39.1.1 (1) On the death of a retired member for whom a variable benefit account has been established, the person who is the retired member’s spouse on the date of death is entitled to receive the balance remaining in the retired member’s variable benefit account in a lump sum payment. 2017, c. 8, Sched. 27, s. 8. Interpretation re “spouse” (2) If, on the date of death, a retired member has a spouse described in clause (a) of the definition of “spouse” in subsection 1 (1) from whom the retired member is living separate and apart, that spouse does not have an entitlement under subsection (1). 2017, c. 8, Sched. 27, s. 8. Same (3) If, on the date of death, a retired member has a spouse described in clause (b) of the definition of “spouse” in subsection 1 (1) and a spouse described in clause (a) of that definition from whom the retired member is living separate and apart, the spouse described in clause (b) of the definition has an entitlement under subsection (1). 2017, c. 8, Sched. 27, s. 8. Same, entitlement as beneficiary or personal representative (4) Subsection (2) does not prevent a spouse from having an entitlement as a designated beneficiary under subsection (5) or a personal representative under subsection (6). 2017, c. 8, Sched. 27, s. 8. Designated beneficiary (5) A retired member for whom a variable benefit account has been established may designate a beneficiary and the beneficiary is entitled to receive the balance remaining in the retired member’s variable benefit account in a lump sum payment unless on the date of death the retired member has a spouse who has an entitlement under subsection (1). 2017, c. 8, Sched. 27, s. 8. Estate entitlement (6) The personal representative of a retired member for whom a variable benefit account has been established is entitled to receive the balance remaining in the retired member’s variable benefit account in a lump sum payment unless, (a)  on the date of death, the retired member has a spouse who has an entitlement under subsection (1); or (b)  the retired member has designated a beneficiary who has an entitlement under subsection (5). 2017, c. 8, Sched. 27, s. 8. Spouse’s right to transfer entitlement (7) A spouse entitled to a lump sum payment under subsection (1) may require the administrator to pay the lump sum into a registered retirement savings arrangement by delivering a direction to the administrator within the prescribed period. 2017, c. 8, Sched. 27, s. 8. Payments into registered retirement savings arrangements (8) Section 50.1 applies with respect to any payment into a registered retirement savings arrangement that is made in accordance with a direction given under subsection (7). 2017, c. 8, Sched. 27, s. 8. Right of specified beneficiary (9) Despite subsection (1), the retired member’s variable benefits may continue to be paid, after the retired member’s death, to the retired member’s spouse if the spouse is a specified beneficiary in relation to the retired member and the spouse elects to continue receiving the variable benefits instead of requiring the balance remaining in the retired member’s variable benefit account to be paid in accordance with subsection (1) or (7). 2017, c. 8, Sched. 27, s. 8. Election (10) The spouse’s election under subsection (9) must be in the form approved by the Chief Executive Officer and must be delivered to the administrator within the prescribed period after the retired member’s death. 2017, c. 8, Sched. 27, s. 8; 2018, c. 8, Sched. 23, s. 6 (1). Statement to spouse who is specified beneficiary (10.1) If a specified beneficiary elects under subsection (9) to continue receiving the variable benefits, the administrator shall give to the specified beneficiary, within the prescribed period, a written statement containing the prescribed information about the pension plan or about the retired member’s variable benefit account. 2017, c. 34, Sched. 33, s. 15. Information (11) It is the responsibility of the person entitled to the payment to provide to the administrator the information needed to make the payment. 2017, c. 8, Sched. 27, s. 8. Discharge of administrator (12) In the absence of actual notice to the contrary, when the administrator makes one of the following payments in accordance with the information provided by the relevant person, the administrator is discharged in respect of the particular payment: 1.  A lump sum payment to the person who is the retired member’s spouse on the date of death, in accordance with subsection (1). 2.  A lump sum payment to the designated beneficiary, in accordance with subsection (5). 3.  A lump sum payment to the retired member’s personal representative, in accordance with subsection (6). 2017, c. 8, Sched. 27, s. 8. Restriction on entitlement (13) An entitlement to a benefit under this section is subject to any right to or interest in the benefit set out in an order made under Part I (Family Property) of the Family Law Act, a family arbitration award or a domestic contract. 2017, c. 8, Sched. 27, s. 8. Waiver (14) The spouse of a retired member may waive the spouse’s entitlement under subsection (1) by delivering a written waiver, in the form approved by the Chief Executive Officer, to the administrator. 2017, c. 8, Sched. 27, s. 8; 2018, c. 8, Sched. 23, s. 6 (2). Cancellation of waiver (15) A spouse who has delivered a waiver may cancel it by delivering a written and signed notice of cancellation to the administrator before the date of death of the retired member. 2017, c. 8, Sched. 27, s. 8. Effect of waiver (16) If a waiver is in effect on the date of death of the retired member, subsections (5) and (6) apply as if the retired member does not have a spouse on the date of death. 2017, c. 8, Sched. 27, s. 8. Definition (17) In this section, “personal representative” has the same meaning as in the Estates Administration Act. 2017, c. 8, Sched. 27, s. 8. Section Amendments with date in force (d/m/y) 2017, c. 8, Sched. 27, s. 8 – 01/01/2020; 2017, c. 34, Sched. 33, s. 15 - 01/01/2020 2018, c. 8, Sched. 23, s. 6 (1, 2) - 08/06/2019