Acts and Regulations

T-1 - Teachers’ Pension Act

Section 14
Disposition versions

Full text
Children’s pension
14(1)If a contributor who had to the contributor’s credit 5 or more years of pensionable service dies without leaving a surviving spouse or surviving common-law partner, or if 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 13(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 13 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 nineteen years of age and will not attain the age of nineteen in the calendar year that includes that time,
(b) under twenty-five years of age and will not attain the age of twenty-five 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.
14(2)Repealed: 2006, c.21, s.2
14(2.1)Notwithstanding subsection (1), no children’s pension is payable where a contributor makes an election under subsection 13(4.1).
14(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 shall be paid to the child or to such other person as the Minister directs.
14(4)A children’s pension ceases to be payable
(a) in the case of a child described in paragraph (1)(a), when the child reaches the age of nineteen years,
(b) in the case of a child described in paragraph (1)(b), when the child reaches the age of twenty-five 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 have a mental or physical infirmity.
14(5)Notwithstanding any other provision in this section, 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.29, s.12; 1974, c.48(Supp.), s.6; 1978, c.57, s.8; 1996, c.69, s.7; 1999, c.44, s.10; 1999, c.45, s.5; 2006, c.21, s.2; 2008, c.45, s.37
When children’s pension paid
14(1)Where a contributor who had to the contributor’s credit five or more years of pensionable service dies without leaving a surviving spouse or where a surviving spouse’s pension ceases under subsection 13(5), a children’s pension equal to the surviving spouse’s pension that was being paid or could have been paid under section 13 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 nineteen years of age and will not attain the age of nineteen in the calendar year that includes that time,
(b) under twenty-five years of age and will not attain the age of twenty-five 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.
Repealed
14(2)Repealed: 2006, c.21, s.2
Exception
14(2.1)Notwithstanding subsection (1), no children’s pension is payable where a contributor makes an election under subsection 13(4.1).
Persons to whom children’s pension paid
14(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 shall be paid to the child himself or to such other person as the Minister directs.
Cessation of children’s pension
14(4)A children’s pension ceases to be payable
(a) in the case of a child described in paragraph (1)(a), when the child reaches the age of nineteen years,
(b) in the case of a child described in paragraph (1)(b), when the child reaches the age of twenty-five 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 have a mental or physical infirmity.
Maximum amount
14(5)Notwithstanding any other provision in this section, 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.29, s.12; 1974, c.48(Supp.), s.6; 1978, c.57, s.8; 1996, c.69, s.7; 1999, c.44, s.10; 1999, c.45, s.5; 2006, c.21, s.2