Pensions to Surviving Spouses or Children
15. (1) A pension is payable under this section on the death of a member before the commencement of his or her pension, (a) to the surviving spouse, if the member and the surviving spouse were not living separate and apart on the date of the member’s death; 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. 3 (1); O. Reg. 340/05, s. 3 (2). (2) The annual amount of pension payable under this section, (a) to a surviving spouse shall not exceed the annual amount of pension calculated under section 13 and is the sum of, (i) two-thirds of the annual amount of pension calculated under section 13, and (ii) in respect of each dependent child of the member during his or her dependent child benefit period, one-tenth of the annual amount of pension calculated under section 13; or (b) to a dependent child is, (i) 662/3  per cent of the annual amount of pension calculated under section 13, or (ii) if the surviving spouse was receiving a pension immediately before her or his death, the amount of that pension excluding any adjustment in respect of a dependent child of the member, divided by the number of dependent children of the member who remain in their dependent child benefit periods. O. Reg. 775/91, s. 13; O. Reg. 422/97, s. 3; O. Reg. 317/99, s. 4 (1); O. Reg. 75/00, s. 3 (2, 3); O. Reg. 340/05, s. 3 (3, 4). (3) 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. 13. (4) For the purposes of this section, the minimum value of a member’s pension earned to the date of the member’s death is the sum of, (a) the contributions made by the member before the 1st day of January, 1987 under this Regulation, exclusive of contributions referred to in subsections 12 (6), 26 (14) and 26 (16), plus interest; and (b) the commuted value of the member’s pension in respect of credited service of the member earned on or after the 1st day of January, 1987, less the sum of any benefits paid to or in respect of a member under this Regulation, exclusive of benefits under subsections 12 (6) and 26 (14) and (16) and payments under subsections 19 (2) and (2.1). O. Reg. 775/91, s. 13; O. Reg. 317/99, s. 4 (2). (5) If the commuted value of the pension payable on the death of a member under this section is less than the minimum value of the member’s pension as determined in subsection (4), the pension payable is increased accordingly. O. Reg. 775/91, s. 13. (6) A surviving spouse eligible for a pension under subsection (1) may elect to receive, instead of that pension, a refund of an amount equal to the minimum value of the member’s pension. O. Reg. 775/91, s. 13; O. Reg. 75/00, s. 3 (4); O. Reg. 340/05, s. 3 (5). (7) A surviving spouse may elect to receive, instead of a refund under subsection (6), a deferred pension, the commuted value of which shall equal the amount of the refund, payable for life commencing the first day of the month following the month she or he attains the age of, (a) sixty-five if the normal retirement age of the member was sixty-five years; or (b) sixty if the normal retirement age of the member was sixty years. O. Reg. 775/91, s. 13; O. Reg. 75/00, s. 3 (5); O. Reg. 340/05, s. 3 (6). (8) If, at the date of death of a member, there is no surviving spouse or child of the member eligible for a pension under this section, the member’s designated beneficiary, or estate if there is no designated beneficiary, is entitled to a refund of an amount equal to the minimum value of the member’s pension. O. Reg. 775/91, s. 13; O. Reg. 75/00, s. 3 (6); O. Reg. 340/05, s. 3 (7). (9) If, at the date of death of a member, there is no surviving spouse eligible for a pension under this section but there is a child or children of the member so eligible, the member’s designated beneficiary, or estate if there is no designated beneficiary, is entitled to a refund of an amount equal to the commuted value of the member’s pension in respect of credited service the member earned on or after the 1st day of January, 1987 less the commuted value of the pension payable to the member’s child or children under this section. O. Reg. 775/91, s. 13; O. Reg. 75/00, s. 3 (7); O. Reg. 340/05, s. 3 (8). (10) If no pension is payable to surviving spouse or children of a deceased member under this section, 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 death, less the amount of any benefits that have been paid to or in respect of the member. O. Reg. 775/91, s. 13; O. Reg. 75/00, s. 3 (8); O. Reg. 340/05, s. 3 (9).