44 (1) Every pension paid under a pension plan to a retired member who has a spouse on the date that the payment of the first instalment of the pension is due shall be a joint and survivor pension.  R.S.O. 1990, c. P.8, s. 44 (1); 1999, c. 6, s. 53 (5); 2005, c. 5, s. 56 (9); 2010, c. 9, s. 30 (1). Interpretation re “spouse” (1.1) If, on the date that the payment of the first instalment of the pension is due, 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 person is not a spouse for the purposes of subsection (1). 2014, c. 7, Sched. 26, s. 4 (1). Same (1.2) If, on the date that the payment of the first instalment of the pension is due, 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 is the spouse for the purposes of subsection (1). 2014, c. 7, Sched. 26, s. 4 (1). Commuted value (2) The commuted value of a joint and survivor pension under subsection (1) shall not be less than the commuted value of the pension that would be payable under the pension plan to the retired member.  R.S.O. 1990, c. P.8, s. 44 (2); 2010, c. 9, s. 30 (2). Amount of survivor benefit (3) Upon the death of the retired member, the pension payable to his or her surviving spouse shall not be less than 60 per cent of the pension paid to the retired member during their joint lives.  2010, c. 9, s. 30 (3). Same (3.1) If the spouse of the retired member dies before the retired member, the pension payable to the retired member after the spouse’s death shall not be less than 60 per cent of the pension paid to the retired member during their joint lives.  2012, c. 8, Sched. 44, s. 2 (1). Application of subss. (1-3.1) (4) Subsections (1) to (3.1) do not apply in respect of a pension benefit if payment of the pension commenced before January 1, 1988. 2014, c. 7, Sched. 26, s. 4 (2). Deferred life annuity (5) Where, (a)  prior to the 1st day of January, 1988, a deferred life annuity has been purchased from an insurance company for a person entitled to a deferred pension under the Pension Benefits Act, being chapter 373 of the Revised Statutes of Ontario, 1980; (b)  payments have not commenced under the annuity on the 1st day of January, 1988; and (c)  the recipient of the payments has a spouse on the date payments commence, the annuity shall be paid as a joint and survivor pension in accordance with the requirements of this section and the insurance company shall make payments accordingly.  R.S.O. 1990, c. P.8, s. 44 (5); 1999, c. 6, s. 53 (8); 2005, c. 5, s. 56 (12). Application of ss. 45, 46 (6) For the purposes of subsection (5), the insurance company shall be deemed to be the administrator under sections 45 and 46.  R.S.O. 1990, c. P.8, s. 44 (6). Lump sum payment, small amounts (7) A pension plan may provide for payment, upon the death of a retired member, of the commuted value of the survivor benefit to a person who is entitled to the survivor benefit if, at the date of death, (a)  the annual benefit payable is not more than 4 per cent of the Year’s Maximum Pensionable Earnings; or (b)  the commuted value of the benefit is less than 20 per cent of the Year’s Maximum Pensionable Earnings.  2010, c. 9, s. 30 (5); 2012, c. 8, Sched. 44, s. 2 (3). Same (7.1) However, if the first instalment of the retired member’s pension is due before the date on which subsection (7) comes into force, subsection (7) does not apply unless the person entitled to the survivor benefit upon the retired member’s death consents in writing to the payment of the commuted value of the survivor benefit.  2012, c. 8, Sched. 44, s. 2 (4). Right to transfer lump sum (8) The person to whom the payment under subsection (7) is to be made may require the administrator to pay the commuted value into a registered retirement savings arrangement and the person may exercise this entitlement by delivering a direction to the administrator within the prescribed period.  2010, c. 9, s. 30 (5). Same (9) Section 50.1 applies with respect to the payment into the registered retirement savings arrangement.  2010, c. 9, s. 30 (5). Discharge (10) An administrator who commenced payment of a pension under this section before the day on which subsection (1.2) comes into force is deemed to have been discharged on making the payment if all of the following circumstances exist: 1.  On the date that the payment of the first instalment of the pension was due, the 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 retired member was living separate and apart. 2.  The spouse described in clause (b) of the definition of “spouse” in subsection 1 (1) was the retired member’s spouse for the purposes of determining that the pension is a joint and survivor pension under subsection (1). 3.  The pension benefit was paid or continues to be paid to the retired member or to the spouse described in clause (b) of the definition of “spouse” in subsection 1 (1). 4.  The payment otherwise complied with the requirements under this Act and the regulations. 2014, c. 7, Sched. 26, s. 4 (3). Claims (11) If, before the day on which subsection (1.2) comes into force, an administrator made a payment of a pension as a joint and survivor pension and the circumstances set out in subsection (10) 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. 4 (3). Section Amendments with date in force (d/m/y) 1999, c. 6, s. 53 (5-8) - 01/03/2000 2005, c. 5, s. 56 (9-12) - 13/06/2005 2010, c. 9, s. 30 (1-5) - 01/07/2012 2012, c. 8, Sched. 44, s. 2 (1, 2, 4)
- 01/10/2012; 2012, c. 8, Sched. 44, s. 2 (3) - 20/06/2012 2014, c. 7, Sched. 26, s. 4 (1-3) - 24/07/2014