GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Pension Plan — C-8 66.1
Request to cancel benefit 66.1 (1) A beneficiary may, in prescribed manner and within the prescribed time interval after payment of a benefit has commenced, request cancellation of that benefit. Exception (1.1) Subsection (1) does not apply to the cancellation of a retirement pension in favour of a disability benefit where an applicant for a disability benefit under this Act or under a provincial pension plan is in receipt of a retirement pension and the applicant is deemed to have become disabled for the purposes of entitlement to the disability benefit in or after the month for which the retirement pension first became payable. Effect of cancellation (2) Where a request made under subsection (1) or under a substantially similar provision of a provincial pension plan is granted and the amount of the benefits paid is repaid within the prescribed time or, in the case of a provincial pension plan, the time provided thereunder, that benefit shall be deemed for all purposes of this Act not to have been payable during the period in question. R.S., 1985, c. 30 (2nd Supp.), s. 35; 1997, c. 40, s. 81
Canada Pension Plan — C-8 67
the 12 months in which the beneficiary had reached the age of 70 — including the month in which they reached that age — before the first month referred to in paragraph (a). Deemed application where disability pension ceased (4) Where a disability pension is no longer payable because a decision that the person was disabled has been reversed or because the person has ceased to be disabled, and on or before the day that is 90 days after the day on which the person is notified that the disability pension has ceased, or within any longer period that the Minister may either before or after the expiration of those 90 days allow, the person applies for a retirement pension, that application is deemed to have been received in the latest of (a) the month in which the disability pension application was made, (b) the last month for which the disability pension was payable, and (c) the month before the month in which the contributor reached the age of 60 years. R.S., 1985, c. C-8, s. 67; R.S., 1985, c. 30 (2nd Supp.), s. 36, c. 1 (4th Supp.), s. 5; 1995, c. 33, s. 32; 1997, c. 40, s. 82; 2009, c. 31, s. 38 2019, c. 29, s. 154
Canada Pension Plan — C-8 68
Duration of payment 68 Subject to this Act, a retirement pension shall continue to be paid during the lifetime of the beneficiary, and shall cease with the payment for the month in which the beneficiary dies. R.S., c. C-5, s. 67
Canada Pension Plan — C-8 69
Commencement of pension 69 Subject to section 62, where payment of a disability pension is approved, the pension is payable for each month commencing with the fourth month following the month in which the applicant became disabled, except that where the applicant was, at any time during the five year period next before the month in which the applicant became disabled as a result of which the payment is approved, in receipt of a disability pension payable under this Act or under a provincial pension plan, (a) the pension is payable for each month commencing with the month next following the month in which the applicant became disabled as a result of which the payment is approved; and (b) the reference to “fifteen months” in paragraph 42(2)(b) shall be read as a reference to “twelve months”. R.S., 1985, c. C-8, s. 69; R.S., 1985, c. 30 (2nd Supp.), s. 38
Canada Pension Plan — C-8 70
When pension ceases to be payable 70 (1) A disability pension ceases to be payable with the payment (a) for the month in which the beneficiary ceases to be disabled; (b) for the month immediately preceding the month in which the beneficiary commences to receive a retirement pension under this Act or under a provincial pension plan; (c) for the month in which the beneficiary reaches sixty-five years of age; or (d) for the month in which the beneficiary dies. Application for retirement pension deemed to have been made (2) Where a disability pension ceases to be payable to a person by reason of his having reached sixty-five years of age, an application under section 60 shall be deemed to have been made by and received from that person, in the month in which he reached that age, for a retirement pension to commence with the month following that month. Effect of receiving a retirement pension (3) A person who commences to receive a retirement pension under this Act or under a provincial pension plan is thereafter ineligible to apply or re-apply, at any time, for a disability pension under this Act, except as provided in section 66.1 or in a substantially similar provision of a provincial pension plan, as the case may be. R.S., 1985, c. C-8, s. 70; R.S., 1985, c. 30 (2nd Supp.), s. 39
Canada Pension Plan — C-8 70.01
Commencement of benefit 70.01 Subject to section 62, if payment of a post-retirement disability benefit is approved, the benefit is payable for each month commencing with the fourth month following the month after December 2018 in which the applicant became disabled, except that if the applicant was, at any time during the five-year period next before the month in which the applicant became disabled as a result of which the payment is approved, in receipt of a disability pension payable under this Act or under a provincial pension plan or a post-retirement disability benefit, (a) the benefit is payable for each month commencing with the month next following the month after December 2018 in which the applicant became disabled as a result of which the payment is approved; and (b) the reference to “fifteen months” in paragraph 42(2)(b) shall be read as a reference to “twelve months”. 2018, c. 12, s. 389
