This enactment amends the Canadian Forces Superannuation Act, the Judges Act, the Members of Parliament Retiring Allowances Act, the Public Service Superannuation Act, the Royal Canadian Mounted Police Superannuation Act, the Pension Bene­fits Standards Act, 1985 and the Pooled Registered Pension Plans Act to allow the survivor of an eligible person to receive pension benefits after the death of the person even if the person and the survivor married or began cohabiting in a conjugal relationship after the person attained the age of 60 years or retired.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

• (b) in the case of each child, an immediate annual allowance equal to one-fifth of the basic allowance or, if the contributor died without leaving a survivor, the survivor is dead or the survivor is not entitled to receive an allowance under this Part, two-fifths of the basic allowance.

Total child allowance

(2) The total amount of the allowances paid under paragraph (1)‍(b) shall not exceed four-fifths of the basic allowance or, if the contributor died without leaving a survivor, the survivor is dead or the survivor is not entitled to receive an allowance under this Part, eight-fifths of the basic allowance.

Diversion of payments to satisfy financial support order

52 (1) If a court in Canada of competent jurisdiction has made an order requiring a recipient of an annuity or other amount payable under section 42, 43, 43.‍1, 44 or 44.‍1 or subsection 51(1) to pay financial support, amounts so payable to the recipient are subject to being diverted to the person named in the order in accordance with Part II of the Garnishment, Attachment and Pension Diversion Act.

• (a) a person who was married to the member or former member immediately before Insertion start the Insertion end death Insertion start of that member or former member Insertion end ; or

• (b) a person who establishes that Insertion start they Insertion end were cohabiting in a relationship of a conjugal nature with the member or former member for at least one year immediately before Insertion start the Insertion end death Insertion start of that member or former member Insertion end . (survivant)

•  

  (b) the retirement year or retirement month of a person who is in receipt of an allowance under subsection 20(1), 40(1) or 49(1) is the retirement year or retirement month, as the case may be, of the former member in respect of whose service the allowance is payable.

Recovery of amounts due

(2) If any amount payable by a member or former member under a provision of this Act has become due but remains unpaid at the time of death of the member or former member, that amount, with interest at a rate prescribed from the time when it became due, may be re­covered, in the prescribed manner, from any allowance payable under subsection 20(1), 40(1) or 49(1) to another person in respect of the member or former member, without prejudice to any other recourse available to Her Majesty with respect to the recovery of that amount, and any amount so recovered is deemed, for the purposes of that provision, to have been paid by the member or former member.

Report

(3) Every former member who, on or after July 13, 1995, commences to hold a federal position or enters into a federal service contract and who is receiving or commences to receive an allowance or other benefit under Part I, II, III or IV, other than a withdrawal allowance or an allowance under paragraph 20(1)‍(a) or 40(1)‍(a) or subsection 49(1), shall

Reductions ignored for certain purposes

(7) The amount of an allowance or other benefit payable under section 20, 40, 49 or 51 to or in respect of a former member to whom this section applies or applied shall be determined as if no reduction were made under this section to the allowances or other benefits payable to the former member.

• (b) in the case of each child, an immediate annual allowance equal to one-fifth of the basic allowance or, if the contributor died without leaving a survivor, the survivor is dead or the survivor is not entitled to receive an allowance under this Part, two-fifths of the basic allowance.

Insertion start However, Insertion end the total amount of the allowances paid under paragraph (b) shall not exceed four-fifths of the basic allowance or, if the contributor died without leaving a survivor, the survivor is dead or the survivor is not entitled to receive an allowance under this Part, eight-fifths of the basic allowance.

• (b) in the case of each child, an immediate annual allowance equal to Insertion start one-fifth Insertion end of the basic allowance or, if the contributor died without leaving a survivor, the survivor is dead or the survivor is not entitled to receive an allowance under this Part, Insertion start two-fifths Insertion end of the basic allowance.

However, the total amount of the allowances paid under paragraph (b) shall not exceed Insertion start four-fifths Insertion end of the basic allowance or, if the contributor died without leaving a survivor, the survivor is dead or the survivor is not entitled to receive an allowance under this Part, Insertion start eight-fifths Insertion end of the basic allowance.

• (b) in the case of each child, an immediate annual allowance equal to one-fifth of the basic allowance or, if the contributor died without leaving a survivor, the survivor is dead or the survivor is not entitled to receive an allowance under this Part, two-fifths of the basic allowance.

Insertion start However, Insertion end the total amount of the allowances paid under paragraph (b) shall not exceed four-fifths of the basic allowance or, if the contributor died without leaving a survivor, the survivor is dead or the survivor is not entitled to receive an allowance under this Part, eight-fifths of the basic allowance.

Entitlement of survivor

16.‍3 (1) In the case of the death of a former member, the survivor is entitled to receive, subject to the regulations and the regulations made under the Income Tax Act, a variable benefit payable under a defined contribution provision based on the amount remaining in the former member’s account maintained in respect of the defined contribution provision.

Joint and survivor pension benefit

(2) A pension benefit that commences to be paid on or after January 1, 1987, to a member or former member of a pension plan who has a spouse or common-law partner at the time the pension benefit commences to be paid Insertion start or at any time after it commences to be paid Insertion end shall be in the form of a joint and survivor pension benefit, subject to subsection 25(7).

Entitlement of survivor

49 In the case of the death of a member, the survivor is entitled to receive — subject to the regulations, the Income Tax Act and the Income Tax Regulations — variable payments from the funds in the member’s account.

Prothonotaries

(3) No annuity shall be paid under this section to the survivor of a prothonotary of the Federal Court if the prothonotary ceased to hold the office of prothonotary before the day on which this subsection comes into force.