Acts and Regulations

T-1 - Teachers’ Pension Act

Section 13
Disposition versions

Full text
Surviving spouse’s pension or surviving common-law partner’s pension
13(1)Subject to subsections (2), (3), (4), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (5) and (7) to (11) and 22.01(3) and (5), upon the death of a contributor who had to his or her credit 5 or more years of 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 Teachers’ Act, or section 12 of this Act, one half of his or her pension;
(b) where the contributor was in receipt of an annual allowance pursuant to this Act, one half the pension that would have been payable had the contributor been disabled when he or she commenced receipt of the annual allowance;
(c) where the contributor was employed as a teacher at the time of his or her death, one half the immediate pension that would have been payable had the contributor become disabled at the time of his or her 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 had the contributor become disabled at the time of his or her death.
13(1.1)Subject to subsections (2), (3.1), (4), (4.1), (4.2), (4.3), (4.41), (4.5), (4.6), (5) and (8) to (11) and 22.01(3) and (5), upon the death of a contributor who had to his or her credit 5 or more years of 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.
13(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 9(2) if the surviving spouse or surviving common-law partner is eligible for a survivor’s pension under the Canada Pension Plan, or in accordance with subsection 9(3) if the surviving spouse or surviving common-law partner is not eligible for a survivor’s pension under the Canada Pension Plan.
13(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 subsection 9(3), 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.
13(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 subsection 9(3), 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.
13(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.
13(4.1)If a contributor has a spouse or common-law partner at the time when payments of an immediate pension, annual allowance or deferred pension are to begin to be made to the contributor, that contributor may elect
(a) an immediate pension, annual allowance or deferred pension in an amount that is less than the amount otherwise payable to the contributor under this Act, and
(b) notwithstanding subsection (1) or (1.1), an increased surviving spouse’s pension or surviving common-law partner’s pension in an amount that is equal to sixty per cent, sixty-six and two-thirds per cent, seventy-five per cent or one hundred per cent of the reduced immediate pension, annual allowance or deferred pension of the contributor under paragraph (a).
13(4.2)Where a contributor makes an election under subsection (4.1), the amount of the reduced immediate pension, annual allowance or deferred pension of the contributor and the amount of the increased surviving spouse’s pension or surviving common-law partner’s pension in total shall be the actuarial equivalent of the total amount of the immediate pension, annual allowance or deferred pension and the surviving spouse’s pension or surviving common-law partner’s pension that the contributor and the surviving spouse or surviving common-law partner would or could have been paid if the election had not been made.
13(4.3)Where a contributor makes an election under subsection (4.1), the contributor is not entitled to re-elect to be paid a different reduced immediate pension, annual allowance or deferred pension or an unreduced immediate pension, annual allowance or deferred pension at any other time.
13(4.4)Where a contributor makes an election under subsection (4.1), the increased surviving spouse’s pension shall only be paid to the person who was the spouse of the contributor on the date that payments of the contributor’s reduced immediate pension, annual allowance or deferred pension began.
13(4.41)Where a contributor makes an election under subsection (4.1), the increased surviving common-law partner’s pension shall only be paid to the person who was the common-law partner of the contributor on the date that payments of the contributor’s reduced immediate pension, annual allowance or deferred pension began and at the time of the contributor’s death.
13(4.5)Where a contributor makes an election under subsection (4.1), subsections (2), (3), (3.1) and (4) apply with the necessary modifications.
13(4.6)Where a contributor makes an election under subsection (4.1), paragraph 8503(2)(k) of the Income Tax Regulations under the Income Tax Act (Canada) applies to subsections (4.1) to (4.5).
13(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.
13(6)Repealed: 1977, c.53, s.4
13(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.
13(8)Subject to subsections (11) and 22.01(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
(i) at the time of the contributor’s death, or
(ii) on the date that payments of the contributor’s reduced immediate pension, annual allowance or deferred pension began if the contributor made an election under subsection (4.1), and
