Acts and Regulations

P-26 - Public Service Superannuation Act

Section 11
Disposition versions

Full text
Surviving spouse’s pension or surviving common-law partner’s pension
11(1)Subject to subsections (2), (3), (4), (5), (7), (8), (8.1), (8.2) and (10) and 19.1(3) and (5), upon the death of a contributor who had to his or her credit 5 or more years pensionable service, his or her surviving spouse is entitled to a surviving spouse’s pension equal to,
(a) where the contributor was in receipt of an immediate pension pursuant to the Superannuation Act or section 10 or 10.1 of this Act, one-half his or her pension;
(b) where the contributor was in receipt of an annual allowance pursuant to this Act, one-half of the immediate pension that would have been payable if the contributor had been entitled to receive an immediate pension when the contributor commenced receipt of the annual allowance;
(c) where the contributor was employed in the Public Service at the time of the contributor’s death, one-half of the immediate pension that would have been payable if the contributor had been entitled to receive an immediate pension at the time of the contributor’s death; or
(d) where the contributor had elected to receive a deferred pension but had not yet attained retirement age, one-half of the immediate pension that would have been payable if the contributor had been entitled to receive an immediate pension at the time of the contributor’s death.
11(1.1)Subject to subsections (2), (3.1), (4), (5), (8), (8.1), (8.2) and (10) and 19.1(3) and (5), upon the death of a contributor who had to his or her credit 5 or more years pensionable service, his or her surviving common-law partner is entitled to a surviving common-law partner’s pension equal to the amount referred to in paragraph (1)(a), (b), (c) or (d), as the case may be, if no surviving spouse’s pension is paid under this section.
11(2)Where reference is made in subsection (1) or (1.1) to the surviving spouse’s pension or surviving common-law partner’s pension being ½ of the contributor’s immediate pension, that immediate pension shall be calculated in accordance with subsection 7(2) if the surviving spouse or surviving common-law partner is eligible for a survivor’s pension under the Canada Pension plan, and in accordance with paragraph 7(2)(a) for all years of service if the surviving spouse or surviving common-law partner is not eligible for a survivor’s pension under the Canada Pension plan.
11(3)Where a surviving spouse is in receipt of a surviving spouse’s pension under this Act and a survivor’s pension under the Canada Pension plan and the sum of these 2 pensions is less than ½ of the pension that would have been payable had it been calculated in accordance with paragraph 7(2)(a) for all years of service, the Minister shall, on application to the Minister in writing by the surviving spouse, grant him or her an additional allowance equal to the difference.
11(3.1)Where a surviving common-law partner is in receipt of a surviving common-law partner’s pension under this Act and a survivor’s pension under the Canada Pension plan and the sum of these 2 pensions is less than ½ of the pension that would have been payable had it been calculated in accordance with paragraph 7(2)(a) for all years of service, the Minister shall, on application to the Minister in writing by the surviving common-law partner, grant him or her an additional allowance equal to the difference.
11(4)If an additional allowance is granted under subsection (3) or (3.1), it shall be reduced by the amount of any subsequent increase in the survivor’s pension under the Canada Pension plan of that surviving spouse or surviving common-law partner.
11(5)A surviving spouse’s pension ceases to be payable on the death of that surviving spouse and a surviving common-law partner’s pension ceases to be payable on the death of that surviving common-law partner.
11(6)Repealed: 1977, c.43, s.5
11(7)Where a contributor dies within one year after the date of his or her marriage, no surviving spouse’s pension is payable to his or her surviving spouse if the Minister is not satisfied that the contributor was at the time of the date of his or her marriage in such a condition of health as to justify him or her in having an expectation of surviving for at least one year thereafter.
11(7.1)Repealed: 2008, c.45, s.31
11(8)Subject to subsections (8.2) and 19.1(3) and (5), the surviving spouse of a contributor is entitled to a surviving spouse’s pension, if otherwise eligible, and the surviving common-law partner of that contributor is not entitled to a surviving common-law partner’s pension if
(a) the surviving spouse was married to the contributor at the time of the contributor’s death, and
(b) the marriage of the surviving spouse and the contributor was not a void or voidable marriage.
11(8.1)The spouse or common-law partner of a contributor may enter into a written agreement with the contributor that waives his or her entitlement to a surviving spouse’s pension or surviving common-law partner’s pension, as the case may be.
