GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Pension Act — P-6 25
Reduction of pension 25 The Minister shall reduce a pension by a monthly amount determined under section 26 if, in respect of the same death or same disability for which the pension is payable, (a) an amount arising from a legal liability to pay damages is collected by or in respect of the pensioner; or (b) compensation is payable to or in respect of the pensioner under (i) the Merchant Seamen Compensation Act , (ii) the Government Employees Compensation Act , (iii) any provincial workers’ compensation legislation, (iv) a compensation plan established by any other legislation of a similar nature, whether legislation of Canada, a province or another jurisdiction, other than (A) a compensation plan to which the pensioner has contributed, or (B) a compensation plan that provides a payment or payments that are in substance a continuation of the pay or benefits of a member of the forces, or (v) a compensation plan of a similar nature established by the United Nations or by or under an international agreement to which Canada is a party, other than (A) a compensation plan to which the pensioner has contributed, or (B) a compensation plan that provides a payment or payments that are in substance a continuation of the pay or benefits of a member of the forces. R.S., 1985, c. P-6, s. 25; 1995, c. 18, s. 75; 2000, c. 34, s. 22
Pension Act — P-6 26
Definitions 26 (1) The definitions in this subsection apply in this section. compensatory amount means the amount remaining, after subtracting any taxes, of the amount collected referred to in paragraph 25(a) or of the compensation payable referred to in paragraph 25(b). ( montant compensatoire ) monthly value means (a) in respect of a compensatory amount that is payable in a lump sum, the monthly amount that, in the Minister’s opinion, would result from converting that lump sum to a life annuity payable monthly; or (b) in respect of a compensatory amount that is payable in instalments other than monthly instalments, the monthly amount that would result from converting those instalments to monthly instalments. ( valeur mensuelle ) Amount of pension reduction (2) Except as provided by subsection (3), the amount by which the pension shall be reduced for the purpose of section 25 is the lesser of (a) the pension, and (b) one half of the monthly value of the compensatory amount. Special cases (3) If the compensatory amount is an amount referred to in paragraph 25(a) collected from Her Majesty in right of Canada, or is compensation referred to in subparagraph 25(b)(v), the amount by which the pension shall be reduced for the purpose of section 25 is the lesser of (a) the pension, and (b) the monthly value of the compensatory amount. Recalculation of pension reduction (4) If a change occurs in the amount of the pension or the monthly value of the compensatory amount, or both, the amount by which the pension shall be reduced for the purpose of section 25 shall be recalculated accordingly. Overpayments (5) If (a) part of a compensatory amount is paid to or in respect of a pensioner before the reduction of pension in accordance with this section has taken effect, or (b) an increase in the monthly value of a compensatory amount is paid to or in respect of a pensioner before the recalculation of the reduction of pension in accordance with subsection (4) has taken effect, the amount or additional amount, as the case may be, of the reduction of pension that should have been in effect during the interval in question is an overpayment for the purpose of section 83. R.S., 1985, c. P-6, s. 26; 1990, c. 43, s. 9; 1992, c. 24, s. 12; 1995, c. 18, s. 75; 2000, c. 34, s. 22
Pension Act — P-6
compensatory amount means the amount remaining, after subtracting any taxes, of the amount collected referred to in paragraph 25(a) or of the compensation payable referred to in paragraph 25(b). ( montant compensatoire )
Pension Act — P-6 (a)
monthly value means (a) in respect of a compensatory amount that is payable in a lump sum, the monthly amount that, in the Minister’s opinion, would result from converting that lump sum to a life annuity payable monthly; or (b) in respect of a compensatory amount that is payable in instalments other than monthly instalments, the monthly amount that would result from converting those instalments to monthly instalments. ( valeur mensuelle )
Pension Act — P-6 28
Fees and charges to be certified 28 No action lies against any person in respect of services performed in connection with the preparation or prosecution of any application, unless the Minister has certified that the amount claimed is a fair and reasonable charge for the services rendered and properly payable by the person against whom the claim is made. R.S., 1985, c. P-6, s. 28; 1995, c. 18, s. 49
Pension Act — P-6 29
Payments 29 (1) Pensions or allowances shall be payable monthly at the end of each month. When payments to cease (2) Notwithstanding anything in this Act, but subject to paragraphs 21(1)(h) and (2)(c) and subsections 38(3) and 72(5), any pension or allowance awarded or paid under this Act ceases to be payable on the first day of the month following the month of the death of the person to whom or in respect of whom the pension or allowance is paid. (3) [Repealed, 1995, c. 18, s. 50] R.S., 1985, c. P-6, s. 29; R.S., 1985, c. 16 (1st Supp.), s. 3; 1995, c. 18, s. 50; 2000, c. 34, s. 23
