Canada Pension Plan (R.S.C., 1985, c. C-8)

Marginal note:When disabled contributor’s child’s benefit ceases to be payable

• 76. (1) A disabled contributor’s child’s benefit ceases to be payable with the payment for the month in which

  • (a) the child ceases to be a dependent child;

  • (b) the child dies;

  • (c) the contributor’s disability benefit ceases to be payable;

  • (d) the child is adopted legally or in fact by someone other than the disabled contributor or the disabled contributor’s spouse or common-law partner, unless the disabled contributor is maintaining the child, as defined by regulation; or

  • (e) the disabled contributor ceases to have custody and control of the child, where the child is a child as defined in subsection 42(1) by reason of the disabled contributor having had such custody and control.

• Marginal note:When orphan’s benefit ceases to be payable

  (2) An orphan’s benefit ceases to be payable with the payment for the month in which the child ceases to be a dependent child or dies.

• Marginal note:Exception

  (3) Where, by reason of the death of a contributor, a disabled contributor’s child’s benefit ceases to be payable to a person who is 18 years of age or older at the time of that death, an application under section 60 for an orphan’s benefit shall be deemed to have been made by that person in the month in which the contributor died.

Marginal note:Commencement of benefit

76.1 Subject to section 62, a post-retirement benefit is payable to a beneficiary of a retirement pension for each month commencing with January 1 of the year following the year of a contributor’s earnings if

• (a) a contribution has been made in respect of those earnings;

• (b) those earnings exceed the contributor’s basic exemption; and

• (c) those earnings are for a period that

  • (i) begins after 2011 and after the contributory period ends under subparagraph 49(b)(iii), and

  • (ii) ends with the month preceding the month in which the contributor reaches seventy years of age.

Marginal note:Duration of payment

76.2 Subject to this Act, a post-retirement benefit shall continue to be paid during the lifetime of the beneficiary and shall cease with the payment for the month in which the beneficiary dies.

Marginal note:Amount of benefit payable under Act

77. Where, by virtue of any provision of this Act other than this section, a benefit is payable under this Act to or in respect of any contributor, notwithstanding anything in this Part except as provided in section 80, the amount of the benefit that is payable under this Act is an amount equal to that proportion of the amount of the benefit payable to or in respect of the contributor, calculated as provided in this Part without regard to this section, that

• (a) the total pensionable earnings of the contributor attributable to contributions made under this Act,

are of

• (b) the total pensionable earnings of the contributor.