48 (1) If a member who is entitled under the pension plan to a deferred pension described in section 37 dies before payment of the first instalment is due, or if a former member or retired member dies before payment of the first instalment of his or her deferred pension or pension is due, the person who is his or her spouse on the date of death is entitled, (a)  to receive a lump sum payment equal to the commuted value of the deferred pension; (b)  to require the administrator to pay an amount equal to the commuted value of the deferred pension into a registered retirement savings arrangement; or (c)  to receive an immediate or deferred pension, the commuted value of which is at least equal to the commuted value of the deferred pension.  R.S.O. 1990, c. P.8, s. 48 (1); 1999, c. 6, s. 53 (10); 2005, c. 5, s. 56 (14); 2010, c. 9, s. 33 (1, 2). Same (2) If a member of a pension plan continues in employment after the normal retirement date under the pension plan and dies before payment of pension benefits referred to in section 37 begins, the person who is the spouse of the member on the date of death is entitled, (a)  to receive a lump sum payment equal to the commuted value of the pension benefits; (b)  to require the administrator to pay an amount equal to the commuted value of the pension benefits into a registered retirement savings arrangement; or (c)  to receive an immediate or deferred pension, the commuted value of which is at least equal to the commuted value of the pension benefits.  2010, c. 9, s. 33 (3). Interpretation re “spouse” (3) If, on the date of death, a member, former member or retired member has a spouse described in clause (a) of the definition of “spouse” in subsection 1 (1) from whom the member, former member or retired member is living separate and apart, that spouse does not have an entitlement under subsection (1) or (2). 2014, c. 7, Sched. 26, s. 5 (1). Same (3.1) If, on the date of death, a member, former member or 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 member, former member or retired member is living separate and apart, the spouse described in clause (b) of the definition has an entitlement under subsection (1) or (2). 2014, c. 7, Sched. 26, s. 5 (1). Same, entitlement as beneficiary or personal representative (3.2) Subsection (3) does not prevent a spouse from having an entitlement as a designated beneficiary under subsection (6) or as a personal representative under subsection (7). 2014, c. 7, Sched. 26, s. 5 (1). Application (3.3) For greater certainty, subsections (3), (3.1) and (3.2) apply if the member, former member or retired member dies on or after the day subsection 5 (1) of Schedule 26 to the Building Opportunity and Securing Our Future Act (Budget Measures), 2014 comes into force. 2014, c. 7, Sched. 26, s. 5 (1). Direction (4) A spouse may exercise his or her entitlement under subsection (1) or (2) by delivering a direction to the administrator within the prescribed period and, if the spouse does not do so, the spouse is deemed to have elected to receive an immediate pension.  2010, c. 9, s. 33 (5). Calculation of benefit (5) For the purposes of this section, the deferred pension or pension benefits to which a member is entitled if the member dies while employed shall be calculated as if the member’s employment were terminated immediately before the member’s death.  R.S.O. 1990, c. P.8, s. 48 (5). Designated beneficiary (6) A member, former member or retired member described in subsection (1) may designate a beneficiary and the beneficiary is entitled to be paid an amount equal to the commuted value of the deferred pension or pension benefits mentioned in subsection (1) or (2) unless on the date of death the member, former member or retired member has a spouse who has an entitlement under subsection (1) or (2). 2014, c. 7, Sched. 26, s. 5 (2). Estate entitlement (7) The personal representative of a member, former member or retired member described in subsection (1) is entitled to receive payment of the commuted value mentioned in subsection (1) or (2) as the property of the member, former member or retired member unless, (a)  on the date of death, the member, former member or retired member has a spouse who has an entitlement under subsection (1) or (2); or (b)  the member, former member or retired member has designated a beneficiary who has an entitlement under subsection (6). 2014, c. 7, Sched. 26, s. 5 (2). Dependent children (8) If the pension plan provides for payment of pension benefits to or for a dependent child or dependent children of the member, former member or retired member upon the death of the member, former member or retired member, (a)  the commuted value of the payments in respect of employment after December 31, 1986 may be deducted from the entitlement of a beneficiary designated under subsection (6) or of a personal representative under subsection (7); and (b)  the commuted value of the payments in respect of employment before January 1, 1987 may be deducted from the entitlement in subsection (8.1) of a beneficiary designated under subsection (6) or of a personal representative under subsection (7).  2011, c. 9, Sched. 35, s. 4 (1). Additional entitlement (8.1) A spouse who has an entitlement under subsection (1) or (2), a designated beneficiary who has an entitlement under subsection (6) or a personal representative who has an entitlement under subsection (7) is entitled to a lump sum payment from the pension fund equal to the amount of any contributions that the member or former member was required to make under the pension plan in respect of employment before January 1, 1987, plus interest credited to the contributions.  2010, c. 9, s. 33 (7). Spouse’s right to transfer additional entitlement (8.2) A spouse entitled to a lump sum payment under subsection (8.1) may require the administrator to pay the lump sum into a registered retirement savings arrangement and may exercise this entitlement by delivering a direction to the administrator within the prescribed period.  2010, c. 9, s. 33 (7). Payments into registered retirement savings arrangements (8.3) Section 50.1 applies with respect to any payment into a registered retirement savings arrangement.  2010, c. 9, s. 33 (7). Limitation on all payments (8.4) The entitlements under this section are subject to the prescribed limitations in respect of the transfer of funds from pension funds.  2010, c. 9, s. 33 (7). Information (9) It is the responsibility of the person entitled to the payment to provide to the administrator the information needed to make the payment.  R.S.O. 1990, c. P.8, s. 48 (9). Discharge of administrator (10) In the absence of actual notice to the contrary, the administrator is discharged on making payment in accordance with the information provided by the person.  R.S.O. 1990, c. P.8, s. 48 (10). Discharge, payments prior to October 31, 2012 (10.1) An administrator who made a payment under subsection (1) or (2) before October 31, 2012 is deemed to have been discharged on making the payment if all of the following circumstances exist: 1.  On the date of death, the member, former member or retired member had 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 member, former member or retired member was living separate and apart. 2.  The payment was made to the spouse described in clause (b) of the definition of “spouse” in subsection 1 (1). 3.  The payment otherwise complied with the requirements under this Act and the regulations. 2014, c. 7, Sched. 26, s. 5 (3). Claims (10.2) If, before October 31, 2012, an administrator made a payment under subsection (1) or (2) and the circumstances set out in subsection (10.1) existed, no person has a claim against the administrator or against the recipient of the payment in respect of the payment. 2014, c. 7, Sched. 26, s. 5 (3). Offset (11) A pension plan may provide for reduction of an amount to which a person is entitled under this section to offset any part of a prescribed additional benefit that is attributable to an amount paid by an employer, subject to the following: 1.  The reduction shall be calculated in the prescribed manner. 2.  The reduction shall not exceed the prescribed limits.  R.S.O. 1990, c. P.8, s. 48 (11). Discharge of entitlement (12) Payment in accordance with this section replaces the entitlement of a member, former member or retired member in respect of a deferred pension mentioned in section 37.  R.S.O. 1990, c. P.8, s. 48 (12); 2010, c. 9, s. 33 (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.  2009, c. 11, s. 44. Waiver (14) The spouse of a member or former member may waive the spouse’s entitlement under subsection (1) or (2) by delivering a written waiver, in the form approved by the Chief Executive Officer, to the administrator of the pension plan.  1999, c. 15, s. 8; 2005, c. 5, s. 56 (20); 2018, c. 8, Sched. 23, s. 23. Cancellation of waiver (14.1) 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 member or former member.  1999, c. 15, s. 8; 2005, c. 5, s. 56 (21). Effect of waiver (14.2) If a waiver is in effect on the date of death of the member or former member, subsections (6) and (7) apply as if the member or former member does not have a spouse on the date of death.  1999, c. 15, s. 8; 2005, c. 5, s. 56 (22). Definition (15) In this section, “personal representative” has the same meaning as in the Estates Administration Act.  R.S.O. 1990, c. P.8, s. 48 (15). Section Amendments with date in force (d/m/y) 1999, c. 6, s. 53 (10-15) - 01/03/2000; 1999, c. 15, s. 8 - 03/03/2000 2005, c. 5, s. 56 (14-22) - 13/06/2005 2009, c. 11, s. 44 - 01/01/2012 2010, c. 9, s. 33 (1-4, 6-8) - 01/07/2012;
2010, c. 9, s. 33 (5) - 18/05/2010 2011, c. 9, Sched. 35, s. 4 (1) - 01/07/2012; 2011, c. 9, Sched. 35, s. 4 (2) - 12/05/2011 2014, c. 7, Sched. 26, s. 5 (1-3)
- 24/07/2014 2018, c. 8, Sched. 23, s. 23 - 08/06/2019