GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Pension Plan — C-8 43
Pension Index for subsequent years 43 (1) Subject to subsection (2), the Pension Index for each year shall be calculated, in prescribed manner, as the average for the twelve month period ending October 31 in the preceding year of the Consumer Price Index for each month in that twelve month period. Exception (2) For any year for which the calculation required by subsection (1) yields a Pension Index that is less than the Pension Index for the preceding year, the Pension Index shall be taken to be the Pension Index for the preceding year. Where basis of Consumer Price Index is changed (3) Where at any time the Consumer Price Index is adjusted to reflect a new time basis or a new content basis with a resulting percentage adjustment being made in the figures for that Index, a corresponding percentage adjustment shall, at the time of the next calculation of the Pension Index, be made in all values then existing of the Pension Index. R.S., 1985, c. C-8, s. 43; 1991, c. 44, s. 3
Canada Pension Plan — C-8 44
contributory period (a) for at least one third of the total number of years included either wholly or partly within their contributory period, excluding from the calculation of that contributory period any month in a year after the year in which the contributor reaches 65 years of age and for which the contributor’s base unadjusted pensionable earnings were equal to or less than the contributor’s basic exemption for that year, but in no case for less than three years; or (b) for at least ten years. Calculation of minimum qualifying period — post-retirement disability benefit (4) For the purposes of paragraph (1)(h) and, if a post-retirement disability benefit is payable to a contributor, paragraph (1)(e), the contributor is deemed to have made base contributions for not less than the minimum qualifying period only if the contributor has made base contributions during their contributory period on earnings that are not less than the contributor’s basic exemption, calculated without regard to subsection 20(2), (a) for at least four of the last six calendar years included either wholly or partly in the contributor’s contributory period; (b) for at least 25 calendar years included either wholly or partly in the contributor’s contributory period, of which at least three are in the last six calendar years included either wholly or partly in the contributor’s contributory period; or (c) for each year after the month of cessation of the contributor’s previous disability pension or post-retirement disability benefit. Contributory period — post-retirement disability benefit (5) For the purposes of subsection (4), the contributory period of a contributor is the period (a) commencing when they reach 18 years of age, and (b) ending with the month in which they are determined to have become disabled for the purpose of paragraph (1)(h), but excluding (c) any month that was excluded from the contributor’s contributory period under this Act or under a provincial pension plan by reason of disability, and (d) in relation to any benefits payable under this Act for any month after December 1977, any month for which the contributor was a family allowance recipient in a year for which the contributor’s base unadjusted pensionable earnings are less than the contributor’s basic exemption for the year, calculated without regard to subsection 20(2). R.S., 1985, c. C-8, s. 44; R.S., 1985, c. 30 (2nd Supp.), s. 13; 1991, c. 44, s. 4; 1992, c. 2, s. 1; 1997, c. 40, s. 69; 2000, c. 12, ss. 45, 64; 2007, c. 11, s. 2; 2009, c. 31, s. 32; 2012, c. 31, s. 195; 2016, c. 14, s. 20; 2018, c. 12, s. 372 2022, c. 10, s. 416
Canada Pension Plan — C-8 44.2
Survivor’s pension not payable 44.2 Despite paragraph 44(1)(d), a survivor’s pension is not payable to an individual as a result of a contributor’s death if, on or after January 1, 2025, a division of unadjusted pensionable earnings has taken place under paragraph 55.1(1)(b) between the contributor and that individual unless, at the time of the contributor’s death, that individual had been cohabiting with the contributor in a new conjugal relationship for a continuous period of at least one year. 2024, c. 17, s. 188
Canada Pension Plan — C-8 45
Basic amount of benefit 45 (1) A reference in this Part to the basic amount of any benefit shall be construed as a reference to the amount thereof calculated as provided in this Part without regard to subsection (2). Annual adjustments (2) Where any benefit has become payable commencing with a month in any year, the basic monthly amount of the benefit shall be adjusted annually, in prescribed manner, so that the amount payable for a month in any following year is an amount equal to the product obtained by multiplying (a) the amount that would have been payable for that month if no adjustment had been made under this section with respect to that following year, by (b) the ratio that the Pension Index for that following year bears to the Pension Index for the year preceding that following year. R.S., 1985, c. C-8, s. 45; R.S., 1985, c. 30 (2nd Supp.), s. 14
Canada Pension Plan — C-8 47
Amount of average monthly pensionable earnings 47 Where a retirement pension becomes payable to a contributor commencing with any month before January, 1976, his average monthly pensionable earnings are an amount calculated by dividing his total pensionable earnings by the basic number of contributory months. R.S., c. C-5, s. 47
Canada Pension Plan — C-8 48
