Acts and Regulations

M-7.1 - Members’ Pension Act

Section 13
Disposition versions

Full text
Surviving spouse’s pension or surviving common-law partner’s pension
13(1)Subject to subsections (1.1), (1.2), (1.3), (2), (4), (5) and (6) and 20.1(3) and (5), on the death of a person who at the time of his or her death
(a) was receiving an annual pension,
(b) was entitled to receive an annual pension suspended under subsection 18(2), or
(c) was a member who had to his or her credit eight or more sessions of pensionable service,
his or her surviving spouse or surviving common-law partner is entitled to receive immediately a surviving spouse’s pension or surviving common-law partner’s pension, as the case may be, equal to one-half the amount of the person’s annual pension calculated in accordance with subsection 10(2) and, where applicable, one-half of the amount of the minister’s pension calculated in accordance with subsection 11(3), regardless of the age of the person at his or her death.
13(1.1)Where a person described in subsection (1) dies within one year after the date of his or her marriage, no surviving spouse’s pension is payable to his or her surviving spouse unless the Minister considers it would be just and reasonable in the circumstances for the surviving spouse to be paid a surviving spouse’s pension.
13(1.2)Subsection (1.1) applies whether the marriage occurs before, on or after the commencement of this subsection.
13(1.3)For the purposes of subsection (1.1), the surviving spouse must show the Minister that the marriage was entered into in good faith.
13(2)A surviving spouse’s pension ceases to be payable on the death of that surviving spouse and a surviving common-law partner’s pension ceases to be payable on the death of that surviving common-law partner.
13(3)Repealed: 2007, c.50, s.1
13(4)Subject to subsections (6) and 20.1(3) and (5), the surviving spouse of a person described in subsection (1) is entitled to receive a surviving spouse’s pension, if otherwise eligible, and the surviving common-law partner of that person is not entitled to receive a surviving common-law partner’s pension if
(a) the surviving spouse was married to the person at the time of the person’s death, and
(b) the marriage of the surviving spouse and the person was not a void or voidable marriage.
13(5)The spouse or common-law partner of a person described in subsection (1) may enter into a written agreement with that person that waives his or her entitlement to receive a surviving spouse’s pension or surviving common-law partner’s pension, as the case may be.
13(6)A surviving spouse is not entitled to receive a surviving spouse’s pension and a surviving common-law partner is not entitled to receive a surviving common-law partner’s pension if there is
(a) a valid written agreement referred to in subsection (5), or
(b) a decree, order or judgment of a competent tribunal that bars the claim of the surviving spouse or surviving common-law partner.
1998, c.35, s.1; 2007, c.50, s.1; 2008, c.45, s.17
Surviving spouse’s pension or surviving common-law partner’s pension
13(1)Subject to subsections (1.1), (1.2), (1.3), (2), (4), (5) and (6) and 20.1(3) and (5), on the death of a person who at the time of his or her death
(a) was receiving an annual pension,
(b) was entitled to receive an annual pension suspended under subsection 18(2), or
(c) was a member who had to his or her credit eight or more sessions of pensionable service,
his or her surviving spouse or surviving common-law partner is entitled to receive immediately a surviving spouse’s pension or surviving common-law partner’s pension, as the case may be, equal to one-half the amount of the person’s annual pension calculated in accordance with subsection 10(2) and, where applicable, one-half of the amount of the minister’s pension calculated in accordance with subsection 11(3), regardless of the age of the person at his or her death.
13(1.1)Where a person described in subsection (1) dies within one year after the date of his or her marriage, no surviving spouse’s pension is payable to his or her surviving spouse unless the Minister considers it would be just and reasonable in the circumstances for the surviving spouse to be paid a surviving spouse’s pension.
13(1.2)Subsection (1.1) applies whether the marriage occurs before, on or after the commencement of this subsection.
13(1.3)For the purposes of subsection (1.1), the surviving spouse must show the Minister that the marriage was entered into in good faith.
13(2)A surviving spouse’s pension ceases to be payable on the death of that surviving spouse and a surviving common-law partner’s pension ceases to be payable on the death of that surviving common-law partner.
13(3)Repealed: 2007, c.50, s.1
13(4)Subject to subsections (6) and 20.1(3) and (5), the surviving spouse of a person described in subsection (1) is entitled to receive a surviving spouse’s pension, if otherwise eligible, and the surviving common-law partner of that person is not entitled to receive a surviving common-law partner’s pension if
(a) the surviving spouse was married to the person at the time of the person’s death, and
(b) the marriage of the surviving spouse and the person was not a void or voidable marriage.
13(5)The spouse or common-law partner of a person described in subsection (1) may enter into a written agreement with that person that waives his or her entitlement to receive a surviving spouse’s pension or surviving common-law partner’s pension, as the case may be.
13(6)A surviving spouse is not entitled to receive a surviving spouse’s pension and a surviving common-law partner is not entitled to receive a surviving common-law partner’s pension if there is
(a) a valid written agreement referred to in subsection (5), or
(b) a decree, order or judgment of a competent tribunal that bars the claim of the surviving spouse or surviving common-law partner.
1998, c.35, s.1; 2007, c.50, s.1; 2008, c.45, s.17
Surviving spouse’s pension
13(1)Subject to subsections (1.1), (1.2), (1.3), (2) and (4), on the death of a person who at the time of his or her death
(a) was receiving an annual pension,
(b) was entitled to receive an annual pension suspended under subsection 18(2), or
(c) was a member who had to his or her credit eight or more sessions of pensionable service,
the person’s surviving spouse is entitled to receive immediately a surviving spouse’s pension equal to one-half the amount of the person’s annual pension calculated in accordance with subsection 10(2) and, where applicable, one-half of the amount of the minister’s pension calculated in accordance with subsection 11(3), regardless of the age of the person at his or her death.
13(1.1)Where a person described in subsection (1) dies within one year after the date of his or her marriage, no surviving spouse’s pension is payable to his or her surviving spouse unless the Minister considers it would be just and reasonable in the circumstances for the surviving spouse to be paid a surviving spouse’s pension.
13(1.2)Subsection (1.1) applies whether the marriage occurs before, on or after the commencement of this subsection.
13(1.3)For the purposes of subsection (1.1), the surviving spouse must show the Minister that the marriage was entered into in good faith.
13(2)Subject to section 15, a surviving spouse’s pension ceases to be payable on the death of the surviving spouse.
13(3)Repealed: 2007, c.50, s.1
13(4)If two persons claim the surviving spouse’s pension under this section, and one of those persons is a spouse because that person was married, other than in a void or voidable marriage, to the person referred to in subsection (1) at the time of that person’s death, that spouse is entitled to the surviving spouse’s pension, if otherwise eligible and subject to subsection 20.1(3), unless there is a valid written agreement between the person referred to in subsection (1) and that spouse, or a court order or judgment, that bars that spouse’s claim.
1998, c.35, s.1; 2007, c.50, s.1
Surviving spouse’s pension
13(1)Subject to subsections (2), (3) and (4), on the death of a person who at the time of his or her death
(a) was receiving an annual pension,
(b) was entitled to receive an annual pension suspended under subsection 18(2), or
(c) was a member who had to his or her credit eight or more sessions of pensionable service,
the person’s surviving spouse is entitled to receive immediately a surviving spouse’s pension equal to one-half the amount of the person’s annual pension calculated in accordance with subsection 10(2) and, where applicable, one-half of the amount of the minister’s pension calculated in accordance with subsection 11(3), regardless of the age of the person at his or her death.
13(2)Subject to section 15, a surviving spouse’s pension ceases to be payable on the death of the surviving spouse.
13(3)A surviving spouse is not entitled to receive a surviving spouse’s pension if the spouse was receiving an annual pension before the date of their marriage unless the spouse again became a member after that date.
13(4)If two persons claim the surviving spouse’s pension under this section, and one of those persons is a spouse because that person was married, other than in a void or voidable marriage, to the person referred to in subsection (1) at the time of that person’s death, that spouse is entitled to the surviving spouse’s pension, if otherwise eligible and subject to subsection 20.1(3), unless there is a valid written agreement between the person referred to in subsection (1) and that spouse, or a court order or judgment, that bars that spouse’s claim.
1998, c.35, s.1