)(b), and
(ii) the amount of a benefit of 25% of 1/12 of the average of the Year’s Maximum Pensionable Earnings for the later of the year in which the survivor first became qualified to receive the survivor’s pension and the year in which the survivor’s disability pension commenced to be payable, and for each of the two preceding years, adjusted in accordance with subsection 45(2) as if the benefit had commenced to be payable in the later of the year in which the survivor first became qualified to receive the survivor’s pension and the year in which the survivor’s disability pension commenced to be payable.
Marginal note:Special case
(7) Notwithstanding subsection (6), the Minister may, in prescribed circumstances and on the written request of the applicant, if in the Minister’s opinion it would be to the applicant’s advantage, pay the applicant the full amount of the disability pension and calculate the amount of the applicant’s survivor’s pension in a manner similar to that set out in subsection (6) for the calculation of the disability pension, but in no case may the aggregate of the two pensions exceed what it would have been had subsection (6) applied.
Marginal note:Calculation of survivor’s pension when disability pension payable under provincial pension plan
(8) Except where otherwise provided by an agreement under section 80, where a survivor’s pension under this Act and a disability pension under a provincial pension plan are payable to the survivor of a contributor and either the date of death of the contributor or the date on which the survivor is deemed to have become disabled for the purposes of a provincial pension plan is after December 31, 1997, the amount of the survivor’s pension is an amount that, when added to the amount of the disability pension for a month in the year in which the survivor’s pension or the disability pension commenced to be payable, whichever is the later, equals the aggregate of
(a) the greater of
(i) the flat rate benefit payable under subparagraph (1)(a)(i), and
(ii) the flat rate benefit payable under the provincial pension plan in respect of disability, and
(b) the lesser of
(i) the aggregate of
(A) the greater of
(I) the amount payable under subparagraph (1)(a)(ii), and
(II) the portion of the contributor’s retirement pension payable to the survivor under the provincial pension plan in respect of disability, and
(B) 60% of the lesser of the amount described in subclause (A)(I) and the amount described in subclause (A)(II), and
(ii) 75% of the amount of a benefit of 25% of 1/12 of the survivor’s Maximum Pensionable Earnings Average for the later of the year in which the survivor first became qualified to receive the survivor’s pension and the year in which the survivor’s disability pension commenced to be payable, adjusted in accordance with subsection 45(2) as if the benefit had commenced to be payable in the later of the year in which the survivor first became qualified to receive the survivor’s pension and the year in which the survivor’s disability pension commenced to be payable.
Marginal note:Calculation of survivor’s pension when disability pension payable under provincial pension plan
(8.1) Except where otherwise provided by an agreement under section 80, where a survivor’s pension under this Act and a disability pension under a provincial pension plan are payable to the survivor of a contributor and subsection (8) does not apply, the amount of the survivor’s pension is an amount that, when added to the amount of the disability pension for a month in the year in which the survivor’s pension or the disability pension commenced to be payable, whichever is the later, equals the aggregate of
(a) the greater of
(i) the flat rate benefit payable under subparagraph (1)(a)(i), and
(ii) the flat rate benefit payable under the provincial pension plan in respect of disability, and
(b) the lesser of
(i) the aggregate of
(A) the amounts payable under subparagraph (1)(a)(ii), and
(B) the portion of the contributor’s retirement pension payable to the survivor under the provincial pension plan in respect of disability, and
(ii) the amount of a benefit of 25% of 1/12 of the average of the Year’s Maximum Pensionable Earnings for the later of the year in which the survivor first became qualified to receive the survivor’s pension and the year in which the survivor’s disability pension commenced to be payable, and for each of the two preceding years, adjusted in accordance with subsection 45(2) as if the benefit had commenced to be payable in the later of the year in which the survivor first became qualified to receive the survivor’s pension and the year in which the survivor’s disability pension commenced to be payable.
Marginal note:Interpretation
(9) For the purposes of this section, a survivor first becomes qualified to receive a survivor’s pension in the month following the month in which the survivor first met the criteria of subsection 44(1) in relation to that pension.
- R.S., 1985, c. C-8, s. 58
- R.S., 1985, c. 30 (2nd Supp.), s. 26
- 1991, c. 44, s. 12
- 1997, c. 40, s. 76
- 2000, c. 12, ss. 50, 64
- Date modified: