40. (1) In this section and section 43, “dependent child” means, in respect of an eligible person, (a)  an unmarried child who has not attained the age of 21 years, (b)  an unmarried child who has not attained the age of 26 years and who is in full-time attendance at an educational institution or on vacation from it, or (c)  a child who is 21 or more years of age and is mentally or physically infirm and dependent on the eligible person.  O. Reg. 201/05, s. 2. (2) In this section and sections 42 and 43, “eligible dependant” means, in respect of an eligible person, (a)  the spouse of the eligible person, if the spouse would have been entitled to receive a benefit if the eligible person had continued holding the office in respect of which the pension is paid to the eligible person, (b)  a dependent child of the eligible person, if the dependent child would have been entitled to receive a benefit if the eligible person had continued holding the office in respect of which the pension is paid to the eligible person, (c)  the surviving spouse of the eligible person, if the eligible person is deceased and the surviving spouse is entitled to receive a pension as a result of the death of the eligible person, or (d)  a child of the eligible person, if the eligible person is deceased and the child is entitled to receive a pension as a result of the death of the eligible person.  O. Reg. 201/05, s. 2. (3) In this section and sections 41, 42 and 43, “eligible person” means any of the following persons: 1.  A person who begins to receive a pension before April 1, 2020 and whose last contribution to a fund from which the pension is paid, or the last contribution made on his or her behalf to a fund from which the pension is paid, was made while the person was holding the office of justice of the peace, if the person, i.  has at least 10 years of credit in the pension plan governing the fund referred to in clause (a) of the definition of “pension” in subsection (5), or a combined total of at least 10 years of credit in the pension plans, or ii.  contributed or had contributions made on his or her behalf to the fund or funds from which the pension is paid in respect of continuous service of at least 10 years, and has credit in the corresponding pension plan or plans for some part of each of those 10 years. 2.  A person who is appointed to office as a justice of the peace before April 1, 2020, who begins to receive a pension on or after that date, and whose last contribution to a fund from which the pension is paid, or the last contribution made on his or her behalf to a fund from which the pension is paid, was made while the person was holding the office of justice of the peace, if the person, i.  meets the requirements of subparagraph 1 i or ii, and, if those requirements are met on or after April 1, 2020, begins receiving an immediate unreduced pension upon retiring as a justice of the peace, and ii.  has elected to receive benefits under section 39. 3.  A person who is receiving a pension that is a deferred pension which the person elected to receive on terminating membership in the pension plan governing the fund referred to in clause (a) of the definition of “pension” in subsection (5) in 1988 or 1989. 4.  A person who is receiving a pension that is paid in respect of the person having held the office of justice of the peace or in respect of having held the office of justice of the peace and having been an employee and the person, i.  first held the office or was first employed in the period commencing January 1, 1987 and ending November 3, 1989 (excluding any period for which credit was purchased for past service), and ii.  had attained 55 years of age when he or she first held the office or was first employed. O. Reg. 11/19, s. 27. (3.1) Revoked: O. Reg. 11/19, s. 27. (4) In sections 42 and 43, “eligible recipient” means an eligible person or an eligible dependant of an eligible person.  O. Reg. 201/05, s. 2. (5) In this section and sections 41, 42 and 43, “pension” means a pension paid from one or both of, (a)  the Public Service Pension Fund or a pension fund established by statute to continue that Fund, and (b)  any pension fund established within the Consolidated Revenue Fund for the purpose of providing supplementary pension benefits to justices of the peace; (“pension”) “pension plan” means a plan governing a fund referred to in the definition of “pension”. (“régime de retraite”) O. Reg. 201/05, s. 2; O. Reg. 233/09, s. 18 (3, 4); O. Reg. 56/16, s. 13 (5).