Acts and Regulations

M-7.1 - Members’ Pension Act

Full text
Children’s pension
14(1)Subject to subsections (2) and (3), if a person described in subsection 13(1) dies without leaving a surviving spouse or surviving common-law partner, or if a surviving spouse’s pension or surviving common-law partner’s pension is not payable or ceases to be payable under this Part, a children’s pension equal to the surviving spouse’s pension or surviving common-law partner’s pension that was being paid or could have been paid under section 13 shall be paid in equal shares to the children of that person who, at the time of that person’s death, are dependent on that person for support and who are
(a) under nineteen years of age and will not attain the age of nineteen in the calendar year that includes that time, or
(b) under twenty-five years of age and will not attain the age of twenty-five in the calendar year that includes that time and who are in full-time attendance at an educational institution.
14(2)For the purposes of subsection (1), a child who has attained 19 years of age and who at the time of death of the person described in subsection 13(1) is dependent on that person for support and is dependent on that person by reason of mental or physical infirmity, shall be deemed to be a child not having attained 19 years of age.
14(3)A children’s pension shall be paid to the person having custody and control of the child but where there is no such person it shall be paid to the child or to such other person as the Minister designates.
14(4)A children’s pension ceases to be payable
(a) in the case of a child described in paragraph (1)(a), when the child reaches the age of nineteen years,
(b) in the case of a child described in paragraph (1)(b), when the child reaches the age of twenty-five years or ceases to be in full-time attendance at an educational institution, whichever occurs earlier, or
(c) in the case of a child described in subsection (2), if the child ceases to have a mental or physical infirmity.
2000, c.7, s.7; 2008, c.45, s.17
Children’s pension
14(1)Subject to subsections (2) and (3), if a person described in subsection 13(1) dies without leaving a surviving spouse or surviving common-law partner, or if a surviving spouse’s pension or surviving common-law partner’s pension is not payable or ceases to be payable under this Part, a children’s pension equal to the surviving spouse’s pension or surviving common-law partner’s pension that was being paid or could have been paid under section 13 shall be paid in equal shares to the children of that person who, at the time of that person’s death, are dependent on that person for support and who are
(a) under nineteen years of age and will not attain the age of nineteen in the calendar year that includes that time, or
(b) under twenty-five years of age and will not attain the age of twenty-five in the calendar year that includes that time and who are in full-time attendance at an educational institution.
14(2)For the purposes of subsection (1), a child who has attained 19 years of age and who at the time of death of the person described in subsection 13(1) is dependent on that person for support and is dependent on that person by reason of mental or physical infirmity, shall be deemed to be a child not having attained 19 years of age.
14(3)A children’s pension shall be paid to the person having custody and control of the child but where there is no such person it shall be paid to the child or to such other person as the Minister designates.
14(4)A children’s pension ceases to be payable
(a) in the case of a child described in paragraph (1)(a), when the child reaches the age of nineteen years,
(b) in the case of a child described in paragraph (1)(b), when the child reaches the age of twenty-five years or ceases to be in full-time attendance at an educational institution, whichever occurs earlier, or
(c) in the case of a child described in subsection (2), if the child ceases to have a mental or physical infirmity.
2000, c.7, s.7; 2008, c.45, s.17
Children’s pension
14(1)Subject to subsections (2) and (3), where a person described in subsection 13(1) does not leave a surviving spouse or where a surviving spouse’s pension ceases to be payable, a children’s pension equal to the surviving spouse’s pension that was being paid or could have been paid under section 13 is to be paid in equal shares to the children of the contributor who, at the time of the death of the contributor, are dependent on the contributor for support and who are
(a) under nineteen years of age and will not attain the age of nineteen in the calendar year that includes that time, or
(b) under twenty-five years of age and will not attain the age of twenty-five in the calendar year that includes that time and who are in full-time attendance at an educational institution.
14(2)For the purposes of subsection (1), a child who has attained nineteen years of age and who at the time of death of the contributor is dependent on the contributor for support and is dependent on the contributor by reason of mental or physical infirmity, shall be deemed to be a child not having attained nineteen years of age.
14(3)A children’s pension shall be paid to the person having custody and control of the child but where there is no such person it shall be paid to the child or to such other person as the Minister designates.
14(4)A children’s pension ceases to be payable
(a) in the case of a child described in paragraph (1)(a), when the child reaches the age of nineteen years,
(b) in the case of a child described in paragraph (1)(b), when the child reaches the age of twenty-five years or ceases to be in full-time attendance at an educational institution, whichever occurs earlier, or
(c) in the case of a child described in subsection (2), if the child ceases to have a mental or physical infirmity.
2000, c.7, s.7