38.81(1)This section applies to dependent spouses who lost their benefits under section 38.6 or 38.8 on or after April 17, 1985, as a result of the operation of subsection 38.6(7) or 38.8(7), as the case may be, prior to its repeal.

38.81(2)Notwithstanding section 16, a dependent spouse may apply to the Commission to have benefits reinstated under section 38.6 or 38.8, as the case may be, and the Commission may reinstate the benefits.

38.81(3)An application under subsection (2) shall be made in writing on or before January 1, 2001, and the Commission shall not accept an application that is received after January 1, 2001.

38.81(4)No application may be made under subsection (2) by the estate of a dependent spouse.

38.81(5)Where a dependent spouse who would have been entitled to benefits under subsection 38.6(2), but for the operation of subsection 38.6(7), has benefits reinstated under subsection 38.6(2), the Commission shall, for the period of time from the loss of benefits by the spouse as a result of the operation of subsection 38.6(7) to the time of reinstatement of the benefits,

38.81(6)Where the amount calculated under paragraph (5)(a) exceeds the amount calculated under paragraph (5)(b), the Commission shall pay the difference to the spouse upon reinstatement of the benefits.

38.81(7)Where the amount calculated under paragraph (5)(a) is less than the amount calculated under paragraph (5)(b), no amount shall be collected by the Commission from the spouse upon reinstatement of the benefits.

38.81(8)Where a dependent spouse who would have been entitled to benefits under subsection 38.8(2), but for the operation of subsection 38.8(7), has benefits reinstated under subsection 38.8(2), the Commission shall, for the period of time from the loss of benefits by the spouse as a result of the operation of subsection 38.8(7) to the time of reinstatement of the benefits,

38.81(9)Where benefits are reinstated to a spouse referred to in subsection (5), the Commission shall reinstate benefits to the spouse under section 38.7.

38.81(10)When reinstating benefits under section 38.7, the Commission shall, for the purpose of calculating the amount to be paid into the Pension Fund in respect of the period of time from the loss of benefits by a spouse as a result of the operation of subsection 38.6(7) to the time of reinstatement, assume that the amount payable under section 38.7 had been set aside on a monthly basis during that period and that the rate of return, whether positive or negative, had been applied in accordance with subsection (11).

38.81(11)The rate of return, whether positive or negative, shall be assumed to have been applied quarterly to the amount credited to a spouse’s account in the Pension Fund and the rate of return, whether positive or negative, shall be the average yield rate of the investment portfolio of the Pension Fund during each quarter.

38.81(12)No rate of return, other than the rate of return applied under subsection (10), is applied by the Commission with respect to any other benefit that is reinstated pursuant to this section

38.81(1)This section applies to dependent spouses who lost their benefits under section 38.6 or 38.8 on or after April 17, 1985, as a result of the operation of subsection 38.6(7) or 38.8(7), as the case may be, prior to its repeal.

38.81(2)Notwithstanding section 16, a dependent spouse may apply to the Commission to have benefits reinstated under section 38.6 or 38.8, as the case may be, and the Commission may reinstate the benefits.

38.81(3)An application under subsection (2) shall be made in writing on or before January 1, 2001, and the Commission shall not accept an application that is received after January 1, 2001.

38.81(4)No application may be made under subsection (2) by the estate of a dependent spouse.

38.81(5)Where a dependent spouse who would have been entitled to benefits under subsection 38.6(2), but for the operation of subsection 38.6(7), has benefits reinstated under subsection 38.6(2), the Commission shall, for the period of time from the loss of benefits by the spouse as a result of the operation of subsection 38.6(7) to the time of reinstatement of the benefits,

38.81(6)Where the amount calculated under paragraph (5)(a) exceeds the amount calculated under paragraph (5)(b), the Commission shall pay the difference to the spouse upon reinstatement of the benefits.