 number of months remaining, a number of months equal to the lesser of (i) subject to subsection (5), if the retirement pension or other benefit becomes payable commencing with a month before January 2012, fifteen per cent of the number remaining — and sixteen per cent commencing with a month after December 2011 and before January 2014 and seventeen per cent commencing with a month after December 2013 — and, if that per cent includes a fraction of a month, the fraction shall be taken to be a complete month, and (ii) the number of months by which the number remaining exceeds one hundred and twenty; and (b) from the contributor’s total pensionable earnings remaining after making any deduction under subsection (2) or (3), the aggregate of the contributor’s pensionable earnings for a number of months equal to the number of months deducted under paragraph (a), for which months that aggregate is less than — or, if not less than, then equal to — the contributor’s aggregate pensionable earnings for any like number of months in the contributor’s contributory period other than for months for which a deduction has already been made under subsection (2) or (3). Exception — same percentage (5) The percentage used in a calculation of the amount of average monthly pensionable earnings under subsection (4) is to be used in the calculation of other benefits based on that amount. R.S., 1985, c. C-8, s. 48; R.S., 1985, c. 30 (2nd Supp.), s. 16; 1997, c. 40, s. 70; 2009, c. 31, s. 34; 2012, c. 31, s. 196
Canada Pension Plan — C-8 48.1
First additional monthly pensionable earnings 48.1 The first additional monthly pensionable earnings of a contributor are an amount calculated by (a) in the case where their first additional contributory period is less than or equal to 480 months, dividing their total first additional pensionable earnings by 480; or (b) in the case where their first additional contributory period exceeds 480 months, dividing the aggregate of their 480 highest first additional pensionable earnings for a month by 480. 2016, c. 14, s. 22
Canada Pension Plan — C-8 48.2
Second additional monthly pensionable earnings 48.2 The second additional monthly pensionable earnings of a contributor are an amount calculated by (a) in the case where their second additional contributory period is less than or equal to 480 months, dividing their total second additional pensionable earnings by 480; or (b) in the case where their second additional contributory period exceeds 480 months, dividing the aggregate of their 480 highest second additional pensionable earnings for a month by 480. 2016, c. 14, s. 22
Canada Pension Plan — C-8 49
Contributory period 49 The contributory period of a contributor is the period commencing January 1, 1966 or when he reaches eighteen years of age, whichever is the later, and ending (a) where a benefit other than a disability pension commences before the end of 1986, when he reaches sixty-five years of age, or if he makes a contribution for earnings after he reaches sixty-five years of age, with the month for which he last made such a contribution, and in any case not later than the month in which he dies, or (b) where a benefit other than a disability pension or a post-retirement disability benefit commences after the end of 1986, with the earliest of (i) the month preceding the month in which he reaches seventy years of age, (ii) the month in which he dies, or (iii) the month preceding the month in which the retirement pension commences, but excluding (c) any month that was excluded from the contributor’s contributory period under this Act or under a provincial pension plan by reason of disability, and (d) in relation to any benefits payable under this Act for any month after December, 1977, any month for which the contributor was a family allowance recipient in a year for which the contributor’s base unadjusted pensionable earnings were equal to or less than the contributor’s basic exemption for the year. R.S., 1985, c. C-8, s. 49; R.S., 1985, c. 30 (2nd Supp.), s. 17; 2016, c. 14, s. 23 2022, c. 10, s. 417
Canada Pension Plan — C-8 49.1
First additional contributory period 49.1 The first additional contributory period of a contributor is the period commencing January 1, 2019 or when they reach 18 years of age, whichever is the later, and ending with the earliest of (a) the month preceding the month in which they reach 70 years of age, (b) the month in which they die, and (c) the month preceding the month in which the retirement pension commences. 2016, c. 14, s. 24
Canada Pension Plan — C-8 49.2
Second additional contributory period 49.2 The second additional contributory period of a contributor is the period commencing January 1, 2024 or when they reach 18 years of age, whichever is the later, and ending with the earliest of (a) the month preceding the month in which they reach 70 years of age, (b) the month in which they die, and (c) the month preceding the month in which the retirement pension commences. 2016, c. 14, s. 24
Canada Pension Plan — C-8 50
Total pensionable earnings 50 The total pensionable earnings of a contributor are the total for all months in his contributory period of his pensionable earnings for each month calculated as provided in section 51. R.S., c. C-5, s. 50
Canada Pension Plan — C-8 50.1
Total first additional pensionable earnings 50.1 The total first additional pensionable earnings of a contributor are the total for all months in their first additional contributory period of their first additional pensionable earnings for each month calculated as provided in section 51. 2016, c. 14, s. 25
Canada Pension Plan — C-8 50.2
