Canada Pension Plan

Marginal note:Reinstatement of disability pension or post-retirement disability benefit

• 70.1 (1) Subject to this section, a person who has ceased to receive a disability pension or a post-retirement disability benefit because they have returned to work is entitled to have that pension or benefit reinstated if, within two years after the month in which they ceased to receive it, they become incapable again of working.

• Marginal note:Request for reinstatement

  (2) A request by a person for reinstatement of a disability pension or a post-retirement disability benefit shall be made to the Minister in accordance with the regulations. Subsections 60(2), (4), (5) and (8) to (12) apply to the request, with any modifications that the circumstances require.

• Marginal note:Consideration and approval of request by Minister

  (3) The Minister shall approve a request made by a person under subsection (2) if the Minister is satisfied that

  • (a) the person has a severe and prolonged mental or physical disability that is the same as, or is related to, the disability that entitled the person to receive the disability pension or post-retirement disability benefit that is the subject of the request;

  • (b) not more than two years have elapsed from the month in which the person ceased to receive the disability pension or post-retirement disability benefit to the month when they became incapable again of working; and

  • (c) the person had not reached 65 years of age and, if the request is for reinstatement of a disability pension, was not receiving a retirement pension in the month in which they became incapable again of working.

• Marginal note:Reinstatement of disabled contributor’s child benefit

  (4) On reinstatement of a pension or benefit under subsection (3), the Minister shall approve the reinstatement of a disabled contributor’s child benefit that had been payable to the child of the person whose pension or benefit is reinstated if the Minister is satisfied that the child meets the requirements under this Act for payment of a disabled contributor’s child benefit.

• Marginal note:Notification of decision — disability pension or post-retirement disability benefit

  (5) The Minister shall in writing inform a person who makes the request for reinstatement of a pension or benefit of the Minister’s decision whether or not to approve the request.

• Marginal note:Notification of decision — disabled contributor’s child benefit

  (6) The Minister shall in writing inform the person who has made the request for reinstatement of a pension or benefit, a child of that person or, in relation to that child, a person or agency referred to in section 75 of the Minister’s decision whether or not to approve a disabled contributor’s child benefit.

• Marginal note:Application of provisions — reinstated pension or benefit

  (7) The provisions of this Act that apply to a disability pension or a post-retirement disability benefit, as the case may be, except paragraphs 42(2)(b), 44(1)(b) and (h) and (2)(a) and subsection 44(4) and sections 69 and 70.01, apply to a pension or benefit that is reinstated under this section, with any modifications that the circumstances require.

• Marginal note:Application of provisions — disabled contributor’s child benefit

  (8) The provisions of this Act that apply to a disabled contributor’s child benefit, except paragraphs 44(1)(e) and 44(2)(a) and subsections 44(4) and 74(2), apply to a disabled contributor’s child benefit that is reinstated under this section, with such modifications as the circumstances require.

• Marginal note:Amount of disability pension and survivor’s pension

  (9) Despite subsection (7) and subject to any division of unadjusted pensionable earnings under sections 55 to 55.3, the basic monthly amount of a disability pension that is reinstated, and the monthly amount of any survivor’s pension under this Act that is payable to the person whose disability pension is reinstated, shall not be less than the amount that was payable for the month immediately preceding the month in which the pension ceased to be payable, adjusted annually in accordance with subsection 45(2).

• Marginal note:Commencement of payments

  (10) A disability pension, post-retirement disability benefit or disabled contributor’s child benefit that is reinstated pursuant to a request under this section is payable commencing with the month following the month in which the person who made the request under this section became incapable again of working.