Pensions to Surviving Spouses or Children
15.1 (1) A pension is payable under this section on the death of a member after the commencement of his or her pension, (a) to the surviving spouse of the member; or (b) to each dependent child of the deceased member, (i) if, at the death of the member, there is no surviving spouse entitled to receive a pension under this section, (ii) if the surviving spouse is not entitled to receive or to continue to receive a pension under this section by virtue of subsection 15.2 (9), or (iii) if the surviving spouse who was entitled to a pension under this section has died. O. Reg. 75/00, s. 4 (1); O. Reg. 340/05, s. 4 (1). (2) The annual amount of pension payable to a surviving spouse shall not exceed the annual amount of pension the member was receiving immediately before death and is the sum of, (a) two-thirds of the annual amount of pension the member was receiving immediately before death and for the purposes of this calculation in the case of a member who retired before January 1, 1978 on an early retirement pension and who died on or after that day, the amount of the member’s pension is increased to the amount it would have been but for early retirement; and (b) in respect of each dependent child of the member during his or her dependent child benefit period, one-tenth of the member’s annual amount of pension described in clause (a). O. Reg. 317/99, s. 5; O. Reg. 75/00, s. 4 (2); O. Reg. 340/05, s. 4 (2). (3) The annual amount of pension payable to a dependent child is, (a) 662/3 per cent of the annual amount of the pension the member was receiving immediately before death occurred, but in the case of a member who retired before the 1st day of January, 1978 on an early retirement pension and who died on or after that day, increased to the amount it would have been if it had not been reduced for early retirement; or (b) if the surviving spouse was receiving a pension immediately before his or her death, the pension the surviving spouse was receiving excluding any adjustment in respect of a dependent child of the member, divided by the number of dependent children of the member who continue in their dependent child benefit periods. O. Reg. 775/91, s. 14; O. Reg. 422/97, s. 4 (2); O. Reg. 75/00, s. 4 (3); O. Reg. 340/05, s. 4 (3). (4) Every calculation of a member’s pension under this section shall be on the basis that the member was entitled to a pension under the Canada Pension Plan at the time of the member’s death. O. Reg. 775/91, s. 14. (5) If, under this section, no pension is payable to a surviving spouse or child of a deceased member, the member’s designated beneficiary, or estate if there is no designated beneficiary, is entitled to a refund of the contributions to the credit of the member, plus interest to the date of the member’s retirement, less the amount of any benefits that have been paid to or in respect of the member. O. Reg. 775/91, s. 14; O. Reg. 75/00, s. 4 (4); O. Reg. 340/05, s. 4 (4). (6) Subsection (1) applies in respect of spousal relationships in which the former member and his or her spouse became spouses before the date on which this section came into force, upon application to the Board by any eligible surviving spouse. O. Reg. 340/05, s. 4 (5). (7) The pension payable to an eligible surviving spouse shall be calculated as if subsection (1) had been in effect on the date of death of the former member. O. Reg. 340/05, s. 4 (5). (8) Any pension payable to an eligible surviving spouse shall be reduced by an amount equal to any other benefit paid to that person under this Regulation in respect of the member. O. Reg. 75/00, s. 4 (5); O. Reg. 340/05, s. 4 (6). (9) If a pension became payable under this section to a former spouse or a child of a former member before this section came into force, the spouse or child shall, if otherwise entitled to receive the pension, continue to be so entitled even though an eligible surviving spouse has commenced receiving a pension under subsection (6). O. Reg. 775/91, s. 14; O. Reg. 340/05, s. 4 (7).