Canada Pension Plan — C-8 13
Amount of contributory self-employed earnings 13 (1) The amount of the contributory self-employed earnings of a person for a year is the amount of the self-employed earnings except that, (a) for a year in which the person reaches eighteen or seventy years of age, in which their contributory period ends under this Act or under a provincial pension plan by reason of disability or in which a disability pension ceases to be payable to them under this Act or under a provincial pension plan, the amount of the contributory self-employed earnings is equal to that proportion of the amount of the self-employed earnings that the number of months in the year (i) after (A) they reach eighteen years of age, or (B) the disability pension ceases to be payable, or (ii) before (A) they reach seventy years of age, or (B) the month following the month in which their contributory period ends under this Act or under a provincial pension plan by reason of disability, is of 12; (b) despite paragraph (a), for a year in which a retirement pension is payable to them under this Act or under a provincial pension plan and for which they make an election to exclude self-employed earnings, the amount of the contributory self-employed earnings is equal to that proportion of the amount of the self-employed earnings that the number of months in the year before the election is deemed to be made — minus the number of months that are excluded from the contributory period under this Act or under a provincial pension plan by reason of disability — is of 12; (c) despite paragraph (a), for a year in which a retirement pension is payable to them under this Act or under a provincial pension plan and for which they revoke an election to exclude self-employed earnings, the amount of the contributory self-employed earnings is equal to that proportion of the amount of the self-employed earnings that the number of months in the year after the election is deemed to be revoked — minus the number of months after they reach seventy years of age — is of 12; (d) despite paragraph (a), for a year in which an election referred to in subparagraph 12(1)(c)(ii) is made, the amount of the contributory self-employed earnings is equal to that proportion of the amount of the self-employed earnings that the number of months in the year before the election is made — minus the number of months that are excluded from the contributory period under this Act or under a provincial pension plan by reason of disability — is of 12; and (e) despite paragraph (a), for a year in which an election referred to in subparagraph 12(1)(c)(ii) is revoked, the amount of the contributory self-employed earnings is equal to that proportion of the amount of the self-employed earnings that the number of months in the year after the election is revoked — minus the number of months after they reach seventy years of age — is of 12. Election (1.1) An election referred to in paragraph (1)(b) or (c) (a) shall be made or revoked in the prescribed form and manner; (b) may be made only once for a year; (c) may not be revoked for the year for which it is deemed to be made; (d) may not be made for a year for which an election is revoked; (e) is deemed to be made or revoked on the first day of the month referred to in the election or revocation, as the case may be; and (f) may not be made for a year for which the person has income from pensionable employment. Condition (1.2) For the purposes of paragraph (1.1)(e), the month may not be (a) before the one in which the person reaches sixty-five years of age; (b) before the one in which the retirement pension becomes payable; or (c) after the one in which they reach seventy years of age. Excluded earnings (2) Subject to subsection (1), the contributory self-employed earnings of a person do not include earnings for (a) any period described in paragraph 12(1)(a), (b), (c) or (d); or (b) any year that (i) follows a year for which the person makes an election to exclude self-employed e