Pension Act — P-6 30
Awards not to be assigned or charged 30 (1) No award shall be assigned, charged, attached, anticipated, commuted or given as security, and the Minister may refuse to recognize any power of attorney granted by a person with reference to the payment of an award. Exemption from seizure and execution (1.1) An award is exempt from seizure and execution, either at law or in equity. Exception (2) Notwithstanding subsection (1), where any provincial or municipal authority in a province pays a person any advance, assistance or welfare payment for a period that would not be paid if a pension or an allowance under this Act had been paid for that period and subsequently a pension or an allowance becomes payable or payment of a pension or an allowance may be made under this Act to that person for that period, the Minister may deduct from any retroactive payment of pension or allowance and pay to the government of the province an amount not exceeding the amount of the advance, assistance or welfare payment paid, if that person had, on or before receiving the advance, assistance or welfare payment from the government of the province or the municipal authority, consented in writing to the deduction and payment. R.S., 1985, c. P-6, s. 30; 1995, c. 18, ss. 51, 75; 2000, c. 34, s. 24
Pension Act — P-6 31
Disposition of pension or allowance 31 (1) Any pension or allowance held in trust by the Minister and due to a deceased pensioner at the time of death does not form part of the estate of the deceased pensioner. Pensioner’s last sickness and burial expenses (2) The Minister may direct the payment of any pension or allowance referred to in subsection (1) either to the pensioner’s estate or to the survivor or child or children of the pensioner, or to the survivor and child or children, or may direct that it be paid in whole or in part to any person who has maintained, or been maintained by, the pensioner or toward the expenses of the pensioner’s last sickness and burial. Non-payment of pension or allowance (3) If no order for the payment of a pension or an allowance referred to in subsection (1) is made by the Minister, the pension or allowance shall not be paid. R.S., 1985, c. P-6, s. 31; R.S., 1985, c. 12 (2nd Supp.), s. 6; 1995, c. 18, s. 52; 2000, c. 12, s. 238
Pension Act — P-6 32
32 (1) [Repealed, 2000, c. 34, s. 25] Retroactive pension (2) If any person who is or has been in receipt of relief or unemployment assistance from the Department is or has been awarded a retroactive pension or a retroactive increase of pension, the difference between the amount actually paid by the Department and the amount that would have been paid if the retroactive pension or the retroactive increase of pension had been payable when the relief or unemployment assistance was issued shall be a second charge on the accumulated unpaid instalments of the pension and shall be withheld accordingly, subject to the payments to be made, as a first charge, to a province pursuant to subsection 30(2). (3) [Repealed, 2000, c. 34, s. 25] R.S., 1985, c. P-6, s. 32; 1990, c. 43, s. 11; 1995, c. 18, s. 75; 2000, c. 12, s. 213, c. 34, s. 25; 2013, c. 33, s. 156
Pension Act — P-6 35
 a pension of ninety per cent shall be awarded as from the date of completion of the treatment and shall be continued without reduction for a period of two years, unless further treatment is required; and (e) after the expiration of two years, no pension awarded in respect of pulmonary tuberculosis shall be reduced by more than twenty per cent at any one time, nor shall reductions be made at intervals of less than six months, and paragraphs (b) and (d) do not apply if the disease manifested itself within a period of three months after enlistment. When no deduction from pension (4) No deduction shall be made from the pension of any member of the forces because the member undertook work or perfected themself in some form of industry. R.S., 1985, c. P-6, s. 35; 1990, c. 43, s. 13; 1995, c. 18, ss. 55, 76(F); 2000, c. 34, ss. 27, 43(E); 2005, c. 21, s. 107; 2017, c. 20, s. 289 2018, c. 12, s. 120
Pension Act — P-6 36
Additional pension for loss of paired organ or limb 36 Where a member of the forces who is in receipt of a pension on account of the loss of, or permanent loss of the use of, one of the paired organs or limbs of the member’s body suffers, either before or after that loss or loss of use, the loss of, permanent loss of the use of or impairment of the pair of that organ or limb from any cause whatever, an additional pension shall, on application, be awarded to that member in an amount equal to fifty per cent of the pension that would have been awarded to the member if the loss of, permanent loss of the use of or impairment of that organ or limb had occurred in circumstances in which a pension would have been payable under section 21. R.S., 1985, c. P-6, s. 36; 2000, c. 34, s. 43(E)
Pension Act — P-6 37
