Bill C-23
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| Maximum of
annuities to
children
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(5) The total amount of the annuities paid
under subsection (4) shall not exceed
four-fifths, in the case described in paragraph
(4)(a), and eight-fifths, in the case described
in paragraph (4)(b), of the annuity that is
provided for a survivor under subsection 44(1)
or (2).
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166. Subsection 48(2) of the Act is
replaced by the following:
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| Children's
annuities, to
whom paid
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(2) Where a child of a judge is granted an
annuity under this Act, payment thereof shall,
if the child is less than eighteen years of age,
be made to the person having the custody and
control of the child or, where there is no person
having the custody and control of the child, to
such person as the Minister of Justice may
direct and, for the purposes of this subsection,
the survivor of the judge, except where the
child is living apart from the survivor, shall be
presumed, in the absence of evidence to the
contrary, to be the person having the custody
and control of the child.
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167. Subsection 52(1) of the Act is
replaced by the following:
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| Diversion of
payments to
satisfy
financial
support order
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52. (1) Where any court in Canada of
competent jurisdiction has made an order
requiring a recipient of an annuity or other
amount payable under section 42, 43, 44, 44.1
or 44.2, or under 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.
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| Replacement
of ``spouse''
with ``spouse
or
common-law
partner''
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168. The Act is amended by replacing
``spouse'' with ``spouse or common-law
partner'' in subsection 27(6).
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| Replacement
of ``surviving
spouse'' and
``spouse''
with
``survivor''
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169. The Act is amended by replacing
``surviving spouse'' and ``spouse'' with
``survivor'' in the following provisions:
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| R.S., c. L-8
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LIEUTENANT GOVERNORS SUPERANNUATION ACT |
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170. Section 2 of the Lieutenant
Governors Superannuation Act is amended
by adding the following in alphabetical
order:
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| ``survivor'' « survivant »
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``survivor'' means
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171. The portion of subsection 3(5) of the
Act before paragraph (a) is replaced by the
following:
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| Interest on
payment and
amount of
contributions
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(5) When, at any time after December 31,
1975, a contributor or his or her survivor,
estate or succession becomes entitled,
pursuant to subsection (1) or (4) or section 8 or
9, to be paid any amount of the contributions
made by the contributor under this Part, the
President of the Treasury Board shall
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172. Subsection 5(4) of the Act is replaced
by the following:
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| When sections
3, 4, 7, 8 and
8.1 do not
apply
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(4) Sections 3 and 4 do not apply to a
Lieutenant Governor who has made an
election under this section and sections 7, 8
and 8.1 do not apply to the survivor of a
Lieutenant Governor who has made an
election under this section.
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173. Subsection 6(1) of the Act is replaced
by the following:
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| Diversion to
satisfy
financial
support order
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6. (1) When any court in Canada of
competent jurisdiction has made an order
requiring a former Lieutenant Governor to pay
financial support, amounts payable to the
former Lieutenant Governor under this Part
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.
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174. The heading before section 7 and
sections 7 to 9 of the Act are replaced by the
following:
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Survivors |
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| Pension of
survivor
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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.
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| Pension of
survivor
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(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.
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| Apportion- ment when two survivors
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(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
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| Years
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(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.
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| Commenceme
nt of pension
to survivor
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(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.
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| Return of
contributions
to survivor
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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).
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| Apportion- ment when two survivors
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(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
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| Years
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(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.
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| Election for
former
Lieutenant
Governor
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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).
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| Payment
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(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.
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| No
entitlement
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(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.
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Death Benefit |
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| Residual
amounts
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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.
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175. (1) Subparagraph 11(a)(ii) of the Act
is replaced by the following:
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(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):
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| R.S., c. M-5
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MEMBERS OF PARLIAMENT RETIRING ALLOWANCES ACT |
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Amendments |
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| 1992, c. 46,
s. 81
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176. (1) The definition ``joint and
survivor benefit'' in subsection 2(1) of the
Members of Parliament Retiring Allowances
Act is repealed.
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| 1992, c. 46,
s. 81
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(2) The portion of the definition ``child''
in subsection 2(1) of the Act before
paragraph (a) is replaced by the following:
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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 - a member or former member who
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| 1992, c. 46,
s. 81; 1995, c.
30, ss. 5, 6
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177. Sections 23 to 26 of the Act are
replaced by the following:
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| Duration of
entitlement
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24. An allowance under section 20
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| Election for
benefit
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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
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| Election for
both Parts
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(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.
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| Entitlement to
allowance
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(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.
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| Payment of
allowance
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(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.
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| No
entitlement
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(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.
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| 1992, c. 46,
s. 81; 1995, c.
30, ss. 14, 15
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178. Sections 43 to 46 of the Act are
replaced by the following:
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| Duration of
entitlement
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44. An allowance under section 40
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| Election for
benefit
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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
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| Election for
both Parts
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(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.
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| Entitlement to
allowance
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(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.
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| Payment of
allowance
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(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.
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| No
entitlement
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(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.
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