11(8.2)A surviving spouse is not entitled to a surviving spouse’s pension and a surviving common-law partner is not entitled to a surviving common-law partner’s pension if there is
(a) a valid written agreement referred to in subsection (8.1), or
(b) a decree, order or judgment of a competent tribunal that bars the claim of the surviving spouse or surviving common-law partner.
11(9)Repealed: 2008, c.45, s.31
11(10)Notwithstanding subsections (1) to (4), the total of a surviving spouse’s pension or surviving common-law partner’s pension, as the case may be, and any additional allowance under subsections (1) to (4) shall not exceed the amounts permitted under paragraphs 8503(2)(d) and (e) of the Income Tax Regulations under the Income Tax Act (Canada).
1966, c.23, s.11; 1971, c.58, s.5; 1972, c.57, s.9; 1974, c.41(Supp.), s.5; 1977, c.43, s.5; 1991, c.45, s.7; 1998, c.35, s.4; 1999, c.14, s.5; 2008, c.16, s.10; 2008, c.45, s.31
Surviving spouse’s pension
11(1)Subject to this section, upon the death of a contributor who had to his credit five or more years pensionable service, his surviving spouse is entitled to a surviving spouse’s pension equal to,
(a) where the contributor was in receipt of an immediate pension pursuant to the Superannuation Act or section 10 or 10.1 of this Act, one-half his pension;
(b) where the contributor was in receipt of an annual allowance pursuant to this Act, one-half of the immediate pension that would have been payable if the contributor had been entitled to receive an immediate pension when the contributor commenced receipt of the annual allowance;
(c) where the contributor was employed in the Public Service at the time of the contributor’s death, one-half of the immediate pension that would have been payable if the contributor had been entitled to receive an immediate pension at the time of the contributor’s death; or
(d) where the contributor had elected to receive a deferred pension but had not yet attained retirement age, one-half of the immediate pension that would have been payable if the contributor had been entitled to receive an immediate pension at the time of the contributor’s death.
11(2)Where reference is made in subsection (1) to the surviving spouse’s pension being one-half the contributor’s immediate pension, that immediate pension is to be calculated in accordance with subsection 7(2) if the surviving spouse is eligible as a surviving spouse for a pension under the Canada Pension Plan, and in accordance with paragraph 7(2)(a) for all years of service if he is not eligible as a surviving spouse for a pension under the Canada Pension Plan.
11(3)Where a surviving spouse is in receipt of a surviving spouse’s pension under this Act and, as a surviving spouse, of a pension under the Canada Pension Plan and the sum of these two pensions is less than one-half the pension that would have been payable had it been calculated in accordance with paragraph 7(2)(a) for all years of service, the Minister shall on application to him in writing by the surviving spouse, grant an additional allowance equal to the difference.
11(4)Where an additional allowance is granted pursuant to subsection (3), it is to be reduced by the amount of any subsequent increase in that surviving spouse’s pension under the Canada Pension Plan.
11(5)Where, pursuant to this section, the surviving spouse of a contributor is entitled to a surviving spouse’s pension, payment of the pension ceases in the event of his death.
11(6)Repealed: 1977, c.43, s.5
11(7)Where a contributor dies within one year after the date of his marriage, no surviving spouse’s pension is payable to his surviving spouse if the Minister is not satisfied that the contributor was at the time of the date of his marriage in such a condition of health as to justify him in having an expectation of surviving for at least one year thereafter.
11(7.1)Subsection (7), as amended on the commencement of this subsection, applies in relation to the academic employees of the University of New Brunswick, as defined in subsection 26.1(1), who have to their credit pensionable service under this Act before January 1, 1993, and to the University of New Brunswick in respect of such academic employees.
11(8)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 contributor at the time of the contributor’s death, that spouse is entitled to the surviving spouse’s pension, if otherwise eligible and subject to subsection 19.1(3), unless there is a valid written agreement between the contributor and that spouse, or a court order or judgment, that bars that spouse’s claim.
11(9)Subsection (8) applies in relation to the academic employees of the University of New Brunswick, as defined in subsection 26.1(1), who have to their credit pensionable service under this Act before January 1, 1993, and to the University of New Brunswick in respect of such academic employees.