37 (1) [Repealed, 1990, c. 43, s. 14] Permanent pension for disability (2) Permanent pensions for disability shall be awarded, or pensions for disability shall be continued permanently, whenever the disability is, or becomes, apparently permanent in extent, but if it subsequently appears that the disability has changed in extent, the pension shall be adjusted accordingly. (3) [Repealed, 1990, c. 43, s. 14] Restoration to pension (4) Any pensioner who has accepted a final payment under any provisions previously contained in this Act but now repealed may, if it is found on examination that his or her pensionable disability has persisted or increased, be restored to pension in respect thereof as of the date on which the amount of the final payment received by the pensioner is or was equal to the sum of the instalments of pension that the pensioner would have received if, instead of accepting a final payment, he or she had continued to receive pension at the rate in force immediately before the final payment was made, or as of six months prior to the date of the examination, whichever is the later date. R.S., 1985, c. P-6, s. 37; 1990, c. 43, s. 14; 2000, c. 34, s. 43(E)
Pension Act — P-6 38
Attendance allowance 38 (1) A member of the forces who has been awarded a pension or compensation or both, is totally disabled, whether by reason of military service or not, and is in need of attendance shall, on application, in addition to the pension or compensation, or pension and compensation, be awarded an attendance allowance at a rate determined by the Minister in accordance with the minimum and maximum rates set out in Schedule III. (2) [Repealed, 2017, c. 20, s. 290] Payment of allowance on death of member (3) Where a member of the forces who is in receipt of an attendance allowance under subsection (1) dies while residing with the spouse or common-law partner or a child of the member and (a) the member was a person to whom an additional pension was, at the time of death, payable in respect of the spouse, common-law partner or child, or (b) the pension awarded to the member was a final payment, the attendance allowance shall continue to be paid for a period of one year commencing on the first day of the month following the month of death to the survivor, if living, or, if not living, equally to any of the member’s children otherwise pensionable under this Act. Wear and tear of clothing on account of amputation (4) A member of the forces who is in receipt of a pension on account of an amputation of the leg at or above a Symes’ amputation is entitled to the allowance set out in Schedule III on account of wear and tear of clothing in respect of each such amputation. Idem (5) A member of the forces who is in receipt of a pension on account of an amputation of the arm at or above the wrist is entitled to the allowance set out in Schedule III on account of wear and tear of clothing in respect of each such amputation. Wear and tear of clothing on account of two amputations (6) A member of the forces who is in receipt of a pension on account of two amputations of a kind described in subsection (4) or (5) is, in addition to the allowances to which that member is entitled under that subsection, entitled in respect of the second amputation to an allowance on account of wear and tear of clothing equal to fifty per cent of the allowance referred to in that subsection. Wear and tear on account of other disabilities (7) A member of the forces who is in receipt of a pension for a disability other than a disability described in subsection (4) or (5) that causes wear and tear of clothing may be granted an allowance on account of wear and tear of clothing not exceeding the allowance set out in Schedule III. Specially made wearing apparel (8) A member of the forces who is in receipt of a pension for any disability that requires the wearing of specially made apparel is entitled, in addition to any other allowance to which the member is entitled under this section, to the allowance set out in Schedule III on account of the purchase of such apparel. R.S., 1985, c. P-6, s. 38; R.S., 1985, c. 16 (1st Supp.), s. 6; 1990, c. 43, s. 15; 1995, c. 18, ss. 56, 75; 1999, c. 10, s. 6; 2000, c. 12, s. 215; 2017, c. 20, s. 290
Pension Act — P-6 39
Date from which disability pension payable 39 (1) A pension awarded for disability shall be made payable from the later of (a) the day on which application therefor was first made, and (b) a day three years prior to the day on which the pension was awarded to the pensioner. Additional award (2) Notwithstanding subsection (1), where a pension is awarded for a disability and the Minister or, in the case of a review or an appeal under the Veterans Review and Appeal Board Act , the Veterans Review and Appeal Board is of the opinion that the pension should be awarded from a day earlier than the day prescribed by subsection (1) by reason of delays in securing service or other records or other administrative difficulties beyond the control of the applicant, the Minister or Veterans Review and Appeal Board may make an additional award to the pensioner in an amount not exceeding an amount equal to two years pension. R.S., 1985, c. P-6, s. 39; R.S., 1985, c. 20 (3rd Supp.), s. 28; 1995, c. 18, s. 57
Pension Act — P-6 40
Refusing to undergo medical or surgical treatment 40 (1) Where an applicant or pensioner should undergo medical or surgical treatment and the applicant or pensioner unreasonably refuses to undergo that treatment, the Minister may reduce, by not more than one half, the pension to which the extent of the applicant’s or pensioner’s disability would otherwise have entitled the applicant or pensioner. Exception (2) Subsection (1) does not apply to a refusal to undergo a major surgical operation. R.S., 1985, c. P-6, s. 40; 1995, c. 18, s. 58
