Acts and Regulations

M-8 - Members Superannuation Act

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Allowance payable to a surviving spouse
23(1)Subject to subsections (2) to (7), upon the death of a person who was receiving an annual pension prior to the date of his or her marriage to his or her surviving spouse, that surviving spouse is entitled to receive immediately an allowance equal to one-half the amount calculated under section 11 or 22.1, as the case may be, and section 12.
23(2)A surviving spouse who is entitled to a surviving spouse’s pension is not entitled to an allowance under this Part.
23(3)Where a person described in subsection (1) dies within one year after the date of his or her marriage, no allowance 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 an allowance.
23(4)Subsection (3) applies whether the marriage occurs before, on or after the commencement of this subsection.
23(5)For the purposes of subsection (3), the surviving spouse must show the Minister that the marriage was entered into in good faith.
23(6)A children’s pension is not payable at the same time as an allowance is being paid to a surviving spouse.
23(7)A children’s pension is payable upon the death of a surviving spouse who was receiving an allowance under this Part.
2007, c.50, s.2; 2011, c.35, s.21
Allowance payable to a surviving spouse
23(1)Subject to subsections (2) to (7), upon the death of a person who was receiving an annual pension prior to the date of his or her marriage to his or her surviving spouse, that surviving spouse is entitled to receive immediately an allowance equal to one-half the amount calculated under section 11 or 22.1, as the case may be, and section 12.
23(2)A surviving spouse who is entitled to a surviving spouse’s pension is not entitled to an allowance under this Part.
23(3)Where a person described in subsection (1) dies within one year after the date of his or her marriage, no allowance 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 an allowance.
23(4)Subsection (3) applies whether the marriage occurs before, on or after the commencement of this subsection.
23(5)For the purposes of subsection (3), the surviving spouse must show the Minister that the marriage was entered into in good faith.
23(6)A children’s pension is not payable at the same time as an allowance is being paid to a surviving spouse.
23(7)A children’s pension is payable upon the death of a surviving spouse who was receiving an allowance under this Part.
2007, c.50, s.2; 2011, c.35, s.21
Allowance payable to a surviving spouse
23(1)Subject to subsections (2) to (7), upon the death of a person who was receiving an annual pension prior to the date of his or her marriage to his or her surviving spouse, that surviving spouse is entitled to receive immediately an allowance equal to one-half the amount calculated under sections 11 and 12.
23(2)A surviving spouse who is entitled to a surviving spouse’s pension is not entitled to an allowance under this Part.
23(3)Where a person described in subsection (1) dies within one year after the date of his or her marriage, no allowance 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 an allowance.
23(4)Subsection (3) applies whether the marriage occurs before, on or after the commencement of this subsection.
23(5)For the purposes of subsection (3), the surviving spouse must show the Minister that the marriage was entered into in good faith.
23(6)A children’s pension is not payable at the same time as an allowance is being paid to a surviving spouse.
23(7)A children’s pension is payable upon the death of a surviving spouse who was receiving an allowance under this Part.
2007, c.50, s.2