11(10)Notwithstanding subsections (1) to (4), the total of a surviving spouse’s pension and any additional allowance under subsections (1) to (4) shall not exceed the amounts permitted under paragraphs 8503(2)(d) and (e) of the Income Tax Regulations under the Income Tax Act (Canada).
1966, c.23, s.11; 1971, c.58, s.5; 1972, c.57, s.9; 1974, c.41(Supp.), s.5; 1977, c.43, s.5; 1991, c.45, s.7; 1998, c.35, s.4; 1999, c.14, s.5; 2008, c.16, s.10
Calculation of surviving spouse’s pension
11(1)Subject to this section, upon the death of a contributor who had to his credit five or more years pensionable service, his surviving spouse is entitled to a surviving spouse’s pension equal to,
(a) where the contributor was in receipt of an immediate pension pursuant to the Superannuation Act or section 10 or 10.1 of this Act, one-half his pension;
(b) where the contributor was in receipt of an annual allowance pursuant to this Act, one-half of the immediate pension that would have been payable if the contributor had been entitled to receive an immediate pension when the contributor commenced receipt of the annual allowance;
(c) where the contributor was employed in the Public Service at the time of the contributor’s death, one-half of the immediate pension that would have been payable if the contributor had been entitled to receive an immediate pension at the time of the contributor’s death; or
(d) where the contributor had elected to receive a deferred pension but had not yet attained retirement age, one-half of the immediate pension that would have been payable if the contributor had been entitled to receive an immediate pension at the time of the contributor’s death.
Calculation of surviving spouse’s pension
11(2)Where reference is made in subsection (1) to the surviving spouse’s pension being one-half the contributor’s immediate pension, that immediate pension is to be calculated in accordance with subsection 7(2) if the surviving spouse is eligible as a surviving spouse for a pension under the Canada Pension Plan, and in accordance with paragraph 7(2)(a) for all years of service if he is not eligible as a surviving spouse for a pension under the Canada Pension Plan.
Calculation of surviving spouse’s pension
11(3)Where a surviving spouse is in receipt of a surviving spouse’s pension under this Act and, as a surviving spouse, of a pension under the Canada Pension Plan and the sum of these two pensions is less than one-half the pension that would have been payable had it been calculated in accordance with paragraph 7(2)(a) for all years of service, the Minister shall on application to him in writing by the surviving spouse, grant an additional allowance equal to the difference.
Calculation of surviving spouse’s pension
11(4)Where an additional allowance is granted pursuant to subsection (3), it is to be reduced by the amount of any subsequent increase in that surviving spouse’s pension under the Canada Pension Plan.
Effect of death
11(5)Where, pursuant to this section, the surviving spouse of a contributor is entitled to a surviving spouse’s pension, payment of the pension ceases in the event of his death.
Repealed
11(6)Repealed: 1977, c.43, s.5
Ineligibility for surviving spouse’s pension
11(7)Where a contributor dies within one year after the date of his marriage, no surviving spouse’s pension is payable to his surviving spouse if the Minister is not satisfied that the contributor was at the time of the date of his marriage in such a condition of health as to justify him in having an expectation of surviving for at least one year thereafter.
Application of subsection 11(7) in relation to the University of New Brunswick and its academic employees
11(7.1)Subsection (7), as amended on the commencement of this subsection, applies in relation to the academic employees of the University of New Brunswick, as defined in subsection 26.1(1), who have to their credit pensionable service under this Act before January 1, 1993, and to the University of New Brunswick in respect of such academic employees.
Entitlement
11(8)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 contributor at the time of the contributor’s death, that spouse is entitled to the surviving spouse’s pension, if otherwise eligible and subject to subsection 19.1(3), unless there is a valid written agreement between the contributor and that spouse, or a court order or judgment, that bars that spouse’s claim.
Application of subsection 11(8) in relation to the University of New Brunswick and its academic employees
11(9)Subsection (8) applies in relation to the academic employees of the University of New Brunswick, as defined in subsection 26.1(1), who have to their credit pensionable service under this Act before January 1, 1993, and to the University of New Brunswick in respect of such academic employees.
1966, c.23, s.11; 1971, c.58, s.5; 1972, c.57, s.9; 1974, c.41(Supp.), s.5; 1977, c.43, s.5; 1991, c.45, s.7; 1998, c.35, s.4; 1999, c.14, s.5