Acts and Regulations

M-7.1 - Members’ Pension Act

Section 9
Disposition versions

Full text
Return of contributions
9(1)A member who has to his or her credit fewer than eight sessions of pensionable service is entitled, upon ceasing to be a member, to a return of contributions, together with interest.
9(2)On the death of a member who had to his or her credit fewer than 8 sessions of pensionable service, a return of contributions, together with interest, shall be paid
(a) to the member’s surviving spouse if he or she can be found and would have been entitled to receive the surviving spouse’s pension under section 13 at the time of the member’s death had the member had to his or her credit 8 or more sessions of pensionable service,
(b) if no person is paid under paragraph (a), to the member’s surviving common-law partner if he or she can be found and would have been entitled to receive the surviving common-law partner’s pension under section 13 at the time of the member’s death had the member had to his or her credit 8 or more sessions of pensionable service,
(c) if no person is paid under paragraph (a) or (b), in equal shares to the member’s children who can be found, or
(d) if no person is paid under paragraph (a), (b) or (c), to the member’s estate.
9(2.1)Repealed: 2008, c.45, s.17
9(3)Repealed: 2000, c.7, s.6
1998, c.35, s.1; 2000, c.7, s.6; 2008, c.45, s.17
Return of contributions
9(1)A member who has to his or her credit fewer than eight sessions of pensionable service is entitled, upon ceasing to be a member, to a return of contributions, together with interest.
9(2)On the death of a member who had to his or her credit fewer than 8 sessions of pensionable service, a return of contributions, together with interest, shall be paid
(a) to the member’s surviving spouse if he or she can be found and would have been entitled to receive the surviving spouse’s pension under section 13 at the time of the member’s death had the member had to his or her credit 8 or more sessions of pensionable service,
(b) if no person is paid under paragraph (a), to the member’s surviving common-law partner if he or she can be found and would have been entitled to receive the surviving common-law partner’s pension under section 13 at the time of the member’s death had the member had to his or her credit 8 or more sessions of pensionable service,
(c) if no person is paid under paragraph (a) or (b), in equal shares to the member’s children who can be found, or
(d) if no person is paid under paragraph (a), (b) or (c), to the member’s estate.
9(2.1)Repealed: 2008, c.45, s.17
9(3)Repealed: 2000, c.7, s.6
1998, c.35, s.1; 2000, c.7, s.6; 2008, c.45, s.17
Return of contributions
9(1)A member who has to his or her credit fewer than eight sessions of pensionable service is entitled, upon ceasing to be a member, to a return of contributions, together with interest.
9(2)On the death of a member who had to his or her credit fewer than eight sessions of pensionable service, a return of contributions, together with interest, shall be paid
(a) to the member’s surviving spouse,
(b) if there is no surviving spouse or the surviving spouse cannot be found, to the member’s children, or
(c) if there are no children or they cannot be found, to the member’s estate.
9(2.1)If two persons claim to be the surviving spouse of a member referred to in subsection (2), and one of those persons is a spouse because that person was married, other than in a void or voidable marriage, to the member at the time of the member’s death, that spouse is entitled to the return of contributions under subsection (2), if otherwise eligible and subject to subsection 20.1(3), unless there is a valid written agreement between the member and that spouse, or a court order or judgment, that bars that spouse’s claim.
9(3)Repealed: 2000, c.7, s.6
1998, c.35, s.1; 2000, c.7, s.6