Manner of payment of pension
8(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 13,
(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 13,
(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.
8(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 calculated from September 1, 1966, exceeds the aggregate of all benefits derived therefrom shall be paid to the recipient’s estate.
1966, c.29, s.7; 1974, c.48(Supp.), s.3; 1979, c.70, s.1; 1998, c.35, s.5; 1999, c.44, s.5; 2008, c.45, s.37