Bill S-223
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S-223
Third Session, Fortieth Parliament,
59 Elizabeth II, 2010
SENATE OF CANADA
BILL S-223
An Act to amend the Canada Pension Plan (retroactivity of retirement and survivor’s pensions)
first reading, October 5, 2010
THE HONOURABLE SENATOR CALLBECK
3920811
SUMMARY
This enactment amends the Canada Pension Plan so that a person who applies for a retirement pension after reaching 70 years of age or who applies for a survivor’s pension would be eligible to receive retroactive payments for a maximum of five years instead of the current maximum of 12 months.
Available on the Parliament of Canada Web Site at the following address:
http://www.parl.gc.ca
http://www.parl.gc.ca
3rd Session, 40th Parliament,
59 Elizabeth II, 2010
senate of canada
BILL S-223
An Act to amend the Canada Pension Plan (retroactivity of retirement and survivor’s pensions)
R.S., c. C-8
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1. Paragraph 63.1(3)(b) of the Canada Pension Plan is replaced by the following:
(b) the fifty-ninth month preceding the month in which the application is received by the Minister.
2. (1) Paragraph 67(2)(e) of the Act is replaced by the following:
(e) the sixtieth month preceding the month following the month in which the applicant applied, if the applicant was seventy-five years of age or more when the application was made;
(2) The portion of subsection 67(3) of the Act before paragraph (a) is replaced by the following:
Exception
(3) Where a person who is under seventy-one years of age has applied to receive a retirement pension and attains the age of sixty-five years before the day on which the application is received, the pension is payable commencing with the latest of
2009, c. 31
3. Subsection 67(3.1) of the Act is amended by striking out “and” at the end of paragraph (c) and by adding the following after paragraph (c):
(c.1) the fifty-ninth month preceding the month in which the application was received if they have reached seventy-one years of age when they applied, but in no case earlier than the month in which they reached seventy years of age, and
4. The portion of subsection 72(1) of the Act following paragraph (c) is replaced by the following:
but in no case earlier than the sixtieth month preceding the month following the month in which the application was received.
For greater certainty
5. For greater certainty, the provisions of this Act are not provisions to which the provisions of section 114 of the Act apply and section 114 of the Act does not apply to this Act.
Coming into force
6. Section 3 comes into force on the later of the coming into force of this Act and section 38 of the Economic Recovery Act (stimulus), chapter 31 of the Statutes of Canada, 2009.
Published under authority of the Senate of Canada
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Available from:
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Explanatory Notes
Canada Pension Plan
Clause 1: Relevant portion of subsection 63.1(3):
(3) On approval by the Minister of an application referred to in subsection (2), a survivor’s pension is payable to the applicant for each month commencing with the later of
. . .
(b) the eleventh month preceding the month in which the application is received by the Minister.
Clause 2: (1) Relevant portion of subsection 67(2):
(2) For a retirement pension that commences to be payable on or after January 1, 1987 and where the applicant is not an estate, subject to section 62, where payment of the retirement pension is approved, the pension is payable for each month commencing with the latest of
. . .
(e) the twelfth month preceding the month following the month in which the applicant applied, if he was over seventy years of age when he applied,
(2) Relevant portion of subsection 67(3):
(3) Where a person who has applied to receive a retirement pension attains the age of sixty-five years before the day on which the application is received, the pension is payable commencing with the latest of
Clause 3: Relevant portion of subsection 67(3.1):
(3.1) For a retirement pension that commences to be payable on or after January 1, 2012 and if the applicant is not an estate, subject to section 62, if payment of the retirement pension is approved, the pension is payable for each month commencing with the latest of
. . .
(c) the eleventh month preceding the month in which the application was received if they have reached sixty-five years of age when they applied, but in no case earlier than the month in which they reached sixty-five years of age, and
Clause 4: Relevant portion of subsection 72(1):
72. (1) Subject to subsection (2) and section 62, where payment of a survivor’s pension is approved, the pension is payable for each month commencing with the month following
. . .
but in no case earlier than the twelfth month preceding the month following the month in which the application was received.