Pension Act — P-6 41
Administration of awards 41 (1) Where it appears to the Minister that a person to whom an award is payable is (a) by reason of infirmity, illness or other cause, incapable of managing their own affairs, or (b) not maintaining an individual in respect of whom additional pension is payable in accordance with Schedule I, the Minister may direct that the award payable to that person be administered for the benefit of that person or any individual in respect of whom additional pension is payable in accordance with Schedule I, or both, by the Department or a person or agency selected by the Minister. Payment of portion of pension to other person (2) Where a pensioner is in receipt of a pension paid at a rate set out in one of classes seventeen to twenty of Schedule I, the Minister may, at the request of the pensioner, pay to any person in respect of whom additional pension is payable in accordance with Schedule I, without further inquiry as to whether the pensioner is maintaining that person, a portion of the pension not exceeding twice the amount of the additional pension payable in respect of that person. R.S., 1985, c. P-6, s. 41; 1995, c. 18, ss. 59, 75; 2000, c. 12, s. 216, c. 34, s. 28
Pension Act — P-6 43
Additional pension not payable in certain circumstances 43 Additional pension for disability shall not be paid to a member of the forces in respect of a spouse or a dependent child unless the person in respect of whom additional pension is payable lives with the pensioner or maintains, or is maintained by, the pensioner to an extent that, in the opinion of the Minister, is at least equal to the amount of the additional pension. R.S., 1985, c. P-6, s. 43; 1995, c. 18, s. 61
Pension Act — P-6 45
 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. 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). 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. 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). R.S., 1985, c. P-6, s. 45; R.S., 1985, c. 16 (1st Supp.), s. 7; 1990, c. 43, s. 20; 1995, c. 18, ss. 63, 75, 76(F); 2000, c. 12, ss. 219, 237(F), 238, c. 34, ss. 29, 96; 2015, c. 3, s. 139(F)
Pension Act — P-6 46
Pension to person cohabiting with member 46 On the death of a member of the forces, a person who was cohabiting in a conjugal relationship with the member in Canada at the time the member became a member of the forces and for a reasonable period before that time may be awarded a pension at a rate not exceeding the rate provided for a survivor in Schedule II or determined pursuant to subsection 45(3.01), whichever rate is applicable. R.S., 1985, c. P-6, s. 46; 1990, c. 43, s. 21; 1995, c. 18, s. 64; 2000, c. 12, s. 220
Pension Act — P-6 47
Pension to person awarded alimony, support or maintenance 47 (1) A spouse of a member of the forces who has died and who had been judicially separated or separated from the member, or a former spouse or former common-law partner of a member of the forces who has died, is not entitled to a pension unless the person was awarded alimony, support or maintenance or was entitled to an allowance under the terms of a written agreement with the member, in which case the Minister may award to the person the lesser of (a) the pension the person would have been entitled to as a survivor of that member, or (b) a pension equal to the alimony, support or maintenance awarded to the person or the allowance to which the person was entitled under the terms of the agreement. Review of pension (2) Subject to section 55, where a person described in subsection (1) is awarded a pension described in paragraph (b) of that subsection and is in a dependent condition, the Minister may at any time increase or decrease the amount of the pension, but when a pension is payable to that person it shall not, at any time, exceed the pension described in paragraph (a) of that subsection or be decreased below the lesser of paragraphs (a) and (b) of that subsection. Pension where no alimony, support, maintenance or alimentary allowance payable (3) Notwithstanding subsection (1), where a person described in that subsection is in a dependent condition, the Minister may award a pension at a rate not exceeding the rate provided for a survivor in Schedule II or determined pursuant to subsection 45(3) or (3.01), whichever rate is applicable, although the person has not been awarded alimony, support, maintenance or an alimentary allowance or is not entitled to an allowance under the terms of a written agreement, if, in the opinion of the Minister, the person would have been entitled to an award of alimony, support, maintenance or an alimentary or other allowance had the person made application for it under due process of law in any jurisdiction in Canada. Power to refuse pension to surviving spouse (4) The Minister may refuse to award a pension to a surviving spouse of a member of the forces who, at the time the member became a member of the forces and for a reasonable period before that time, was separated from the member and was not being maintained by the member. R.S., 1985, c. P-6, s. 47; R.S., 1985, c. 3 (2nd Supp.), s. 31; 1995, c. 18, ss. 65, 75; 2000, c. 12, ss. 221, 237(F)