14 (1) A contributor as defined in the Public Service Superannuation Act, being chapter 419 of the Revised Statutes of Ontario, 1980, (a) who is being paid an allowance or annuity under that Act; (b) who has no spouse entitled to a survivor allowance under section 20 of that Act; and (c) who becomes the spouse of a person who would not be entitled on the death of the contributor to a survivor allowance under section 20 of that Act, may in writing direct the Board to pay to the person, if he or she survives the death of the contributor, a survivor allowance under section 20 of that Act for life of 50 per cent, 55 per cent, 60 per cent, 65 per cent, 70 per cent or 75 per cent of the allowance or annuity received by the contributor immediately before his or her death.  R.S.O. 1990, c. P.48, s. 14 (1); 1999, c. 6, s. 57 (1); 2005, c. 5, s. 61 (1). Time limit (2) A direction mentioned in subsection (1) must be delivered to the Board, (a) within ninety days after the date on which the contributor became the spouse of the person to whom the survivor allowance is directed to be paid; or (b) if immediately before the person becomes the spouse of the contributor there is a child of the contributor who would be entitled on the contributor’s death to receive an allowance under the Public Service Superannuation Act, within ninety days after the date the child ceases to be entitled to receive the allowance.  R.S.O. 1990, c. P.48, s. 14 (2); 1999, c. 6, s. 57 (2); 2005, c. 5, s. 61 (2). Exception (3) The Board may accept a direction delivered after the time mentioned in subsection (2) if the Board is satisfied that the contributor is in good health having regard to his or her age.  R.S.O. 1990, c. P.48, s. 14 (3). Actuarial reduction of allowance (4) The annuity or allowance payable to a contributor who has given a direction in accordance with this section shall be actuarially reduced in a manner approved by the Board to reflect the survivor allowance directed to be paid and, subject to subsection (5), and to section 20 of the Public Service Superannuation Act, the survivor allowance shall be paid in the percentage specified in the direction to the spouse if he or she survives the death of the contributor.  R.S.O. 1990, c. P.48, s. 14 (4); 1999, c. 6, s. 57 (3); 2005, c. 5, s. 61 (3). Prior interest of child (5) A survivor allowance under this section shall not be paid while there is a child of the deceased contributor entitled to receive an allowance as a result of the death of the contributor.  R.S.O. 1990, c. P.48, s. 14 (5). Refund when no survivor allowance payable (6) If a contributor who is in receipt of an allowance or annuity dies survived by a child or children under eighteen years of age or by a spouse from whom the contributor is not living separate and apart, and if none of them is entitled to a survivor allowance under section 20 of the Public Service Superannuation Act, this section or that Act as a result of the death of the contributor, the amount, if any, by which twice the total of contributions made under the Public Service Superannuation Act to the Public Service Superannuation Fund by or on behalf of the contributor and of the interest credited in that Fund to the contributor exceeds the total payments made from the Fund and the Public Service Superannuation Fund to the contributor shall be paid from the Fund to the surviving spouse, or if there is no surviving spouse, to the child or children, if any, of the contributor under eighteen years of age at the contributor’s death.  R.S.O. 1990, c. P.48, s. 14 (6); 1999, c. 6, s. 57 (4); 2005, c. 5, s. 61 (4). Definition (7)  Subject to subsection (8), in this section, “spouse” has the same meaning as in the Pension Benefits Act.  2005, c. 5, s. 61 (5). Same (8) In clause (1) (b), “spouse” means a person who, if predeceased by the contributor, would be a widow or widower within the meaning of the Public Service Superannuation Act.  1999, c. 6, s. 57 (5). Section Amendments with date in force (d/m/y) 1999, c. 6, s. 57 (1-5) - 01/03/2000 2005, c. 5, s. 61 (1-5)
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