Bill C-243

1st Session, 41st Parliament,

60 Elizabeth II, 2011

house of commons of canada

BILL C-243

An Act to amend the Canadian Forces Superannuation Act, the Judges Act, the Members of Parliament Retiring Allowances Act, the Public Service Superannuation Act and the Royal Canadian Mounted Police Superannuation Act

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

SHORT TITLE

1. This Act may be cited as the Survivor's Annual Allowance Act.

CANADIAN FORCES SUPERANNUATION ACT

2. Subsection 31(1) of the Canadian Forces Superannuation Act is replaced by the following:

31. (1) For greater certainty and subject to any other provision of this Part, the survivor of a contributor is entitled to an annual allowance in respect of the contributor under this Part even if, at the time the contributor married the survivor or began to cohabit with the survivor in a relationship of a conjugal nature, the contributor had attained the age of sixty years.

JUDGES ACT

3. Subsection 44(4) of the Judges Act is replaced by the following:

(4) For greater certainty and subject to any other provision of this Act, an annuity shall be granted under this section to the survivor of a judge even if the survivor became the spouse or began to cohabit with the judge in a conjugal relationship after the judge ceased to hold office.

4. Subsection 44.01(7) of the Act is repealed.

MEMBERS OF PARLIAMENT RETIRING ALLOWANCES ACT

5. Paragraphs (a) and (b) of the definition “survivor” in subsection 2(1) of the Members of Parliament Retiring Allowances Act are replaced by the following:

(a) a person who was married to the member or former member immediately before his or her death; or

(b) a person who establishes that he or she was cohabiting in a relationship of a conjugal nature with the member or former member for at least one year immediately before his or her death.

PUBLIC SERVICE SUPERANNUATION ACT

6. Subsection 26(1) of the Public Service Superannuation Act is replaced by the following:

26. (1) For greater certainty and subject to any other provision of this Part, the survivor of a contributor is entitled to an annual allowance in respect of the contributor under this Part even if that contributor married the survivor or began to cohabit with the survivor in a relationship of a conjugal nature after having become entitled under this Part to an annuity or annual allowance.

ROYAL CANADIAN MOUNTED POLICE SUPERANNUATION ACT

7. Subsection 19(1) of the Royal Canadian Mounted Police Superannuation Act is replaced by the following:

19. (1) For greater certainty and subject to any other provision of this Part, the survivor of a contributor is entitled to an annual allowance in respect of the contributor under this Part even if, at the time the contributor married the survivor or began to cohabit with the survivor in a relationship of a conjugal nature, the contributor had attained the age of sixty years.