Pension Act

Marginal note:Pension to surviving spouse

• 45 (1) Subject to subsection 47(3), no pension shall be paid to the surviving spouse of a member of the forces unless the spouse was living with the member, was maintaining or being maintained by the member or was entitled to be maintained by the member at the time of the member’s death and for a reasonable time before the death.

• Marginal note:Pensions for surviving spouses

  (2) Except as otherwise provided in this Act, the surviving spouse of a member of the forces who was, at the time of the member’s death, in receipt of a pension paid at a rate set out in one of classes one to eleven of Schedule I is entitled to a pension in accordance with the rate for a survivor set out in Schedule II, regardless of the cause of that member’s death, if

  • (a) the surviving spouse was married to the member before the pension was granted, or

  • (b) the marriage took place after the grant of the pension, and

    • (i) the member’s death occurred one year or more after the date of the marriage, or

    • (ii) the member’s death occurred less than one year after the date of the marriage and the member had, at the date of the marriage, a reasonable expectation of surviving for at least one year after that date,

  but no payment shall be made under this subsection from a date prior to that from which pension is payable in accordance with section 56.

• Marginal note:Pensions for surviving common-law partners

  (2.1) Except as otherwise provided in this Act, the surviving common-law partner of a member of the forces who was, at the time of the member’s death, in receipt of a pension paid at a rate set out in one of classes one to eleven of Schedule I is entitled to a pension in accordance with the rate for a survivor set out in Schedule II, regardless of the cause of that member’s death, but no payment shall be made under this subsection from a date prior to that from which pension is payable in accordance with section 56.

• Marginal note:Proportionate pension for surviving spouses

  (3) Except as otherwise provided in this Act, the surviving spouse of a member of the forces who was, at the time of the member’s death, in receipt of a pension paid at a rate set out in one of classes twelve to twenty of Schedule I is entitled to a proportionate pension equivalent to fifty per cent of the aggregate of the pension awarded to the deceased member for disability and the additional pension payable for the spouse, excluding the allowances for exceptional incapacity, attendance and clothing, if

  • (a) the surviving spouse was married to the member before a pension was granted to the member, or

  • (b) the marriage took place after the grant of the pension, and

    • (i) the member’s death occurred one year or more after the date of the marriage, or

    • (ii) the member’s death occurred less than one year after the date of the marriage and the member had, at the date of the marriage, a reasonable expectation of surviving for at least one year after that date,

  but no payment shall be made under this subsection from a date prior to that from which pension is payable in accordance with section 56.

• Marginal note:Proportionate pension for surviving common-law partners

  (3.01) Except as otherwise provided in this Act, the surviving common-law partner of a member of the forces who was, at the time of the member’s death, in receipt of a pension paid at a rate set out in one of classes twelve to twenty of Schedule I is entitled to a proportionate pension equivalent to fifty per cent of the aggregate of the pension awarded to the deceased member for disability and the additional pension payable for the common-law partner, excluding the allowances for exceptional incapacity, attendance and clothing, but no payment shall be made under this subsection from a date prior to that from which pension is payable in accordance with section 56.

• Marginal note:Where pension suspended

  (3.02) Where the payment of the pension of a member of the forces was suspended at the time of the member’s death, the Minister may direct that the survivor be awarded the pension to which the survivor would be entitled under subsection (2), (2.1), (3) or (3.01) if the pension had not been suspended.

• Marginal note:Equivalent of member’s pension payable to survivor for one year

  (3.1) The survivor of a member of the forces who was living with that member at the time of the member’s death and is entitled to a pension under subsection (3) or (3.01) is entitled, for a period of one year commencing on the effective date of award as provided in section 56 (except that the words “from the day following the date of death” in subparagraph 56(1)(a)(i) shall be read as “from the first day of the month following the month of the member’s death”), in lieu of the pension under subsection (3) or (3.01) during that period, to a pension equal to the aggregate of the basic pension and the additional pension for a spouse or common-law partner payable to the member of the forces under Schedule I at the time of the member’s death, and thereafter a pension shall be paid to the survivor in accordance with subsection (3) or (3.01).

• Marginal note:Apportionment of pension

  (3.2) For the purposes of subsection 55(1), a person who

  • (a) is the survivor of a member of the forces, or

  • (b) is a former spouse or a former common-law partner of a member of the forces who has died

  is a pensionable applicant in relation to subsection (3.1) if the person meets one of the requirements set out in subsection (1), even though the person was not living with the member of the forces at the time of the member’s death.

• Marginal note:Where survivor reclassified

  (3.3) Where, as a result of a determination by the Minister under subsection 48(3) or section 49, a survivor described in subsection (3.1) becomes entitled to a pension in accordance with the rates set out in Schedule II, any amount of pension that the survivor has received under subsection (3.1) shall be set off against the survivor’s entitlement under paragraph 21(1)(i) or (2)(d).