Canada Pension Plan — C-8 58
ions exceed what it would have been had subsection (6) applied. Calculation of survivor’s pension when disability pension payable under provincial pension plan (8) Except where otherwise provided by an agreement under section 80, where a survivor’s pension under this Act and a disability pension under a provincial pension plan are payable to the survivor of a contributor and either the date of death of the contributor or the date on which the survivor is deemed to have become disabled for the purposes of a provincial pension plan is after December 31, 1997, the amount of the survivor’s pension is an amount that, when added to the amount of the disability pension for a month in the year in which the survivor’s pension or the disability pension commenced to be payable, whichever is the later, equals the aggregate of (a) the aggregate of (i) the greater of (A) the flat rate benefit payable under subparagraph (1)(a)(i) or (a.1)(i), and (B) the flat rate benefit payable under the provincial pension plan in respect of disability, and (ii) the lesser of (A) the aggregate of (I) the greater of 1 the amount that would have been payable under subparagraph (1)(a)(ii) or (a.1)(ii), as the case may be, if the amounts referred to in clauses (1)(a)(ii)(B) and (C) or (a.1)(ii)(B) and (C), as the case may be, had not been included in the calculation made under that subparagraph, and 2 the base portion of the contributor’s retirement pension payable to the survivor under the provincial pension plan in respect of disability, and (II) 60% of the lesser of the amount described in subclause (I)(1) and the amount described in subclause (I)(2), and (B) 75% of the amount of a benefit of 25% of 1/12 of the survivor’s Maximum Pensionable Earnings Average for the later of the year in which the survivor first became qualified to receive the survivor’s pension and the year in which the survivor’s disability pension commenced to be payable, adjusted in accordance with subsection 45(2) as if the benefit had commenced to be payable in the later of the year in which the survivor first became qualified to receive the survivor’s pension and the year in which the survivor’s disability pension commenced to be payable, (b) the aggregate of (i) the greater of (A) the amount that would have been payable under subparagraph (1)(a)(ii) or (a.1)(ii), as the case may be, if the amounts referred to in clauses (1)(a)(ii)(A) and (C) or (a.1)(ii)(A) and (C), as the case may be, had not been included in the calculation made under that subparagraph, and (B) the first additional portion of the contributor’s retirement pension payable to the survivor under the provincial pension plan in respect of disability, and (ii) 60% of the lesser of the amount described in subclause (A) and the amount described in subclause (B), and (c) the aggregate of (i) the greater of (A) the amount that would have been payable under subparagraph (1)(a)(ii) or (a.1)(ii), as the case may be, if the amounts referred to in clauses (1)(a)(ii)(A) and (B) or (a.1)(ii)(A) and (B), as the case may be, had not been included in the calculation made under that subparagraph, and (B) the second additional portion of the contributor’s retirement pension payable to the survivor under the provincial pension plan in respect of disability, and (ii) 60% of the lesser of the amount described in subclause (A) and the amount described in subclause (B). Calculation of survivor’s pension when disability pension payable under provincial pension plan (8.1) Except where otherwise provided by an agreement under section 80, where a survivor’s pension under this Act and a disability pension under a provincial pension plan are payable to the survivor of a contributor and subsection (8) does not apply, the amount of the survivor’s pension is an amount that, when added to the amount of the disability pension for a month in the year in which the survivor’s pension or the disability pension commenced to be payable, whichever is the later