Bill C-78
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Provision for Officers' Survivors and Children |
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| Pension to
survivors and
compassionat
e allowance to
children
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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.
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| If two
survivors
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(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).
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210. Paragraphs 26(d) and (e) of the Act
are replaced by the following:
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211. Section 27 of the Act is replaced by
the following:
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| Pension one-
half of
officer's
pension
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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.
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212. Subsection 28(2) of the Act is
replaced by the following:
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| If no pension
to survivor
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(2) If no pension is payable to a survivor
under this Act, the allowance shall be double
that fixed by subsection (1).
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213. Section 29 of the Act is replaced by
the following:
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| Amount to
family limited
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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.
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| 1992, c. 46,
s. 86
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214. Section 32 of the Act is replaced by
the following:
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| Person
considered to
be the
survivor
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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.
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| Person
considered to
be married
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(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.
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| Apportionme
nt of pension
when two
survivors
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(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
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| Exception
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(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.
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| Death of one
of the
survivors after
apportionmen
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(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.
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215. Section 35.1 of the Act is amended by
adding the following after subsection (2):
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| Garnishment,
Attachment
and Pension
Diversion Act
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(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.
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| 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
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Royal Canadian Mounted Police Pension Continuation Act |
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216. Subsection 2(1) of the Royal
Canadian Mounted Police Pension
Continuation Act is amended by adding the
following in alphabetical order:
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| ``child'' « enfant »
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``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;
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| ``survivor'' « survivant »
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``survivor'', in relation to an officer or a
former officer, means
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217. Subsection 5(2) of the Act is replaced
by the following:
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| Compensation
to survivor or
children
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(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.
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218. Section 18.1 of the Act is amended by
adding the following after subsection (2):
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| Garnishment,
Attachment
and Pension
Diversion Act
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(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.
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219. Section 19 of the Act is replaced by
the following:
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| Pension to
survivor and
allowances to
children
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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.
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| If two
survivors
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(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).
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220. Paragraphs 20(c) and (d) of the Act
are replaced by the following:
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221. Section 23 of the Act is replaced by
the following:
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| Amount to
family limited
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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.
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| 1992, c. 46,
s. 95
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222. Section 25.1 of the Act is replaced by
the following:
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| Person
considered to
be the
survivor
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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.
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| Person
considered to
be married
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(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.
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| Apportionme
nt of pension
when two
survivors
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(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
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| Exception
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(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.
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| Death of one
of the
survivors after
apportionmen
t
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(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.
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223. Section 44.1 of the Act is amended by
adding the following after subsection (2):
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| Garnishment,
Attachment
and Pension
Diversion Act
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(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.
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| R.S., c. M-5;
1989, c. 6;
1992, c. 46;
1995, c. 30;
1998, c. 23
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Members of Parliament Retiring Allowances Act |
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224. Subsection 2(1) of the Members of
Parliament Retiring Allowances Act is
amended by adding the following in
alphabetical order:
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| ``survivor'' « survivant »
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``survivor'', in relation to a member or former
member, means
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| 1995, c. 30,
s. 4
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225. (1) Paragraph 20(1)(a) of the Act is
replaced by the following:
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| 1995, c. 30,
s. 4
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(2) Subsection 20(1.1) of the Act is
replaced by the following:
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| Apportionme
nt
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(1.1) For the purposes of paragraph (1)(a),
the total amount shall be apportioned so that
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| 1995, c. 30,
s. 13
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226. (1) Paragraph 40(1)(a) of the Act is
replaced by the following:
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| 1995, c. 30,
s. 13
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(2) Subsection 40(1.1) of the Act is
replaced by the following:
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| Apportionme
nt
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(1.1) For the purposes of paragraph (1)(a),
the total amount shall be apportioned so that
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