Bill C-23

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	Survivors
Pension of survivor	7. (1) When a contributor who has ceased to hold office as the Lieutenant Governor of a province but who is entitled to be paid an immediate pension or a deferred pension under section 3 dies, his or her survivor shall be paid a pension equal to one half of the immediate pension or deferred pension to which the contributor was entitled under that section.
Pension of survivor	(2) When a contributor who has, pursuant to subsection 4(2), ceased to be required to contribute pursuant to subsection 4(1) dies while holding office as the Lieutenant Governor of a province, his or her survivor shall be paid a pension equal to one half of the immediate pension or deferred pension to which the contributor would have become entitled under section 3 had he or she , immediately prior to his or her death, ceased, for any reason other than death, to hold office as the Lieutenant Governor of the province.
Apportion- ment when two survivors	(3) When a pension is payable under subsection (1) or (2) and there are two survivors of the contributor, the total amount of the pension shall be apportioned so that
	(a) the survivor referred to in paragraph (a) of the definition ``survivor'' in section 2 receives an amount, if any, equal to the total amount less any amount determined under paragraph (b) of this subsection; 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 the survivor cohabited with the contributor while the contributor was a Lieutenant Governor is of the number of years that the contributor was a Lieutenant Governor.
Years	(4) In determining a number of years for the purpose of paragraph (3)(b), a part of a year shall be counted as a full year if the part is six or more months and shall be ignored if it is less.
Commenceme nt of pension to survivor	(5 ) A pension that is payable under this section to a survivor of a contributor commences to be payable immediately after the death of the contributor.
Return of contributions to survivor	8. (1) When a contributor dies while holding office as the Lieutenant Governor of a province and his or her survivor is not entitled to a pension under section 7, his or her survivor shall be paid the total amount of the contributions made by the contributor under this Part, together with interest, if any, calculated pursuant to subsection 3(5).
Apportion- ment when two survivors	(2) When a return of contributions is payable under subsection (1) and there are two survivors of the contributor, the total amount of the return of contributions shall be apportioned so that
	(a) the survivor referred to in paragraph (a) of the definition ``survivor'' in section 2 receives an amount, if any, equal to the total amount less any amount determined under paragraph (b) of this subsection; 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 the survivor cohabited with the contributor while the contributor was a Lieutenant Governor is of the number of years that the contributor was a Lieutenant Governor.
Years	(3) In determining a number of years for the purpose of paragraph (2)(b), a part of a year shall be counted as a full year if the part is six or more months and shall be ignored if it is less.
Election for former Lieutenant Governor	8.1 (1) If the person to whom a former Lieutenant Governor is married or with whom he or she is cohabiting in a relationship of a conjugal nature, having so cohabited for a period of at least one year, would not be entitled to a pension under section 7 in the event of the former Lieutenant Governor's death, the former Lieutenant Governor may make an election, in accordance with the regulations, to reduce the amount of the pension to which he or she is entitled in order that the person could become entitled to a pension under subsection (2).
Payment	(2) A person referred to in subsection (1) is entitled to a pension in an amount determined in accordance with the election and the regulations if the former Lieutenant Governor dies and the election is not revoked or deemed to have been revoked, and the person was married to the former Lieutenant Governor at the time of his or her death, or was cohabiting with the former Lieutenant Governor in a relationship of a conjugal nature for a period of at least one year immediately before his or her death.
No entitlement	(3) A person who is entitled to receive a pension under section 7 after the former Lieutenant Governor's death is not entitled to a pension under subsection (2) in respect of that former Lieutenant Governor.
	Death Benefit
Residual amounts	9. If , on the death of a contributor, there is no survivor to whom a pension or return of contributions under this Act may be paid, or if the contributor's survivor dies, any amount by which the total amount of the contributions made by the contributor under this Part, together with interest, if any, calculated pursuant to subsection 3(5), exceeds the total amount paid to the contributor and his or her survivor under this Part shall be paid, as a death benefit, to the contributor's estate or succession or, if less than $1,000, as the President of the Treasury Board may direct.
	175. (1) Subparagraph 11(a)(ii) of the Act is replaced by the following:
	(ii) the amounts to be recovered from any pension payable to the survivor of a contributor under this Act
	(2) Section 11 of the Act is amended by striking out the word ``and'' at the end of paragraph (b), by adding the word ``and'' at the end of paragraph (c) and by adding the following after paragraph (c):
