Canada Pension Plan — C-8 58
al 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 the retirement pension first became payable. Calculation of second additional monthly pensionable earnings (3.6) For the purpose of subsection (3.5), the second additional monthly pensionable earnings of a contributor are an amount calculated as provided in section 48.2, 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. Pension Index limitation removed (4) For the purpose of calculating the monthly amount of a survivor’s pension under subsection (3) in a case where the survivor’s pension commences with a month in a year after 1973 and is in respect of a contributor who died prior to 1974, the ratio referred to in that subsection shall be calculated as if the Pension Index for the year in which the contributor died had not been subject to the limitation referred to in paragraph 43.1(2)(a) of the Canada Pension Plan , chapter C-5 of the Revised Statutes of Canada, 1970, of 1.02 times the Pension Index for the preceding year. Calculation of amount of retirement pension to survivor (5) For the purposes of subsection (2), the monthly amount of the retirement pension payable to the survivor of a contributor shall be calculated without regard to any provision of the provincial pension plan referred to in that subsection that reduces the pensions of contributors who have reached sixty-five years of age or precludes the payment of pensions to those contributors by reason of their employment earnings. Calculation of disability pension where survivor’s pension payable (6) Subject to subsection (6.1), where a survivor’s pension under this Act and a disability pension under this Act 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 this Act is after December 31, 1997, the amount of the disability pension is an amount that, when added to the amount of the survivor’s 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 paragraph 56(1)(a), 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) if the amounts referred to in clauses (1)(a)(ii)(B) and (C) or (a.1)(ii)(B) and (C) had not been included in the calculation made under that subparagraph, and 2 the amount that would have been payable under paragraph 56(1)(b) if the amounts referred to in subparagraphs 56(1)(b)(ii) and (iii) had not been included in the calculation made under that paragraph, and (II) 60% of the lesser of the amount described in sub-subclause (I)(1) and the amount described in sub-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