Total second additional pensionable earnings 50.2 The total second additional pensionable earnings of a contributor are the total for all months in their second additional contributory period of their second additional pensionable earnings for each month calculated as provided in section 51. 2016, c. 14, s. 25
Canada Pension Plan — C-8 51
 becomes payable to the contributor under this Act or under a provincial pension plan, and D is as described in paragraph (a). First additional pensionable earnings — 2019 to 2022 (1.1) Despite subsection (1), the first additional pensionable earnings of a contributor for a month are an amount calculated as provided in subsection (1) multiplied (a) for 2019, by 0.15; (b) for 2020, by 0.3; (c) for 2021, by 0.5; and (d) for 2022, by 0.75. Exception (2) For the purposes of subsection (1), in the case of pensionable earnings, if the year referred to in the description of C is 1987 or earlier, the Maximum Pensionable Earnings Average for the year is calculated as if the Year’s Maximum Pensionable Earnings for a particular year before 1986 were calculated as the greatest multiple of $100 that is equal to or less than an amount calculated by multiplying the Year’s Maximum Pensionable Earnings for 1986, which are $25,800, by the ratio A/B where A is the average for the twelve month period ending on June 30 of the year preceding that particular year of the average weekly wages and salaries of the Industrial Composite in Canada as published by Statistics Canada for each month in that period, and B is the average for the twelve month period ending on June 30, 1985 of the average weekly wages and salaries of the Industrial Composite in Canada as published by Statistics Canada for each month in that period. Pension Index before 1974 (3) For the purposes of subsection (1), in the case of pensionable earnings, if the beginning of a period that is excluded from the contributor’s contributory period by reason of disability is in a year before 1974, in calculating the Pension Index for the year in which that period begins, paragraph 43.1(2)(a) of the Canada Pension Plan , R.S.C. 1970, c. C-5, as amended by section 24 of chapter 4 of the Statutes of Canada, 1974-75-76, is to be read without reference to the words “or 1.02 times the Pension Index for the preceding year, whichever is the lesser”. R.S., 1985, c. C-8, s. 51; R.S., 1985, c. 30 (2nd Supp.), s. 18; 1997, c. 40, s. 71; 2016, c. 14, s. 26; 2018, c. 12, s. 373
Canada Pension Plan — C-8 51.1
; M4 is the number of months in the contributor’s first additional contributory period in the third year before the year in which they were deemed to have become disabled; M5 is the number of months in the contributor’s first additional contributory period in the second year before the year in which they were deemed to have become disabled; M6 is the number of months in the contributor’s first additional contributory period in the year before the year in which they were deemed to have become disabled; M7 is the number of months in the contributor’s first additional contributory period in the year in which they were deemed to have become disabled that are before the month following the month in which they were deemed to have become disabled; and R is the greater of 1 and the number of months determined by the formula M1 + M2 + M3 + M4 + M5 + M6 + M7 Year in which first additional contributory period begins (2) For the purposes of the descriptions of A to F in subsection (1), if the contributor’s first additional contributory period begins in the six years before the year in which they were deemed to have become disabled, the Year’s Maximum Pensionable Earnings for the year in which their first additional contributory period begins is replaced by the prorated portion determined by the formula A × (M ÷ 12) where A is the Year’s Maximum Pensionable Earnings for the year in which the contributor’s first additional contributory period begins; and M is the number of months in that year that are included in the contributor’s first additional contributory period. 2018, c. 12, s. 374 2022, c. 10, s. 418
Canada Pension Plan — C-8 51.2
me disabled; M4 is the number of months in the contributor’s second additional contributory period in the third year before the year in which they were deemed to have become disabled; M5 is the number of months in the contributor’s second additional contributory period in the second year before the year in which they were deemed to have become disabled; M6 is the number of months in the contributor’s second additional contributory period in the year before the year in which they were deemed to have become disabled; M7 is the number of months in the contributor’s second additional contributory period in the year in which they were deemed to have become disabled that are before the month following the month in which they were deemed to have become disabled; and R is the greater of 1 and the number of months determined by the formula M1 + M2 + M3 + M4 + M5 + M6 + M7 Year in which second additional contributory period begins (2) For the purposes of the descriptions of A to F in subsection (1), if the contributor’s second additional contributory period begins in the six years before the year in which they were deemed to have become disabled, the Year’s Maximum Pensionable Earnings for the year in which their second additional contributory period begins is replaced by the prorated portion determined by the formula A × (M ÷ 12) where A is the Year’s Maximum Pensionable Earnings for the year in which the contributor’s second additional contributory period begins; and M is the number of months in that year that are included in the contributor’s second additional contributory period. 2018, c. 12, s. 374 2022, c. 10, s. 419