	(d) respecting the election that may be made under section 8.1, including regulations respecting
	(i) the time, manner and circumstances in which an election may be made, revoked or deemed to have been revoked;
	(ii) the reduction to be made in the amount of a former Lieutenant Governor's pension when an election is made;
	(iii) the amount of the pension to be paid under subsection 8.1(2); and
	(iv) any other matter that the Governor in Council considers necessary for carrying out the purposes and provisions of section 8.1.
R.S., c. M-5	MEMBERS OF PARLIAMENT RETIRING ALLOWANCES ACT
	Amendments
1992, c. 46, s. 81	176. *(1) The definition ``joint and survivor benefit'' in subsection 2(1) of the Members of Parliament Retiring Allowances Act* is repealed.**
1992, c. 46, s. 81	(2) The portion of the definition ``child'' in subsection 2(1) of the Act before paragraph (a) is replaced by the following:
``child'' « enfant »	``child'' means a child or stepchild of - or an individual adopted either legally or in fact by - a member or former member who
1992, c. 46, s. 81; 1995, c. 30, ss. 5, 6	177. Sections 23 to 26 of the Act are replaced by the following:
Duration of entitlement	24. An allowance under section 20
	(a) shall be paid monthly in arrears in approximately equal instalments;
	(b ) begins to be payable, in respect of the death of a member, on the first day of the month immediately after the month in which the member dies or, in respect of the death of a former member, on the day after the day on which the former member dies; and
	(c ) in the case of an allowance under paragraph 20(1)(a), continues during the lifetime of the recipient.
Election for benefit	25. (1) If the person to whom a former member is married or with whom he or she is cohabiting in a relationship of a conjugal nature, having so cohabited for a period of at least one year, would not be entitled, in the event of the former member's death, to receive an allowance under paragraph 20(1)(a) or 40(1)(a), the former member may elect, in accordance with the regulations, in order that the person could become entitled to an allowance under subsection (3), to reduce the amount of
	(a) the former member's retirement allowance and any additional retirement allowance under this Part; and
	(b) the former member's compensation allowance, if any, and any additional compensation allowance under Part II.
Election for both Parts	(2) No election may be made by a former member under subsection (1) unless the former member makes an election under subsection 45(1), if applicable, at the same time.
Entitlement to allowance	(3) A person referred to in subsection (1) is entitled to an allowance in an amount determined in accordance with the election and the regulations if the former member dies and the election is not revoked or deemed to have been revoked, and the person was married to the former member at the time of the former member's death, or was cohabiting with the former member in a relationship of a conjugal nature for a period of at least one year immediately before the former member's death.
Payment of allowance	(4) The allowance to the person referred to in subsection (1) shall be paid monthly in arrears in approximately equal instalments, beginning on the day after the day on which the former member dies, and continues during the person's lifetime.
No entitlement	(5) A person who is entitled to receive an allowance under section 20 or 40 after the former member's death is not entitled to an allowance under subsection (3) in respect of that former member.
1992, c. 46, s. 81; 1995, c. 30, ss. 14, 15	178. Sections 43 to 46 of the Act are replaced by the following:
Duration of entitlement	44. An allowance under section 40
	(a) shall be paid monthly in arrears in approximately equal instalments;
	(b ) begins to be payable
	(i) in respect of the death of a member, on the first day of the month immediately after the month in which the member dies, or
	(ii) in respect of the death of a former member, on the day after the day on which the former member dies; and
	(c ) in the case of an allowance under paragraph 40(1)(a), continues during the lifetime of the recipient.
Election for benefit	45. (1) If the person to whom a former member is married or with whom the former member is cohabiting in a relationship of a conjugal nature, having so cohabited for a period of at least one year, would not be entitled, in the event of the former member's death, to receive an allowance under paragraph 20(1)(a) or 40(1)(a), the former member may elect, in accordance with the regulations, in order that the person could become entitled to an allowance under subsection (3), to reduce the amount of
	(a) the former member's retirement allowance and any additional retirement allowance under Part I; and
	(b) the former member's compensation allowance, if any, and any additional compensation allowance under this Part.
Election for both Parts	(2) No election may be made by a former member under subsection (1) unless the former member makes an election under subsection 25(1), if applicable, at the same time.
Entitlement to allowance	(3) A person referred to in subsection (1) is entitled to an allowance in an amount determined in accordance with the election and the regulations if the former member dies and the election is not revoked or deemed to have been revoked, and the person was married to the former member at the time of the former member's death, or was cohabiting with the former member in a relationship of a conjugal nature for a period of at least one year immediately before the former member's death.
