Acts and Regulations

M-8 - Members Superannuation Act

Section 10
Disposition versions

Full text
Return of contributions
10(1)A member who has to his credit less than ten sessions of pensionable service is entitled, upon ceasing to be a member, to a return of contributions.
10(2)Upon the death of a member who had to his credit less than ten sessions of pensionable service, a return of contributions shall be paid
(a) to his surviving spouse,
(b) if there is no surviving spouse or he cannot be found, to his children, or
(c) if there are no children or they cannot be found, to his estate.
10(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 20.01(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.
10(3)Where a minister ceases to be a minister but remains a member, he may apply in writing to the Minister for a return of his contributions as a minister and shall thereby irrevocably forfeit the right to a minister’s pension in respect of that pensionable service.
1968, c.8, s.10; 1974, c.27 (Supp.), s.3; 1998, c.35, s.2
Right of member to return of contributions
10(1)A member who has to his credit less than ten sessions of pensionable service is entitled, upon ceasing to be a member, to a return of contributions.
Return of contributions to surviving spouse
10(2)Upon the death of a member who had to his credit less than ten sessions of pensionable service, a return of contributions shall be paid
(a) to his surviving spouse,
(b) if there is no surviving spouse or he cannot be found, to his children, or
(c) if there are no children or they cannot be found, to his estate.
Entitlement
10(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 20.01(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.
Return of contributions where a minister becomes a member
10(3)Where a minister ceases to be a minister but remains a member, he may apply in writing to the Minister for a return of his contributions as a minister and shall thereby irrevocably forfeit the right to a minister’s pension in respect of that pensionable service.
1968, c.8, s.10; 1974, c.27(Supp.), s.3; 1998, c.35, s.2