Pre-Retirement Death Benefits
 6. (1) This section provides for the payment of a pre-retirement death benefit for the surviving spouse, the surviving dependent children or the surviving dependants, if any, of a worker for whom the Board has set aside amounts under subsection 45 (2) of the Act if that worker dies before beginning to receive a retirement benefit.  O. Reg. 562/99, s. 6 (1); O. Reg. 562/99, s. 8 (4); O. Reg. 338/05, s. 4 (1). (2) In this section, “survivor account balance”, with respect to a worker, means the sum of, (a)   the amounts set aside by the Board under subsection 45 (2) of the Act on behalf of the worker, and (b) the accumulated investment income on those amounts.  O. Reg. 562/99, s. 6 (2). (3) A pre-retirement death benefit payable under this section shall be equal in value to the survivor account balance.  O. Reg. 562/99, s. 6 (3). (4) The 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. 6 (4); O. Reg. 562/99, s. 8 (5); O. Reg. 338/05, s. 4 (2). (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 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. 6 (5); O. Reg. 562/99, s. 8 (5); O. Reg. 338/05, s. 4 (3). (6) If no person is entitled to a benefit under subsection (4) or (5), the 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. 6 (6). (6.1) If no person is entitled to receive the 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 his or her estate.  O. Reg. 72/03, s. 1. (6.2) Subsection (6.1) is effective as of January 1, 1998.  O. Reg. 72/03, s. 1. (7) A 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 (8).  O. Reg. 562/99, s. 6 (7); O. Reg. 562/99, s. 8 (5); O. Reg. 338/05, s. 4 (4). (8) 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 pre-retirement death benefit paid as a life annuity with return of survivor account balance with the following terms: 1. The commuted value of the life annuity shall be equal to the 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 survivor account balance, a lump sum equal to the difference between the total amount paid to the spouse and the survivor account balance shall be paid to the estate of the spouse.  O. Reg. 562/99, s. 8 (6); O. Reg. 338/05, s. 4 (5). (9) To be effective, an election under subsection (8) 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 (8).  O. Reg. 562/99, s. 6 (9); O. Reg. 562/99, s. 8 (7); O. Reg. 338/05, s. 4 (6).