Canada Pension Plan — C-8 63
Where spouse remarried before survivor’s pension payable 63 (1) Where a person whose spouse has died remarries at a time when no survivor’s pension is payable to him, no survivor’s pension is payable to that person during the period of his remarriage and if following the death of his spouse of that or any subsequent remarriage a survivor’s pension would be payable to him if he applied for such a pension, his deceased spouse for the purposes of this Act shall be deemed to be his spouse named in the application. Discontinuance of survivor’s pension (2) Where a person to whom a survivor’s pension is being paid remarries, the survivor’s pension shall be discontinued commencing with the month following the month in which that person was married. Application for survivor’s pension (3) Where the spouse of a person whose survivor’s pension has been discontinued under subsection (2) dies, that person may on application therefor be paid a survivor’s pension equal to the survivor’s pension that was discontinued under subsection (2) or the survivor’s pension that would have been payable by reason of the death of the spouse if no survivor’s pension had been previously payable to that person, whichever is the greater. Payment of pension to former spouse (4) Where the marriage of a person whose survivor’s pension has been discontinued under subsection (2) is terminated otherwise than by the death of his spouse, the survivor’s pension previously payable to that person shall thereupon become payable to him. Calculation of basic amount of survivor’s pension (5) Where a survivor’s pension payable to a person has been discontinued under subsection (2) and subsequently a survivor’s pension equal to the pension so discontinued becomes payable to that person or the pension so discontinued again becomes payable to him, the basic monthly amount of the pension thereupon payable to that person shall be calculated as though the pension discontinued under subsection (2) had not been discontinued. Only one survivor’s pension payable (6) Where, but for this subsection, more than one survivor’s pension would be payable concurrently to a person under this Act, or a survivor’s pension would be payable concurrently to a person under this Act and under a provincial pension plan, only one survivor’s pension shall be payable to that person, the amount of which shall be the greatest or greater of the survivor’s pensions that would, but for this subsection, be payable to that person. Death within 1 year of marriage (7) Where a contributor dies within one year after his marriage, no survivor’s pension is payable to his survivor if the Minister is not satisfied that the contributor was at the time of his marriage in such a condition of health as to justify him in having an expectation of surviving for at least one year thereafter. When subsection (7) does not apply (7.1) Subsection (7) does not apply if the aggregate of the following periods is one year or more: (a) the period during which the contributor and the survivor had cohabited during the marriage; and (b) the period during which the contributor and the survivor had cohabited in a conjugal relationship immediately before the marriage. Application of subsection (3) (8) Subsection (3) applies only to a person who has made an application pursuant to that subsection that is pending on the coming into force of section 63.1. Application of subsection (4) (9) Subsection (4) applies only to a person whose marriage is terminated as described in that subsection before the coming into force of section 63.1. Subsection does not apply (10) Subsection (5) does not apply in respect of a survivor’s pension that becomes payable pursuant to section 63.1. R.S., 1985, c. C-8, s. 63; R.S., 1985, c. 30 (2nd Supp.), s. 30; 2000, c. 12, ss. 51, 64, 65(F)