Canada Pension Plan — C-8 58
of the contributor, (b) the survivor reached sixty-five years of age, not having reached that age at the time of the death of the contributor, (c) the survivor’s pension under this Act or the survivor’s retirement pension under this Act or a provincial pension plan commenced to be payable, whichever is the later, (d) a survivor’s pension became payable to the survivor under this Act in circumstances other than those described in paragraph (a), (b) or (c), or (e) the survivor has had an adjustment to the survivor’s retirement pension pursuant to subsection 55(7) or 55.2(9) following a division of unadjusted pensionable earnings, by the ratio that the Pension Index for the year that includes that month bears to the Pension Index for the year in which the contributor died. Calculation of portion of contributor’s retirement pension (3.1) The amount of the portion of the contributor’s retirement pension that is to be used for the purposes of subsections (1) and (2) is an amount calculated as provided in subsection (3.2), multiplied, for the purpose of calculating the monthly amount of the survivor’s pension for months commencing with the month in which one of the events described in paragraphs 3(a) to (e) has occurred, by the ratio that the Pension Index for the year that includes that month bears to the Pension Index for the year in which the contributor died. Calculation for purpose of subsection (3.1) (3.2) The amount to be calculated for the purpose of subsection (3.1) is equal to (a) if a retirement pension was not payable for the month in which the contributor died, an amount equal to 8.33% of their first additional monthly pensionable earnings, or (b) if a retirement pension was payable for the month in which the contributor died, an amount equal to the product obtained by multiplying (i) an amount equal to 8.33% of their first additional monthly pensionable earnings, by (ii) the ratio that the Pension Index for the year that includes that month bears to the Pension Index for the year in which the retirement pension first became payable. Calculation of first additional monthly pensionable earnings (3.3) For the purpose of subsection (3.2), the first additional monthly pensionable earnings of a contributor are an amount calculated as provided in section 48.1, and (a) in the case of a contributor to whom a retirement pension was payable for the month in which they died, section 51 applies; or (b) in the case of a contributor to whom no retirement pension was payable for the month in which they died, section 51 applies but the reference in that section to the year in which a benefit becomes payable to the contributor is to be read as a reference to the year in which the contributor died. Calculation of portion of contributor’s retirement pension (3.4) The amount of the portion of the contributor’s retirement pension that is to be used for the purposes of subsections (1) and (2) is an amount calculated as provided in subsection (3.5), multiplied, for the purpose of calculating the monthly amount of the survivor’s pension for months commencing with the month in which one of the events described in paragraphs 3(a) to (e) has occurred, by the ratio that the Pension Index for the year that includes that month bears to the Pension Index for the year in which the contributor died. Calculation for purpose of subsection (3.4) (3.5) The amount that is to be calculated for the purpose of subsection (3.4) is equal to (a) if a retirement pension was not payable for the month in which the contributor died, an amount equal to 33.33% of their second additional monthly pensionable earnings, or (b) if a retirement pension was payable for the month in which the contributor died, an amount equal to the product obtained by multiplying (i) an amount equal to 33.33% of their second additional monthly pensionable earnings, by (ii) the ratio that the Pension Index for the year that includes that month bears to the Pension Index for the year in which th