Canada Pension Plan — C-8 70.02
When benefit ceases to be payable 70.02 A post-retirement disability benefit ceases to be payable with the payment (a) for the month in which the beneficiary ceases to be disabled; (b) for the month in which the beneficiary reaches 65 years of age; or (c) for the month in which the beneficiary dies. 2018, c. 12, s. 389
Canada Pension Plan — C-8 70.1
d, shall not be less than the amount that was payable for the month immediately preceding the month in which the pension ceased to be payable, adjusted annually in accordance with subsection 45(2). Commencement of payments (10) A disability pension, post-retirement disability benefit or disabled contributor’s child benefit that is reinstated pursuant to a request under this section is payable commencing with the month following the month in which the person who made the request under this section became incapable again of working. 2004, c. 22, s. 20; 2018, c. 12, s. 390
Canada Pension Plan — C-8 71
Payable to estate 71 (1) Where payment of a death benefit is approved, the Minister shall, except as provided in subsections (2) and (3), pay the death benefit to the estate of the contributor. Exceptions (2) The Minister may direct payment of a death benefit in whole or in part to such person or body as is prescribed where (a) he is satisfied, after making reasonable inquiries, that there is no estate; (b) the estate has not applied for the death benefit within the prescribed time interval following the contributor’s death; or (c) if the contributor’s death occurs before January 1, 2019, the amount of the death benefit is less than the prescribed amount. No double payment (3) Where a payment has been made pursuant to subsection (2), the Minister is not liable to make that payment to any subsequent applicant. R.S., 1985, c. C-8, s. 71; R.S., 1985, c. 30 (2nd Supp.), s. 40; 2018, c. 12, s. 391
Canada Pension Plan — C-8 72
Commencement of pension 72 Subject to section 62, if payment of a survivor’s pension is approved, the pension is payable for each month commencing with, (a) if subparagraph 44(1)(d)(i) applies, the month following the month in which (i) the contributor died, in the case of a survivor who at the time of the death of the contributor had reached 35 years of age or was a survivor with dependent children, (ii) the survivor became a survivor who, not having reached 65 years of age, is disabled, in the case of a survivor other than a survivor described in subparagraph (i), or (iii) the survivor reached 65 years of age, in the case of a survivor other than a survivor described in subparagraph (i) or (ii); or (b) if subparagraph 44(1)(d)(ii) applies, the month following the month in which the contributor died. However, in no case is the pension payable earlier than for the twelfth-month preceding the month following the month in which the application was received. R.S., 1985, c. C-8, s. 72; 2000, c. 12, ss. 54, 64; 2018, c. 12, s. 392
Canada Pension Plan — C-8 73
Duration of payment 73 (1) Subject to this Act, a survivor’s pension shall continue to be paid during the lifetime of the beneficiary, and shall cease with the payment for the month in which the beneficiary dies. Special case * (2) If (a) a contributor died on or after January 1, 1998 but before the coming into force of this subsection, and (b) a survivor’s pension was, immediately before that coming into force, payable to a survivor who had been married to the contributor at the time of the contributor’s death, the approval of payment of a survivor’s pension, in respect of that contributor’s death, to a survivor who was the contributor’s common-law partner at the time of the contributor’s death and was not a person described in subparagraph (a)(ii) of the definition spouse in subsection 2(1) as that definition read at that time, does not affect the right of the survivor referred to in paragraph (b) to continue to receive the survivor’s pension in accordance with subsection (1). * [Note: Subsection 73(2) in force July 31, 2000, see SI/2000-76.] Cessation of payment (3) Despite subsection (1), a survivor’s pension shall cease with the payment for the month of the effective date of the approval of a division of unadjusted pensionable earnings between the survivor and the contributor under paragraph 55.1(1)(b) unless, at the time of the contributor’s death, the survivor had been cohabiting with the contributor in a new conjugal relationship for a continuous period of at least one year. R.S., 1985, c. C-8, s. 73; 2000, c. 12, s. 55 2024, c. 17, s. 192
Canada Pension Plan — C-8 74
Persons by whom application may be made 74 (1) An application for a disabled contributor’s child’s benefit or orphan’s benefit may be made on behalf of a disabled contributor’s child or orphan by the child or orphan or by any other person or agency to whom the benefit would, if the application were approved, be payable under this Part. Commencement of payment of benefit (2) Subject to section 62, where payment of a disabled contributor’s child’s benefit or orphan’s benefit in respect of a contributor is approved, the benefit is payable for each month commencing with, (a) in the case of a disabled contributor’s child’s benefit, the later of (i) the month commencing with which a disability pension is payable to the contributor under this Act or under a provincial pension plan or a post-retirement disability benefit is payable under this Act, and (ii) the month next following the month in which the child was born or otherwise became a child of the contributor, and (b) in the case of an orphan’s benefit, the later of (i) the month following the month in which the