Document ID: chunk:federal_register_of_legislation:C2022C00288:section:57:p2
Version: federal_register_of_legislation:C2022C00288
Segment Type: section
Provision Reference: s 57 (pt 2/3)
Character Range: 61075–63531

married member who was a contributor and died before retirement.
 (3A) If:
 (a) a male person who is entitled to invalidity benefit dies and, at the time of his death, he was classified as Class C under subsection 51(2) as a result of a reclassification under section 53 but was not entitled to a pension; and
 (b) CSC is satisfied that his death was due to:
 (i) a physical or mental impairment that was the cause, or one of the causes, of the invalidity or the physical or mental incapacity by reason of which the member was retired; or
 (ii) a physical or mental impairment causally connected with a physical or mental impairment referred to in subparagraph (i);
pension is payable to his widow at the rate or rates at which, under section 55, pension is payable to the widow of a married member who was a contributor and died before retirement.
 (3B) In spite of subsections (1), (2), (3) and (3A), if, on any of the 7 pay‑days immediately following the death of a male pensioner, the rate at which pension would, apart from this subsection, be payable to his widow is less than the rate (in this subsection called the putative rate) at which the pension payable to him immediately before his death would be payable to him on that day if he had not died, the widow is entitled to a pension payable at a rate equal to the putative rate.
 (4) Subject to subsection (5), on the death of a widow to whom this section applies, there shall be payable in respect of each child of the widow who is an eligible child (other than a child born after the death of the pensioner unless the child is also the child of the pensioner), and in respect of each child of the male pensioner who is an eligible child, a pension at the rate of $5,000 per annum, as indexed in accordance with subsection 84C(2), and an additional pension at a rate equal to one‑eighth of the rate at which pension payable under paragraph (1)(a), or under subsection (3), as the case may be would, but for her death, have been payable to the widow.
 (5) Where the number of children in respect of whom pensions are payable under subsection (4) because of the widow's death is such that the sum of the rates of all the pensions exceeds a rate equal to 1⅗ of the rate at which pension payable under paragraph (1)(a) or subsection (3), as the case requires, would, but for her death, have been payable to her, then, while that position exists, there is payable in respect of each of the children,