41(1.1)A pension that commences to be paid under a pension plan on or after the commencement of this subsection to a member or former member who has a spouse or common-law partner when the pension commences to be paid shall be in the form of a joint and survivor pension payable during the lives of the member or former member and the member’s or former member’s spouse or common-law partner.

41(2)The commuted value of the joint and survivor pension payable under subsection (1.1) shall not be less than the commuted value of the pension that would be payable under the pension plan if the member or former member did not have a spouse or common-law partner.

41(2.1)Despite subsection (1.1), in the case of a member or former member, who when the payments commenced did not have a “spouse” as this term was defined at the time, a joint and survivor pension may be paid if:

41(2.2)The commuted value of the joint and survivor pension referred to under subsection (2.1) shall be valued as of the date of the directive given in accordance with paragraph (2.1)(c), but shall not be less than the commuted value of the pension, evaluated as of the same date, which is then being paid to the member or former member.

41(2.3)Subject to subsection (2.2), the pension benefits and ancillary benefits under the joint and survivor pension under subsection (2.1) shall not be less than those which would have been provided under the pension plan if the pension had been paid from the commencement of payments in the form of the joint and survivor pension.

41(3)The joint and survivor pension payable following the death of a former member or the former member’s spouse or common-law partner shall not be less than sixty per cent of the pension paid during their joint lives under the terms of the pension plan.

41(4)A member and the member’s spouse or common-law partner or a former member who is entitled to a deferred pension and the former member’s spouse or common-law partner may, in accordance with the regulations, jointly in writing direct the administrator of the pension plan to waive the joint and survivor pension under subsection (1.1).

41(5)A waiver under subsection (4) is not valid unless delivered to the administrator of the pension plan within the year preceding payment of the pension.

41(6)A waiver under subsection (4) may be revoked, in writing, by the member and the member’s spouse or common-law partner or by the former member and the former member’s spouse or common-law partner before the commencement of payment of the pension.

41(7)Before the payment of a pension to a person under a pension plan, the administrator may require from the person and the person’s spouse or common-law partner such information and documentation as the administrator requires for the purpose of complying with the provisions of the plan and requirements of this Act and the regulations.

41(8)A person from whom the administrator requires information and documentation shall provide the information and documentation to the administrator.

41(1.1)A pension that commences to be paid under a pension plan on or after the commencement of this subsection to a member or former member who has a spouse or common-law partner when the pension commences to be paid shall be in the form of a joint and survivor pension payable during the lives of the member or former member and the member’s or former member’s spouse or common-law partner.

41(2)The commuted value of the joint and survivor pension payable under subsection (1.1) shall not be less than the commuted value of the pension that would be payable under the pension plan if the member or former member did not have a spouse or common-law partner.

41(2.1)Despite subsection (1.1), in the case of a member or former member, who when the payments commenced did not have a “spouse” as this term was defined at the time, a joint and survivor pension may be paid if:

41(2.2)The commuted value of the joint and survivor pension referred to under subsection (2.1) shall be valued as of the date of the directive given in accordance with paragraph (2.1)(c), but shall not be less than the commuted value of the pension, evaluated as of the same date, which is then being paid to the member or former member.

41(2.3)Subject to subsection (2.2), the pension benefits and ancillary benefits under the joint and survivor pension under subsection (2.1) shall not be less than those which would have been provided under the pension plan if the pension had been paid from the commencement of payments in the form of the joint and survivor pension.

41(3)The joint and survivor pension payable following the death of a former member or the former member’s spouse or common-law partner shall not be less than sixty per cent of the pension paid during their joint lives under the terms of the pension plan.

41(4)A member and the member’s spouse or common-law partner or a former member who is entitled to a deferred pension and the former member’s spouse or common-law partner may, in accordance with the regulations, jointly in writing direct the administrator of the pension plan to waive the joint and survivor pension under subsection (1.1).

41(5)A waiver under subsection (4) is not valid unless delivered to the administrator of the pension plan within the year preceding payment of the pension.

41(6)A waiver under subsection (4) may be revoked, in writing, by the member and the member’s spouse or common-law partner or by the former member and the former member’s spouse or common-law partner before the commencement of payment of the pension.

41(7)Before the payment of a pension to a person under a pension plan, the administrator may require from the person and the person’s spouse or common-law partner such information and documentation as the administrator requires for the purpose of complying with the provisions of the plan and requirements of this Act and the regulations.

41(8)A person from whom the administrator requires information and documentation shall provide the information and documentation to the administrator.

41(1)A pension that commences to be paid under a pension plan after the commencement of this section to a member or former member who has a spouse when the pension commences to be paid shall be in the form of a joint and survivor pension payable during the lives of the member or former member and the member’s or former member’s spouse.

41(2)The commuted value of the joint and survivor pension payable under subsection (1) shall not be less than the commuted value of the pension that would be payable under the pension plan if the member or former member did not have a spouse.

41(3)The joint and survivor pension payable following the death of a former member or the former member’s spouse shall not be less than sixty per cent of the pension paid during their joint lives under the terms of the pension plan.

41(4)A member and the member’s spouse or a former member who is entitled to a deferred pension and the former member’s spouse may in accordance with the regulations jointly in writing direct the administrator of the pension plan to waive the joint and survivor pension under subsection (1).

41(5)A waiver under subsection (4) is not valid unless delivered to the administrator of the pension plan within the year preceding payment of the pension.

41(6)A waiver under subsection (4) may be revoked, in writing, by the member and the member’s spouse or by the former member and the former member’s spouse before the commencement of payment of the pension.

41(7)Before the payment of a pension to a person under a pension plan, the administrator may require from the person and the person’s spouse such information and documentation as the administrator requires for the purpose of complying with the provisions of the plan and requirements of this Act and the regulations.

41(8)A person from whom the administrator requires information and documentation shall provide the information and documentation to the administrator.