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.
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.
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.
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