contributor died, and (ii) the month next following the month in which the child was born, but in no case earlier than the twelfth month preceding the month following the month in which the application was received. No benefit in respect of more than two contributors (3) Where a disabled contributor’s child’s benefit has become payable to a child under this Act or under a provincial pension plan in respect of any contributor thereunder or an orphan’s benefit has become payable to an orphan under this Act or under a provincial pension plan in respect of any contributor thereunder, no disabled contributor’s child’s benefit or orphan’s benefit is payable to that person under this Act in respect of any other such contributor except another parent of that person, and in no case shall such a benefit be paid to that person in respect of more than two contributors. Meaning of parent (3.1) In subsection (3), parent has the reciprocal meaning to that of “child”. (4) [Repealed, 1991, c. 44, s. 18] R.S., 1985, c. C-8, s. 74; R.S., 1985, c. 30 (2nd Supp.), s. 41; 1991, c. 44, s. 18; 2018, c. 12, s. 393
Canada Pension Plan — C-8 75
Payment of benefit 75 (1) If a disabled contributor’s child’s benefit is payable to a child of a disabled contributor or an orphan’s benefit is payable to an orphan of a contributor and the child or orphan has not reached 18 years of age, payment of the benefit must be made to the person or agency having decision-making responsibility for the child or orphan, or, if there is no person or agency having decision-making responsibility for the child or orphan, to any person or agency that the Minister may direct. Presumption — decision-making responsibility (2) For the purposes of this Part, in the absence of any evidence to the contrary, the following person is presumed to have decision-making responsibility for the child or orphan, as the case may be: (a) the contributor, in relation to a disabled contributor’s child, except if the contributor has less than 20% of the parenting time in respect of the child; and (b) the survivor, if any, of the contributor, in relation to an orphan, except if the survivor has less than 20% of the parenting time in respect of the orphan. R.S., 1985, c. C-8, s. 75; 2000, c. 12, s. 56 2024, c. 17, s. 193
Canada Pension Plan — C-8 76
When disabled contributor’s child’s benefit ceases to be payable 76 (1) A disabled contributor’s child’s benefit ceases to be payable with the payment for the month in which (a) the child ceases to be a dependent child; (b) the child dies; (c) the contributor’s disability pension or post-retirement disability benefit ceases to be payable for any reason other than that the contributor has reached 65 years of age; (d) the child is adopted legally or in fact by someone other than the disabled contributor or the disabled contributor’s spouse or common-law partner, unless the disabled contributor is maintaining the child, as defined by regulation; or (e) the disabled contributor ceases to have parenting time or decision-making responsibility in respect of the child, if the child is a child as defined in subsection 42(1) by reason of the disabled contributor having had that parenting time or decision-making responsibility. When orphan’s benefit ceases to be payable (2) An orphan’s benefit ceases to be payable with the payment for the month in which the child ceases to be a dependent child or dies. Exception (3) Where, by reason of the death of a contributor, a disabled contributor’s child’s benefit ceases to be payable to a person who is 18 years of age or older at the time of that death, an application under section 60 for an orphan’s benefit shall be deemed to have been made by that person in the month in which the contributor died. R.S., 1985, c. C-8, s. 76; R.S., 1985, c. 30 (2nd Supp.), s. 42; 1991, c. 44, s. 19; 2000, c. 12, s. 57; 2018, c. 12, s. 394 2024, c. 17, s. 194
Canada Pension Plan — C-8 76.1
Commencement of benefit 76.1 Subject to section 62, a post-retirement benefit is payable to a beneficiary of a retirement pension for each month commencing with January 1 of the year following the year of a contributor’s earnings if (a) a contribution has been made in respect of those earnings; (b) those earnings exceed the contributor’s basic exemption; and (c) those earnings are for a period that (i) begins after 2011 and after the contributory period ends under subparagraph 49(b)(iii), and (ii) ends with the month preceding the month in which the contributor reaches seventy years of age. 2009, c. 31, s. 40
Canada Pension Plan — C-8 76.2
Duration of payment 76.2 Subject to this Act, a post-retirement benefit shall continue to be paid during the lifetime of the beneficiary and shall cease with the payment for the month in which the beneficiary dies. 2009, c. 31, s. 40
Canada Pension Plan — C-8 77
Amount of benefit payable under Act 77 Where, by virtue of any provision of this Act other than this section, a benefit is payable under this Act to or in respect of any contributor, notwithstanding anything in this Part except as provided in section 80, the amount of the benefit that is payable under this Act is an amount equal to that proportion of the amount of the benefit payable to or in respect of the contributor, calculated as provided in this Part without regard to this section, that (a) the aggregate of the contributor’s total pensionable earnings, total first additional pensionable earnings and total second additional pensionable earnings attributable to contributions made under this Act, is to (b) the aggregate of the contributor’s total pensionable earnings, total first additional pensionable earnings and total second additional pensionable earnings. R.S., 1985, c. C-8, s. 77; 2016, c. 14, s. 35; 2018, c. 12, s. 395