Payment of allowance	(4) The allowance to the person referred to in subsection (1) shall be paid monthly in arrears in approximately equal instalments, beginning on the day after the day on which the former member dies, and continues during the person's lifetime.
No entitlement	(5) A person who is entitled to receive an allowance under section 20 or 40 after the former member's death is not entitled to an allowance under subsection (3) in respect of that former member.
1992, c. 46, s. 81	179. (1) Subsections 49(1) and (2) of the Act are replaced by the following:
Allowance to survivor of former Prime Minister	49. (1) The survivor of a person described in subsection 48(1) shall be paid an allowance equal to one half of the allowance that the person was receiving pursuant to that subsection at the time of death or would have been eligible to receive if, immediately before the time of death, the person described in that subsection had ceased to hold the office of Prime Minister and had reached sixty-five years of age.
Apportion- ment when two survivors	(1.1) When an allowance is payable under this section and there are two survivors, the total amount of the allowance shall be apportioned so that
	(a) the survivor referred to in paragraph (4)(a) 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 (4)(b) receives an amount equal to that proportion of the total amount that the number of years that the survivor cohabited with the person while the person was Prime Minister is of the number of years that the person was Prime Minister.
Years	(1.2) In determining a number of years for the purpose of paragraph (1.1)(b), a part of a year shall be counted as a full year if the part is six or more months and shall be ignored if it is less.
Period of allowance	(2) An allowance payable under subsection (1) to the survivor of a person begins to be payable on the day after the day on which that person dies and continues during the lifetime of the survivor .
1992, c. 46, s. 81	(2) Subsection 49(4) of the Act is replaced by the following:
Definition of ``survivor''	(4) For the purposes of this section, ``survivor'' means
	(a) a person who was married
	(i) to a Prime Minister or former Prime Minister immediately before his or her death, and
	(ii) in the case of a former Prime Minister, to him or her immediately before the time when he or she ceased to be a Prime Minister; or
	(b) a person who establishes that the person was cohabiting in a relationship of a conjugal nature
	(i) with a Prime Minister or former Prime Minister for a period of at least one year immediately before his or her death, and
	(ii) in the case of a former Prime Minister, with him or her immediately before he or she ceased to be a Prime Minister.
	180. The Act is amended by adding the following after section 49:
Election for benefit	49.1 (1) If the person to whom a former Prime Minister is married or with whom the former Prime Minister is cohabiting in a relationship of a conjugal nature, having so cohabited for a period of at least one year, would not be entitled, in the event of the former Prime Minister's death, to receive an allowance under subsection 49(1), the former Prime Minister may elect, in accordance with the regulations, to reduce the amount of his or her allowance under this Part, in order that the person could become entitled to an allowance under subsection (2).
Entitlement to allowance	(2) A person referred to in subsection (1) is entitled to an allowance in an amount determined in accordance with the election and the regulations if the former Prime Minister dies and the election is not revoked or deemed to have been revoked, and the person was married to the former Prime Minister at the time of the former Prime Minister's death, or was cohabiting with the former Prime Minister in a relationship of a conjugal nature for a period of at least one year immediately before the former Prime Minister's death.
Payment of allowance	(3) The allowance to the person referred to in subsection (1) shall be paid monthly in arrears in approximately equal instalments, beginning on the day after the day on which the former Prime Minister dies, and continues during the person's lifetime.
No entitlement	(4) A person who is entitled to receive an allowance under section 49 after the former Prime Minister's death is not entitled to an allowance under subsection (2) in respect of that former Prime Minister.
1995, c. 30, s. 16	181. Paragraph 50(2)(b) of the Act is replaced by the following:
	(b) the retirement year or retirement month of a person who is in receipt of an allowance under subsection 20(1), 25(3) , 40(1), 45(3) , 49(1) or 49.1(2) 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.
1995, c. 30, s. 19(2)	182. Subsection 57(2) of the Act is replaced by the following:
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), 25(3) , 40(1), 45(3) , 49(1) or 49.1(2) 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.
1995, c. 30, s. 20	183. (1) The portion of subsection 59.1(3) of the Act before paragraph (a) is replaced by the following:
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), subsection 25(3) , paragraph 40(1)(a) or subsection 45(3) , 49(1) or 49.1(2) , shall

Bill C-23

Survivors

Death Benefit

MEMBERS OF PARLIAMENT RETIRING ALLOWANCES ACT

Amendments