Acts and Regulations

P-26 - Public Service Superannuation Act

Section 6
Disposition versions

Full text
Payout of pension
6(1)Where a pension becomes payable under this Act, it shall be paid in equal monthly instalments in arrears and shall continue, subject to this Act, during the lifetime of the recipient and thereafter until the end of the month in which he or she dies and any amount in arrears thereof that remains at any time after his or her death shall be paid
(a) if the recipient was a contributor, to the recipient’s surviving spouse if he or she can be found and is entitled to the surviving spouse’s pension under section 11,
(b) if the recipient was a contributor and no person is paid under paragraph (a), to the recipient’s surviving common-law partner if he or she can be found and is entitled to the surviving common-law partner’s pension under section 11,
(c) if no person is paid under paragraph (a) or (b), in equal shares to the recipient’s children who can be found, or
(d) if no person is paid under paragraph (a), (b) or (c), to the recipient’s estate.
6(1.1)Repealed: 2008, c.45, s.31
6(2)If a recipient described in subsection (1) dies without leaving a surviving spouse, surviving common-law partner or children to whom a pension is payable under this Act, or if a surviving spouse’s pension, surviving common-law partner’s pension or children’s pension is not payable or ceases to be payable under this Act and no person remains to whom a pension is consequently payable, any amount by which the amount of the recipient’s contributions with interest exceeds the aggregate of all benefits derived therefrom shall be paid to the recipient’s estate.
1966, c.23, s.7; 1974, c.41(Supp.), s.3; 1979, c.60, s.1; 1998, c.35, s.4; 1999, c.14, s.3; 2008, c.45, s.31
Payout of pension
6(1)Where a pension becomes payable under this Act, it shall be paid in equal monthly instalments in arrears and is to continue, subject to this Act, during the lifetime of the recipient and thereafter until the end of the month in which he dies and any amount in arrears thereof that remains at any time after his death is to be paid to the surviving spouse who is entitled to the surviving spouse’s pension under section 11, or if there is no surviving spouse or he cannot be found in equal shares to the children, or if there are no children or they cannot be found to the estate of the recipient.
6(1.1)Subsection (1), 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.
6(2)Where a recipient described in subsection (1)
(a) does not leave a surviving spouse or children to whom a pension is payable under this Act, any amount by which the amount of the recipient’s contributions with interest exceeds any benefit received by him shall be paid to the estate of the recipient; or
(b) leaves a surviving spouse or children to whom a pension is payable under this Act and the surviving spouse’s pension or children’s pension ceases to be payable and no person remains to whom a pension is consequently payable, any amount by which the amount of the recipient’s contributions with interest exceeds the aggregate of all benefits derived therefrom shall be paid to the estate of the recipient.
1966, c.23, s.7; 1974, c.41(Supp.), s.3; 1979, c.60, s.1; 1998, c.35, s.4; 1999, c.14, s.3