Pre-Retirement Death Benefits
 7. (1) This section provides for the payment of a supplementary pre-retirement death benefit with respect to a worker who elected to contribute additional amounts under subsection 45 (3) of the Act and dies before beginning to receive a retirement benefit.  O. Reg. 562/99, s. 7 (1). (2) In this section, “supplementary survivor account balance” means the sum of, (a)   the amounts contributed by the worker under subsection 45 (3) of the Act, and (b) the accumulated investment income on those amounts.  O. Reg. 562/99, s. 7 (2). (3) A supplementary pre-retirement death benefit payable under this section shall be equal in value to the supplementary survivor account balance.  O. Reg. 562/99, s. 7 (3). (4) The supplementary pre-retirement death benefit shall be paid to the worker’s surviving spouse if the worker was cohabiting with that spouse on the date of the worker’s death.  O. Reg. 562/99, s. 7 (4); O. Reg. 562/99, s. 8 (8); O. Reg. 338/05, s. 5 (1). (5) If no spouse is entitled to a benefit under subsection (4) and at least one dependent child of the worker survives the worker, the supplementary pre-retirement death benefit shall be paid in equal shares to each dependent child of the worker who survives the worker.  O. Reg. 562/99, s. 7 (5); O. Reg. 562/99, s. 8 (8); O. Reg. 338/05, s. 5 (2). (6) If no person is entitled to a benefit under subsection (4) or (5), the supplementary pre-retirement death benefit shall be paid in equal shares to each dependant of the worker who survives the worker.  O. Reg. 562/99, s. 7 (6). (7) If no person is entitled to receive the supplementary pre-retirement death benefit under subsection (4), (5) or (6), it shall be paid to the worker’s designated beneficiary, and, if the worker has not designated a beneficiary, to the worker’s estate.  O. Reg. 562/99, s. 7 (7). (8) A supplementary pre-retirement death benefit payable under this section shall be paid as a lump sum equal to the survivor account balance unless, (a) it is paid to the worker’s surviving spouse under subsection (4); and (b) the spouse makes an election under subsection (9).  O. Reg. 562/99, s. 7 (8); O. Reg. 562/99, s. 8 (8); O. Reg. 338/05, s. 5 (3). (9) If the annual benefit to which a spouse becomes entitled on the death of a worker is $1,142.20 or more, the spouse may elect to have the supplementary pre-retirement death benefit paid as a life annuity with return of supplementary survivor account balance, with the following terms: 1. The commuted value of the life annuity shall be equal to the supplementary survivor account balance. 2. It shall provide regular income payments to the spouse beginning after the death of the worker and continuing throughout the lifetime of the spouse. 3. If the spouse dies before receiving annuity payments totalling the supplementary survivor account balance, a lump sum equal to the difference between the total amount paid to the spouse and the supplementary survivor account balance shall be paid to the estate of the spouse.  O. Reg. 562/99, s. 8 (9); O. Reg. 338/05, s. 5 (4). (10) To be effective, an election under subsection (9) must be in writing, must be signed by the spouse and must be delivered to the Board within 90 days after the Board notifies the spouse of his or her right to make an election under subsection (9).  O. Reg. 562/99, s. 7 (10); O. Reg. 562/99, s. 8 (10); O. Reg. 338/05, s. 5 (5).