(b) the marriage of the surviving spouse and the contributor was not a void or voidable marriage.
13(9)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).
13(10)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.
13(11)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 (10), or
(b) a decree, order or judgment of a competent tribunal that bars the claim of the surviving spouse or surviving common-law partner.
1966, c.29, s.11; 1972, c.67, s.6; 1974, c.48(Supp.), s.5; 1977, c.53, s.4; 1978, c.57, s.7; 1998, c.35, s.5; 1999, c.44, s.9; 1999, c.45, s.4; 2008, c.45, s.37
Calculation of surviving spouse’s pension
13(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 Teachers’ Act, or section 12 of this Act, one half of his pension;
(b) where the contributor was in receipt of an annual allowance pursuant to this Act, one half the pension that would have been payable had the contributor been disabled when he commenced receipt of the annual allowance;
(c) where the contributor was employed as a teacher at the time of his death, one half the immediate pension that would have been payable had the contributor become disabled at the time of his 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 had the contributor become disabled at the time of his death.
Effect of Canada Pension Plan on surviving spouse’s pension
13(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 9(2) if the surviving spouse is eligible as a surviving spouse for a pension under the Canada Pension Plan, or in accordance with subsection 9(3) if he is not eligible as a surviving spouse for a pension under the Canada Pension Plan.
Effect of Canada Pension Plan on surviving spouse’s pension
13(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 subsection 9(3), the Minister shall, on application to him in writing by the surviving spouse, grant an additional allowance equal to the difference.
Effect of Canada Pension Plan on surviving spouse’s pension
13(4)Where an additional allowance is granted pursuant to subsection (3), it shall be reduced by the amount of any subsequent increase in that surviving spouse’s pension under the Canada Pension Plan.
Increased surviving spouse’s pension
13(4.1)If a contributor has a spouse at the time when payments of an immediate pension, annual allowance or deferred pension are to begin to be made to the contributor, that contributor may elect
(a) an immediate pension, annual allowance or deferred pension in an amount that is less than the amount otherwise payable to the contributor under this Act, and
(b) notwithstanding subsection (1), an increased surviving spouse’s pension in an amount that is equal to sixty per cent, sixty-six and two-thirds per cent, seventy-five per cent or one hundred per cent of the reduced immediate pension, annual allowance or deferred pension of the contributor under paragraph (a).
Increased surviving spouse’s pension
13(4.2)Where a contributor makes an election under subsection (4.1), the amount of the reduced immediate pension, annual allowance or deferred pension of the contributor and the amount of the increased surviving spouse’s pension in total shall be the actuarial equivalent of the total amount of the immediate pension, annual allowance or deferred pension and the surviving spouse’s pension that the contributor and the surviving spouse would or could have been paid if the election had not been made.
Increased surviving spouse’s pension
13(4.3)Where a contributor makes an election under subsection (4.1), the contributor is not entitled to re-elect to be paid a different reduced immediate pension, annual allowance or deferred pension or an unreduced immediate pension, annual allowance or deferred pension at any other time.
Increased surviving spouse’s pension
13(4.4)Where a contributor makes an election under subsection (4.1), the increased surviving spouse’s pension shall only be paid to the person who was the spouse of the contributor on the date that payments of the contributor’s reduced immediate pension, annual allowance or deferred pension began.
Increased surviving spouse’s pension
13(4.5)Where a contributor makes an election under subsection (4.1), subsections (2), (3) and (4) apply with the necessary modifications.
Increased surviving spouse’s pension
13(4.6)Where a contributor makes an election under subsection (4.1), paragraph 8503(2)(k) of the Income Tax Regulations under the Income Tax Act (Canada) applies to subsections (4.1) to (4.5).
Cessation of surviving spouse’s pension
13(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
13(6)Repealed: 1977, c.53, s.4
Ineligibility for surviving spouse’s pension
13(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.
Entitlement
13(8)If two persons claim the surviving spouse’s pension under this section, and one of those persons is a spouse because he or she 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 subsections (4.4) and 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.
Maximum amount
13(9)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.29, s.11; 1972, c.67, s.6; 1974, c.48(Supp.), s.5; 1977, c.53, s.4; 1978, c.57, s.7; 1998, c.35, s.5; 1999, c.44, s.9; 1999, c.45, s.4