Canada Pension Plan — C-8 58
section 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) if the amounts referred to in clauses (1)(a)(ii)(A) and (C) or (a.1)(ii)(A) and (C) had not been included in the calculation made under that subparagraph, and (B) the amount that would have been payable under paragraph 56(1)(b) if the amounts referred to in subparagraphs 56(1)(b)(i) and (iii) had not been included in the calculation made under that paragraph, 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) if the amounts referred to in clauses (1)(a)(ii)(A) and (B) or (a.1)(ii)(A) and (B) had not been included in the calculation made under that subparagraph, and (B) the amount that would have been payable under paragraph 56(1)(b) if the amounts referred to in subparagraphs 56(1)(b)(i) and (ii) had not been included in the calculation made under that paragraph, and (ii) 60% of the lesser of the amount described in subclause (A) and the amount described in subclause (B). Saving (6.1) Where subsection (6) applies and the aggregate amount of the survivor’s pension and the disability pension are less than the amount of the disability pension that would be payable if the survivor’s pension were not payable, the amount of the disability pension is the amount that results when (a) the amount of the survivor’s pension is subtracted from (b) the amount of the disability pension that would be payable if the survivor’s pension were not payable. Calculation of disability pension where survivor’s pension payable (6.2) Where a survivor’s pension under this Act and a disability pension under this Act are payable to the survivor of a contributor and subsection (6) does not apply, 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 greater of (i) the flat rate benefit payable under subparagraph (1)(a)(i) or (a.1)(i), and (ii) the flat rate benefit payable under paragraph 56(1)(a), and (b) the lesser of (i) the aggregate of the amounts payable under subparagraph (1)(a)(ii) or (a.1)(ii) and paragraph 56(1)(b), and (ii) the amount of a benefit of 25% of 1/12 of the average of the Year’s Maximum Pensionable Earnings 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, and for each of the two preceding years, 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. Special case (7) Notwithstanding subsection (6), the Minister may, in prescribed circumstances and on the written request of the applicant, if in the Minister’s opinion it would be to the applicant’s advantage, pay the applicant the full amount of the disability pension and calculate the amount of the applicant’s survivor’s pension in a manner similar to that set out in subsection (6) for the calculation of the disability pension, but in no case may the aggregate of the two pensions 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 a