Acts and Regulations

P-26 - Public Service Superannuation Act

Section 12
Disposition versions

Full text
Children’s pension
12(1)Where a contributor who had to the contributor’s credit 5 or more years pensionable service dies without leaving a surviving spouse or surviving common-law partner, or where a surviving spouse’s pension or surviving common-law partner’s pension is not payable under this Act or ceases to be payable under subsection 11(5), a children’s pension equal to the surviving spouse’s pension or surviving common-law partner’s pension that was being paid or could have been paid under section 11 shall be paid in equal shares to the children of the contributor who, at the time of the contributor’s death, are both dependent on the contributor for support and
(a) under 19 years of age and will not attain the age of 19 years in the calendar year that includes that time,
(b) under 25 years of age and will not attain the age of 25 years in the calendar year that includes that time and who are in full-time attendance at an educational institution, or
(c) dependent on the contributor by reason of mental or physical infirmity.
12(2)Where a children’s pension is payable under this section, it is to be paid to the person having custody and control of the child and where there is no such person, it is to be paid to the child or to such other person as the Minister directs.
12(3)A children’s pension ceases to be payable
(a) in the case of a child described in paragraph (1)(a), on December 31 of the calendar year in which the child attains the age of 18 years,
(b) in the case of a child described in paragraph (1)(b), when the child attains the age of 25 years or ceases to be in full-time attendance at an educational institution, whichever occurs earlier, or
(c) in the case of a child described in paragraph (1)(c), if the child ceases to be infirm.
12(4)Notwithstanding subsections (1) to (3), the total of a children’s pension under this section 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.12; 1972, c.57, s.10; 1974, c.41(Supp.), s.6; 2008, c.16, s.11; 2008, c.45, s.31
Children’s pension
12(1)Where a contributor who had to the contributor’s credit 5 or more years pensionable service dies without leaving a surviving spouse or where a surviving spouse’s pension ceases under subsection 11(5), a children’s pension equal to the surviving spouse’s pension that was being paid or could have been paid under section 11 is to be paid in equal shares to the children of the contributor who, at the time of the contributor’s death, are both dependent on the contributor for support and
(a) under 19 years of age and will not attain the age of 19 years in the calendar year that includes that time,
(b) under 25 years of age and will not attain the age of 25 years in the calendar year that includes that time and who are in full-time attendance at an educational institution, or
(c) dependent on the contributor by reason of mental or physical infirmity.
12(2)Where a children’s pension is payable under this section, it is to be paid to the person having custody and control of the child and where there is no such person, it is to be paid to the child or to such other person as the Minister directs.
12(3)A children’s pension ceases to be payable
(a) in the case of a child described in paragraph (1)(a), on December 31 of the calendar year in which the child attains the age of 18 years,
(b) in the case of a child described in paragraph (1)(b), when the child attains the age of 25 years or ceases to be in full-time attendance at an educational institution, whichever occurs earlier, or
(c) in the case of a child described in paragraph (1)(c), if the child ceases to be infirm.
12(4)Notwithstanding subsections (1) to (3), the total of a children’s pension under this section 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.12; 1972, c.57, s.10; 1974, c.41(Supp.), s.6; 2008, c.16, s.11
When children’s pension paid
12(1)Where a contributor who had to his credit five or more years pensionable service dies without leaving a surviving spouse or where a surviving spouse’s pension ceases pursuant to subsection 11(5), a children’s pension equal to the surviving spouse’s pension that was being paid or could have been paid pursuant to section 11 is to be paid in equal shares to the children of the contributor who are under eighteen years of age.
When children’s pension paid
12(2)Notwithstanding subsection (1), the Lieutenant-Governor in Council may grant a children’s pension to or on behalf of a child eighteen or more years of age who is disabled.
To whom children’s pension paid
12(3)Where a children’s pension is payable under this section, it is to be paid to the person having custody and control of the child and where there is no such person, it is to be paid to the child himself or to such other person as the Minister directs.
1966, c.23, s.12; 1972, c.57, s.10; 1974, c.41(Supp.), s.6