Provision for Officers' Survivors and Children

Pension to survivors and compassio-
nate allowance to children

25. (1) Subject to the provisions hereinafter contained, the Minister may, as to him or her seems fit, grant a pension to the survivor and a compassionate allowance to each of the children of any officer who, at the time of death being on full pay, dies after a period at which a pension might be granted him, or who was, at the time of his death, in receipt of a pension.

If two survivors

(2) If the Minister grants a pension to two survivors, the total amount of the pension shall be apportioned between the two survivors in accordance with subsection 32(3).

210. Paragraphs 26(d) and (e) of the Act are replaced by the following:

    (d) if the survivor began to cohabit with the officer in a relationship of a conjugal nature, or married, the officer after the officer retired ;

    (e) if, at the time the survivor began to cohabit with the officer in a relationship of a conjugal nature, or married the officer, the officer had attained the age of sixty years; or

211. Section 27 of the Act is replaced by the following:

Pension one- half of officer's pension

27. The pension of a person who was married to an officer shall, if the officer was at the time of his death on full pay, be an amount equal to one-half of the pension to which he would have been entitled if he had been retired compulsorily immediately before his death, or, if at the time of his death he had been pensioned, an amount equal to one-half of the pension.

212. Subsection 28(2) of the Act is replaced by the following:

If no pension to survivor

(2) If no pension is payable to a survivor under this Act , the allowance shall be double that fixed by subsection (1) .

213. Section 29 of the Act is replaced by the following:

Amount to family limited

29. The total amount paid to the survivor and children of an officer during any year shall not exceed the amount of the pension that the officer was in receipt of, or to which he would have been entitled, as the case may be.

1992, c. 46, s. 86

214. Section 32 of the Act is replaced by the following:

Person considered to be the survivor

32. (1) For the purposes of this Act, when a person establishes that he or she was cohabiting in a relationship of a conjugal nature with an officer or former officer for at least one year immediately before the death of the officer or former officer, the person is considered to be the survivor of the officer or former officer .

Person considered to be married

(2) For the purposes of this Act, when an officer or former officer dies and, at the time of death, the officer or former officer was married to a person with whom he or she had been cohabiting in a relationship of a conjugal nature for a period immediately before the marriage, that person is considered to have become married to the officer or former officer on the day established as being the day on which the relationship began.

Apportion-
ment of pension when two survivors

(3) When a pension is payable to a survivor and there are two survivors of the officer or former officer, the total amount of the annual allowance shall, subject to subsection (4), be apportioned so that

    (a) the survivor referred to in paragraph (a) of the definition ``survivor'' in subsection 2(1) is entitled to receive the proportion of the pension that the total of the number of years that he or she cohabited with the officer or former officer while married to the officer or former officer and the number of years that he or she cohabited with the officer or former officer in a relationship of a conjugal nature bears to the total number of years that the officer or former officer so cohabited with the survivors; and

    (b) the survivor referred to in paragraph (b) of that definition is entitled to receive the proportion of the pension that the number of years that he or she cohabited with the officer or former officer in a relationship of a conjugal nature bears to the total number of years that the officer or former officer cohabited with the survivors, either while married or while in a relationship of a conjugal nature.

Exception

(4) If one of the two survivors is found criminally responsible for the death of the officer or former officer or if, when the officer or former officer dies, it is established to the satisfaction of the Minister that one of the survivors cannot be found, the other survivor shall receive the first survivor's portion, in addition to his or her own portion.

Death of one of the survivors after apportion-
ment

(5) When one of the two survivors dies after apportionment, the portion of the pension that would have been payable to the survivor who died shall be paid to the remaining survivor in addition to his or her own portion.

215. Section 35.1 of the Act is amended by adding the following after subsection (2):

Garnishment, Attachment and Pension Diversion Act

(3) For the purposes of Part II of the Garnishment, Attachment and Pension Diversion Act, all survivors within the meaning of this Act are deemed to be included in the definition ``recipient'' in subsection 32(1) of that Act.

