Canadian Forces Superannuation Act — C-17 29
Person considered to be the survivor 29 (1) For the purposes of this Act, when a person establishes that he or she was cohabiting in a relationship of a conjugal nature with the contributor for at least one year immediately before the death of the contributor, the person is considered to be the survivor of the contributor. Person considered to be married (2) For the purposes of this Act, when a contributor dies and, at the time of death, the contributor was married to a person with whom the contributor had been cohabiting in a relationship of a conjugal nature for a period immediately before the marriage, that person is considered to have become married to the contributor on the day established as being the day on which the cohabitation began. When survivor not to receive annual allowance — waiver (3) A survivor is not entitled to receive an annual allowance if the survivor makes an irrevocable waiver under subsection (4). Permitted waivers (4) A survivor may make an irrevocable waiver in writing only if it results in (a) an increase in the allowance payable to a child under paragraph 25(1)(b); or (b) a benefit being paid under any of sections 38 to 40. Time for waiver (5) A waiver must be made no later than three months after the survivor is notified of his or her entitlement to an allowance and takes effect as of the date of the death of the contributor. When survivor not to receive benefits — criminal responsibility for death (6) A survivor is not entitled to receive any benefit under this Act with respect to the contributor when the contributor dies and the survivor is found criminally responsible for the death. When survivor not to receive annual allowance — missing survivor (7) A survivor is not entitled to receive an annual allowance when the contributor dies if it is established to the satisfaction of the Minister that the survivor cannot be found. Apportionment of allowance when two survivors (8) When an annual allowance is payable under paragraph 25(1)(a) and there are two survivors of the contributor, the total amount of the annual allowance shall be apportioned so that (a) the survivor referred to in paragraph (a) of the definition survivor in subsection 2(1) is entitled to receive the proportion of the annual allowance that the total of the number of years that he or she cohabited with the contributor while married to the contributor and the number of years that he or she cohabited with the contributor in a relationship of a conjugal nature bears to the total number of years that the contributor so cohabited with the survivors; and (b) the survivor referred to in paragraph (b) of that definition is entitled to receive the proportion of the annual allowance that the number of years that he or she cohabited with the contributor in a relationship of a conjugal nature bears to the total number of years that the contributor cohabited with the survivors, either while married or while in a relationship of a conjugal nature. Years (9) In determining a number of years for the purposes of subsection (8), part of a year shall be counted as a full year if the part is six or more months and shall be ignored if it is less. Death, etc. of one of the survivors (10) When one of the survivors referred to in subsection (8) dies or is not entitled to receive a benefit under this Act when the contributor dies, the portion of the annual allowance that would have been payable to the survivor who died or is not entitled shall be paid to the remaining survivor in addition to his or her own portion. R.S., 1985, c. C-17, s. 29; 1992, c. 46, s. 43; 1999, c. 34, s. 136