Acts and Regulations

T-1 - Teachers’ Pension Act

Full text
Return of contributions
11(1)Any contributor who has to his or her credit less than five years of pensionable service is entitled, upon ceasing to be employed as a teacher, to a return of contributions with interest calculated from September 1, 1966.
11(2)Upon the death of a contributor who had to his or her credit fewer than 5 years of pensionable service, a return of contributions with interest, calculated from September 1, 1966, shall be paid
(a) to the contributor’s surviving spouse if he or she can be found and would have been entitled to the surviving spouse’s pension under section 13 at the time of the contributor’s death had the contributor had to his or her credit 5 or more years of pensionable service,
(b) if no person is paid under paragraph (a), to the contributor’s surviving common-law partner if he or she can be found and would have been entitled to the surviving common-law partner’s pension under section 13 at the time of the contributor’s death had the contributor had to his or her credit 5 or more years of pensionable service,
(c) if no person is paid under paragraph (a) or (b), in equal shares to the contributor’s children who can be found, or
(d) if no person is paid under paragraph (a), (b) or (c), to the contributor’s estate.
11(3)Repealed: 2008, c.45, s.37
1966, c.29, s.9; 1974, c.48(Supp.), s.4; 1978, c.57, s.5; 1998, c.35, s.5; 2008, c.45, s.37
Return of contributions
11(1)Any contributor who has to his credit less than five years of pensionable service is entitled, upon ceasing to be employed as a teacher, to a return of contributions with interest calculated from September 1, 1966.
11(2)Upon the death of a contributor who had to his credit less than five years of pensionable service, a return of contributions with interest, calculated from September 1, 1966, is to be paid to his surviving spouse or if there is no surviving spouse or he cannot be found to the contributor’s children, or if there are no children or they cannot be found to his estate.
11(3)If two persons claim to be the surviving spouse of a contributor referred to in subsection (2), 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 return of contributions under subsection (2), if otherwise eligible and subject to subsection 22.01(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.
1966, c.29, s.9; 1974, c.48(Supp.), s.4; 1978, c.57, s.5; 1998, c.35, s.5