38.81(7)Where the amount calculated under paragraph (5)(a) is less than the amount calculated under paragraph (5)(b), no amount shall be collected by the Commission from the spouse upon reinstatement of the benefits.

38.81(8)Where a dependent spouse who would have been entitled to benefits under subsection 38.8(2), but for the operation of subsection 38.8(7), has benefits reinstated under subsection 38.8(2), the Commission shall, for the period of time from the loss of benefits by the spouse as a result of the operation of subsection 38.8(7) to the time of reinstatement of the benefits,

38.81(9)Where benefits are reinstated to a spouse referred to in subsection (5), the Commission shall reinstate benefits to the spouse under section 38.7.

38.81(10)When reinstating benefits under section 38.7, the Commission shall, for the purpose of calculating the amount to be paid into the Pension Fund in respect of the period of time from the loss of benefits by a spouse as a result of the operation of subsection 38.6(7) to the time of reinstatement, assume that the amount payable under section 38.7 had been set aside on a monthly basis during that period and that interest had been paid in accordance with subsection (11).

38.81(11)Interest shall be assumed to have been paid quarterly on the amount credited to a spouse’s account in the Pension Fund and the rate of interest payable shall be the average yield rate of the investment portfolio of the Pension Fund during each quarter.

38.81(12)No interest, other than interest payable under subsection (10), is payable by the Commission with respect to any other benefit that is reinstated pursuant to this section

38.81(1)This section applies to dependent spouses who lost their benefits under section 38.6 or 38.8 on or after April 17, 1985, as a result of the operation of subsection 38.6(7) or 38.8(7), as the case may be, prior to its repeal.

38.81(2)Notwithstanding section 16, a dependent spouse may apply to the Commission to have benefits reinstated under section 38.6 or 38.8, as the case may be, and the Commission may reinstate the benefits.

38.81(3)An application under subsection (2) shall be made in writing on or before January 1, 2001, and the Commission shall not accept an application that is received after January 1, 2001.

38.81(4)No application may be made under subsection (2) by the estate of a dependent spouse.

38.81(5)Where a dependent spouse who would have been entitled to benefits under subsection 38.6(2), but for the operation of subsection 38.6(7), has benefits reinstated under subsection 38.6(2), the Commission shall, for the period of time from the loss of benefits by the spouse as a result of the operation of subsection 38.6(7) to the time of reinstatement of the benefits,

38.81(6)Where the amount calculated under paragraph (5)(a) exceeds the amount calculated under paragraph (5)(b), the Commission shall pay the difference to the spouse upon reinstatement of the benefits.

38.81(7)Where the amount calculated under paragraph (5)(a) is less than the amount calculated under paragraph (5)(b), no amount shall be collected by the Commission from the spouse upon reinstatement of the benefits.

38.81(8)Where a dependent spouse who would have been entitled to benefits under subsection 38.8(2), but for the operation of subsection 38.8(7), has benefits reinstated under subsection 38.8(2), the Commission shall, for the period of time from the loss of benefits by the spouse as a result of the operation of subsection 38.8(7) to the time of reinstatement of the benefits,

38.81(9)Where benefits are reinstated to a spouse referred to in subsection (5), the Commission shall reinstate benefits to the spouse under section 38.7.

38.81(10)When reinstating benefits under section 38.7, the Commission shall, for the purpose of calculating the amount to be paid into the Pension Fund in respect of the period of time from the loss of benefits by a spouse as a result of the operation of subsection 38.6(7) to the time of reinstatement, assume that the amount payable under section 38.7 had been set aside on a monthly basis during that period and that interest had been paid in accordance with subsection (11).

38.81(11)Interest shall be assumed to have been paid quarterly on the amount credited to a spouse’s account in the Pension Fund and the rate of interest payable shall be the average yield rate of the investment portfolio of the Pension Fund during each quarter.

38.81(12)No interest, other than interest payable under subsection (10), is payable by the Commission with respect to any other benefit that is reinstated pursuant to this section