R.S.C. 1970, c. R-10; 1974-75-76, c. 81; 1976-77, c. 34; 1980-81-82-8 3, c. 100; 1989, c. 6; 1992, c. 46

Royal Canadian Mounted Police Pension Continuation Act

216. Subsection 2(1) of the Royal Canadian Mounted Police Pension Continuation Act is amended by adding the following in alphabetical order:

``child''
« enfant »

``child'' means a child or stepchild of - or an individual adopted either legally or in fact by - an officer or a former officer who at the time of the officer's or former officer's death was dependent on the officer or former officer for support;

``survivor''
« survivant »

``survivor'', in relation to an officer or a former officer, means

      (a) a person who was married to the officer or former officer at the time of the officer's or former officer's death, or

      (b) a person referred to in subsection 25.1(1).

217. Subsection 5(2) of the Act is replaced by the following:

Compensa-
tion to survivor or children

(2) When a person described in subsection (1) dies before he is granted compensation under that subsection, his survivor or, if there is no survivor , his children may be granted the compensation in respect of the period preceding his death that he was disabled, including medical and hospital expenses, that the Treasury Board may prescribe.

218. Section 18.1 of the Act is amended by adding the following after subsection (2):

Garnishment, Attachment and Pension Diversion Act

(3) For the purposes of Part II of the Garnishment, Attachment and Pension Diversion Act, all survivors within the meaning of this Act are deemed to be included in the definition ``recipient'' in subsection 32(1) of that Act.

219. Section 19 of the Act is replaced by the following:

Pension to survivor and allowances to children

19. (1) Subject to this Part, the Governor in Council may, as to him or her seems fit, grant a pension to the survivor and a compassionate allowance to each of the children of an officer who, having completed ten years of service, was at the time of his death a member of the Force, or who is at the time of his death in receipt of a pension.

If two survivors

(2) If the Minister grants a pension to two survivors, the total amount of the pension shall be apportioned between the two survivors in accordance with subsection 25.1(3).

220. Paragraphs 20(c) and (d) of the Act are replaced by the following:

    (c) if the survivor began to cohabit with the officer in a relationship of a conjugal nature, or married, the officer after the officer retired ;

    (d) if, at the time the survivor began to cohabit with the officer in a relationship of a conjugal nature or married the officer, the officer had attained the age of sixty years;

221. Section 23 of the Act is replaced by the following:

Amount to family limited

23. The total amount paid to the survivor and children of an officer during any year shall not exceed the amount of the pension of which the officer was in receipt, or to which he would have been entitled, as the case may be.

1992, c. 46, s. 95

222. Section 25.1 of the Act is replaced by the following:

Person considered to be the survivor

25.1 (1) For the purposes of this Act, when a person establishes that he or she was cohabiting in a relationship of a conjugal nature with an officer or former officer for at least one year immediately before the death of the officer or former officer, the person is considered to be the survivor of the officer or former officer .

Person considered to be married

(2) For the purposes of this Act, when an officer or former officer dies and, at the time of death, the officer or former officer was married to a person with whom the officer or former officer had been cohabiting in a relationship of a conjugal nature for a period immediately before the marriage, that person is considered to have become married to the officer or former officer on the day established as being the day on which the cohabitation began.

Apportion-
ment of pension when two survivors

(3) When a pension is payable to a survivor and there are two survivors of the officer or former officer, the total amount of the pension shall, subject to subsection (4), be apportioned so that

    (a) the survivor referred to in paragraph (a) of the definition ``survivor'' in subsection 2(1) is entitled to receive the proportion of the pension that the total of the number of years that he or she cohabited with the officer or former officer while married to the officer or former officer and the number of years that he or she cohabited with the officer or former officer in a relationship of a conjugal nature bears to the total number of years that the officer or former officer so cohabited with the survivors; and

    (b) the survivor referred to in paragraph (b) of that definition is entitled to receive the proportion of the pension that the number of years that he or she cohabited with the officer or former officer in a relationship of a conjugal nature bears to the total number of years that the officer or former officer cohabited with the survivors, either while married or while in a relationship of a conjugal nature.

