Public Service Superannuation Act — P-36 25
Lump sum payments 25 (1) Where, in this Part, it is provided that the survivor and children of a contributor are entitled jointly to a return of contributions, the total amount of the return shall be paid to the survivor except that (a) if at the time of the death of the contributor all of the children were eighteen years of age or over and at the time the payment is to be made the survivor is dead or cannot be found, the total amount shall be paid to the children in equal shares; (b) if at the time of the death of the contributor any of the children were less than eighteen years of age, and the contributor died without leaving a survivor or at the time the payment is to be made the survivor is dead or cannot be found, the total amount shall be paid to the children in the shares that the Minister considers equitable and proper under the circumstances, or to any of them, as the Minister may direct; (c) if any of the children who were less than eighteen years of age at the time of the death of the contributor are living apart from the survivor at the time the payment is to be made, the total amount shall be paid to the survivor and the children so living apart in the shares that the Minister considers equitable and proper under the circumstances, or to the survivor or any of the children so living apart, as the Minister may direct; and (d) if the contributor died without leaving any children and at the time the payment is to be made the survivor is dead or cannot be found, or if the contributor died without leaving a survivor and at the time the payment is to be made all of the children are dead or cannot be found, the total amount shall be paid (i) if the contributor named his or her estate or succession as beneficiary or named another beneficiary under Part II and the beneficiary survives the contributor, to the beneficiary, and (ii) in any other case, to the estate or succession of the contributor or, if less than one thousand dollars, as the Minister may direct. Apportionment when two survivors (2) If there are two survivors of a contributor, the share of the total amount to be paid to the survivor referred to in paragraph (a) of the definition “survivor” in subsection 3(1) and the share to be paid to the survivor referred to in paragraph (b) of that definition shall be paid as the Minister may direct. Share may be nil (2.1) Nothing in subsection (2) is to be read as limiting the Minister’s power to direct that the share of one or other of the survivors under that subsection is nil. Allowances paid to children (3) When a child of a contributor is entitled to an annual allowance or other amount under this Part, payment of it shall, if the child is less than eighteen years of age, be made to the person having custody and control of the child, or, if there is no person having custody and control of the child, to the person whom the Minister may direct. Person considered to be the survivor (4) For the purposes of this Part, 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 (4.1) For the purposes of this Part, 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 (5) A survivor is not entitled to receive an annual allowance if the survivor makes an irrevocable waiver under subsection (6). Permitted waivers (6) 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 par