Canada Pension Plan — C-8 78
Total pensionable earnings attributable to base contributions made under Act 78 The total pensionable earnings of a contributor attributable to base contributions made under this Act are an amount equal to the amount that their total pensionable earnings would be if the base unadjusted pensionable earnings of the contributor for a year were that proportion of their base unadjusted pensionable earnings for the year that (a) the contributor’s earnings on which a base contribution has been made for the year under this Act, calculated as provided in subparagraph 53(1)(b)(i), are of (b) the aggregate of the amount mentioned in paragraph (a) and the contributor’s earnings on which a base contribution has been made for the year under a provincial pension plan, calculated as provided in subparagraph 53(1)(b)(ii). R.S., 1985, c. C-8, s. 78; 2012, c. 31, s. 201; 2016, c. 14, s. 36; 2018, c. 12, s. 396
Canada Pension Plan — C-8 78.1
Total first additional pensionable earnings attributable to first additional contributions made under Act 78.1 The total first additional pensionable earnings of a contributor attributable to first additional contributions made under this Act are an amount equal to the amount that their total first additional pensionable earnings would be if the first additional unadjusted pensionable earnings of the contributor for a year were that proportion of their first additional unadjusted pensionable earnings for the year that (a) the contributor’s earnings on which a first additional contribution has been made for the year under this Act, calculated as provided in subparagraph 53.1(1)(b)(i), are of (b) the aggregate of the amount mentioned in paragraph (a) and the contributor’s earnings on which a first additional contribution has been made for the year under a provincial pension plan, calculated as provided in subparagraph 53.1(1)(b)(ii). 2018, c. 12, s. 397
Canada Pension Plan — C-8 78.2
Total second additional pensionable earnings attributable to second additional contributions made under Act 78.2 The total second additional pensionable earnings of a contributor attributable to second additional contributions made under this Act are an amount equal to the amount that their total second additional pensionable earnings would be if the second additional unadjusted pensionable earnings of the contributor for a year were that proportion of their second additional unadjusted pensionable earnings for the year that (a) the contributor’s earnings on which a second additional contribution has been made for the year under this Act, calculated as provided in subparagraph 53.2(1)(b)(i), are of (b) the aggregate of the amount mentioned in paragraph (a) and the contributor’s earnings on which a second additional contribution has been made for the year under a provincial pension plan, calculated as provided in subparagraph 53.2(1)(b)(ii). 2018, c. 12, s. 397
Canada Pension Plan — C-8 79
Total pensionable earnings attributable to base contributions made under Act as a result of division 79 For a year of a division as determined under section 55 or 55.1 and under a provincial pension plan, the total pensionable earnings of a contributor attributable to base contributions made under this Act are an amount equal to the amount that their total pensionable earnings would be if the base unadjusted pensionable earnings of the contributor for the year were that proportion of their base unadjusted pensionable earnings for the year that (a) their base unadjusted pensionable earnings attributed under subsection 55(4) or 55.2(5) are of (b) their total base unadjusted pensionable earnings for the year determined under subsection 55(5) or 55.2(6). R.S., 1985, c. C-8, s. 79; R.S., 1985, c. 30 (2nd Supp.), s. 43; 2016, c. 14, s. 37
Canada Pension Plan — C-8 79.1
Total first additional pensionable earnings attributable to first additional contributions made under Act as a result of division 79.1 For a year of a division as determined under section 55.1 and under a provincial pension plan, the total first additional pensionable earnings of a contributor attributable to first additional contributions made under this Act are an amount equal to the amount that their total first additional pensionable earnings would be if the first additional unadjusted pensionable earnings of the contributor for the year were that proportion of their first additional unadjusted pensionable earnings for the year that (a) their first additional unadjusted pensionable earnings attributed under subsection 55.2(5.1) are of (b) their total first additional unadjusted pensionable earnings for the year determined under subsection 55.2(6.1). 2018, c. 12, s. 398
Canada Pension Plan — C-8 79.2
Total second additional pensionable earnings attributable to second additional contributions made under Act as a result of division 79.2 For a year of a division as determined under section 55.1 and under a provincial pension plan, the total second additional pensionable earnings of a contributor attributable to second additional contributions made under this Act are an amount equal to the amount that their total second additional pensionable earnings would be if the second additional unadjusted pensionable earnings of the contributor for the year were that proportion of their second additional unadjusted pensionable earnings for the year that (a) their second additional unadjusted pensionable earnings attributed under subsection 55.2(5.2) are of (b) their total second additional unadjusted pensionable earnings for the year determined under subsection 55.2(6.2). 2018, c. 12, s. 398