Canada Pension Plan — C-8 51.3
Time when contributor deemed disabled 51.3 For the purposes of sections 51.1 and 51.2 and despite paragraph 42(2)(b), a contributor is deemed to have become disabled at the time that is determined in the prescribed manner to be the time when the contributor became disabled, without regard to the time when their application was made. 2018, c. 12, s. 374
Canada Pension Plan — C-8 52
Earnings for which base contribution deemed to have been made for month 52 (1) For the purpose of calculating the pensionable earnings of a contributor for a month in any year for which they have made a base contribution, the base contribution is deemed to have been made for all months in the year, and the earnings for which the contributor is deemed to have made that contribution for each month in the year are an amount calculated by dividing their base unadjusted pensionable earnings for the year by 12, except that (a) for a year in which the contributor reaches 18 years of age or in which a disability pension ceases to be payable to them under this Act or under a provincial pension plan, the base contribution is deemed to have been made for earnings for the months in the year after they reached that age or after the pension ceased to be payable, as the case may be, and (b) for a year in which the contributor reaches 70 years of age or dies, in which a retirement pension becomes payable to them under this Act or under a provincial pension plan or in which any month is excluded from their contributory period under this Act or under a provincial pension plan by reason of disability, the base contribution is deemed to have been made for earnings for the months in the year before the contributor reached 70 years of age or died, before the retirement pension became payable or that were not so excluded, as the case may be. If paragraph (a) or (b) applies, the earnings for which the contributor is deemed to have made a base contribution for each such month are an amount calculated by dividing the contributor’s base unadjusted pensionable earnings for that year by the number of those months. If no base contribution made (2) For the purpose of calculating the pensionable earnings of a contributor for a month in any year for which the contributor made no base contribution, the amount of the earnings for which a base contribution is deemed to have been made for any month in the year is deemed to be zero. When base contribution deemed to have been made (3) For the purposes of this Part, (a) a contributor is deemed to have made a base contribution for any year for which their base unadjusted pensionable earnings exceed their basic exemption for the year, and is deemed to have made no base contribution for any year for which their base unadjusted pensionable earnings do not exceed their basic exemption for the year; and (b) a contributor is deemed to have made a base contribution for earnings for any month for which a base contribution is deemed by subsection (1) to have been made by them. R.S., 1985, c. C-8, s. 52; R.S., 1985, c. 30 (2nd Supp.), s. 19; 2016, c. 14, s. 27
Canada Pension Plan — C-8 52.1
Earnings for which first additional contribution deemed for month 52.1 (1) For the purpose of calculating the first additional pensionable earnings of a contributor for a month in any year for which they have made a first additional contribution, that contribution is deemed to have been made for all months in the year, and the earnings for which the contributor is deemed to have made that contribution for each month in the year are an amount calculated by dividing their first additional unadjusted pensionable earnings for the year by 12, except that (a) for a year in which the contributor reaches 18 years of age, the first additional contribution is deemed to have been made for earnings for the months in the year after they reached that age; and (b) for a year in which the contributor reaches 70 years of age or dies or in which a retirement pension becomes payable to them under this Act or under a provincial pension plan, the first additional contribution is deemed to have been made for earnings for the months in the year before they reached 70 years of age or died or before the retirement pension became payable, as the case may be. If paragraph (a) or (b) applies, the earnings for which the contributor is deemed to have made a first additional contribution for each such month are an amount calculated by dividing their first additional unadjusted pensionable earnings for that year by the number of those months. If no first additional contribution made (2) For the purpose of calculating the first additional pensionable earnings of a contributor for a month in any year for which the contributor made no first additional contribution, the amount of the earnings for which that contribution is deemed to have been made for any month in the year is deemed to be zero. When first additional contribution deemed to have been made (3) For the purposes of this Part, (a) a contributor is deemed to have made a first additional contribution for any year for which their first additional unadjusted pensionable earnings exceed their basic exemption for the year, and is deemed to have made no first additional contribution for any year for which their first additional unadjusted pensionable earnings do not exceed their basic exemption for the year; and (b) a contributor is deemed to have made a first additional contribution for earnings for any month for which a first additional contribution is deemed by subsection (1) to have been made by them. 2016, c. 14, s. 27; 2018, c. 12, s. 375