Canada Pension Plan — C-8 58
Amount of survivor’s pension 58 (1) Subject to this section, a survivor’s pension payable to the survivor of a contributor is a basic monthly amount as follows: (a) in the case of a survivor who has not reached 65 years of age and to whom no retirement pension is payable under this Act or a provincial pension plan, for any month before January 2019, a basic monthly amount consisting of (i) a flat rate benefit, calculated as provided in subsection (1.1), and (ii) 37.5% of the amount of the contributor’s retirement pension, which amount is calculated as the aggregate of (A) the amount calculated as provided in subsection (3), (B) the amount calculated as provided in subsection (3.1), and (C) the amount calculated as provided in subsection (3.4), reduced, unless the survivor was at the time of the death of the contributor a survivor with dependent children or unless he is disabled, by 1/120 for each month by which the age of the survivor at the time of the death of the contributor is less than forty-five years, and reduced, if at any time after the death of the contributor the survivor ceases to be (iii) a survivor with dependent children and is not at that time disabled, or (iv) disabled and is not at that time a survivor with dependent children, by 1/120 for each month by which the age of the survivor at that time is less than forty-five years; (a.1) in the case of a survivor who has not reached 65 years of age and to whom no retirement pension is payable under this Act or a provincial pension plan, for any month after December 2018, a basic monthly amount consisting of (i) a flat rate benefit, calculated as provided in subsection (1.1), and (ii) 37.5% of the amount of the contributor’s retirement pension, which amount is calculated as the aggregate of (A) the amount calculated as provided in subsection (3), (B) the amount calculated as provided in subsection (3.1), and (C) the amount calculated as provided in subsection (3.4); and (b) in the case of a survivor who has reached 65 years of age and to whom no retirement pension is payable under this Act or a provincial pension plan, a basic monthly amount equal to 60% of the amount of the contributor’s retirement pension, which amount is calculated as the aggregate of (i) the amount calculated as provided in subsection (3), (ii) the amount calculated as provided in subsection (3.1), and (iii) the amount calculated as provided in subsection (3.4). Amount of flat rate benefit (1.1) The amount of the flat rate benefit referred to in subparagraphs (1)(a)(i) and (a.1)(i) is (a) in the year 1986, ninety-one dollars and six cents; or (b) in the year 1987 or any subsequent year, an amount calculated by multiplying (i) the amount of the flat rate benefit that would have been payable for a month in the year preceding that year by (ii) the ratio that the Pension Index for the year in which the flat rate benefit commences to be payable bears to the Pension Index for the year preceding that year. Calculation of survivor’s pension where retirement pension payable (2) Where a survivor’s pension under this Act and a retirement pension under this Act or under a provincial pension plan are payable to the survivor of a contributor, the basic monthly amount of the survivor’s pension payable to the survivor is (a) in the case of a survivor who has not reached sixty-five years of age and whose retirement pension commences to be payable after December 31, 1997, the aggregate of (i) the aggregate of (A) a flat rate benefit, calculated as provided in subsection (1.1), or, if a post-retirement disability benefit is payable to the survivor, the greater of (I) the flat rate benefit, and (II) the post-retirement disability benefit, and (B) the lesser of (I) the amount determined by the formula C – D where C is 37.5% of the amount of the portion of the contributor’s retirement pension, which amount is calculated as provided in subsection (3), and D is the lesser of (1) 40% of C, and (2) 40% of the amount of t