Surviving spouse’s pension
13(1)Subject to subsections (2), (3) and (4), upon the death of a person who at the time of his 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 credit ten or more sessions of pensionable service,
his surviving spouse is entitled to receive immediately a surviving spouse’s pension equal to one-half the amount calculated under sections 11 and 12.
13(2)Subject to section 15, a surviving spouse’s pension ceases to be payable upon the death of the surviving spouse.
13(3)A surviving spouse is not entitled to receive a surviving spouse’s pension if his spouse was receiving an annual pension prior to the date of their marriage unless he again became a member subsequent to 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 20.01(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.
1968, c.8, s.13; 1970, c.30, s.4; 1974, c.27 (Supp.), s.4; 1978, c.36, s.6; 1978, c.81, s.1; 1993, c.65, s.5; 1998, c.35, s.2; 2001, c.5, s.2