Exception

(4) If one of the two survivors is found criminally responsible for the death of the officer or former officer or if, when the officer or former officer dies, it is established to the satisfaction of the Minister that one of the survivors cannot be found, the other survivor shall receive the first survivor's portion, in addition to his or her own portion.

Death of one of the survivors after apportion-
ment

(5) When one of the two survivors dies after apportionment, the portion of the pension that would have been payable to the survivor who died shall be paid to the remaining survivor in addition to his or her own portion.

223. Section 44.1 of the Act is amended by adding the following after subsection (2):

Garnishment, Attachment and Pension Diversion Act

(3) For the purposes of Part II of the Garnishment, Attachment and Pension Diversion Act, all survivors within the meaning of this Act are deemed to be included in the definition ``recipient'' in subsection 32(1) of that Act.

R.S., c. M-5; 1989, c. 6; 1992, c. 46; 1995, c. 30; 1998, c. 23

Members of Parliament Retiring Allowances Act

224. Subsection 2(1) of the Members of Parliament Retiring Allowances Act is amended by adding the following in alphabetical order:

``survivor''
« survivant »

``survivor'', in relation to a member or former member, means

      (a) a person who was married

        (i) in the case of a member or former member, to the member or former member immediately before his or her death, and

        (ii) in the case of a former member, to the former member immediately before the time when he or she ceased to be a member, or

      (b) a person who establishes that the person was cohabiting in a relationship of a conjugal nature

        (i) in the case of a member or former member, with the member or former member for at least one year immediately before his or her death, and

        (ii) in the case of a former member, with the former member before he or she ceased to be a member.

1995, c. 30, s. 4

225. (1) Paragraph 20(1)(a) of the Act is replaced by the following:

    (a) to the survivor , an allowance equal to three fifths of the basic retirement allowance, but, if two survivors are entitled to an allowance under this paragraph, the total amount of the allowances shall not exceed three fifths of the basic retirement allowance and that total amount shall be apportioned in accordance with subsection (1.1); and

1995, c. 30, s. 4

(2) Subsection 20(1.1) of the Act is replaced by the following:

Apportion-
ment

(1.1) For the purposes of paragraph (1)(a), the total amount shall be apportioned so that

    (a) the survivor referred to in paragraph (a) of the definition ``survivor'' in subsection 2(1) receives an amount, if any, equal to the total amount less any amount determined under paragraph (b); and

    (b) the survivor referred to in paragraph (b) of that definition receives an amount equal to that proportion of the total amount that the number of years that survivor cohabited with the member or former member while a member is of the number of years that the member or former member was a member.

1995, c. 30, s. 13

226. (1) Paragraph 40(1)(a) of the Act is replaced by the following:

    (a) to the survivor an allowance equal to three fifths of the basic compensation allowance, but, if more than one survivor is entitled to an allowance under this paragraph, the total amount of the allowances shall not exceed three fifths of the basic compensation allowance and that total amount shall be apportioned in accordance with subsection (1.1); and

1995, c. 30, s. 13

(2) Subsection 40(1.1) of the Act is replaced by the following:

Apportion-
ment

(1.1) For the purposes of paragraph (1)(a), the total amount shall be apportioned so that

    (a) the survivor referred to in paragraph (a) of the definition ``survivor'' in subsection 2(1) receives an amount, if any, equal to the total amount less any amount determined under paragraph (b); and

    (b) the survivor referred to in paragraph (b) of that definition receives an amount equal to that proportion of the total amount that the number of years that survivor cohabited with the member or former member while a member is of the number of years that the member or former member was a member.