PART 2Benefits (continued)
DIVISION 2Benefits to Survivors, Children and Other Beneficiaries (continued)
Participant Who Has Not Less Than Two Years of Pensionable Service (continued)
Marginal note:Terms of payment
(a) in the case of a survivor, until the end of the month during which the survivor dies; and
(b) in the case of a child, until the end of the month during which the earlier of the following occurs:
(2) Any amount in arrears after the death of the survivor or child who has reached 18 years of age shall be paid to the estate or succession.
- SOR/2016-64, s. 73
Marginal note:Marriage or cohabitation after pensioner reaches 60 years
73 A survivor is not entitled to an annual allowance in respect of a pensioner if, at the time the pensioner married the survivor or began to cohabit with the survivor in a relationship of a conjugal nature, the pensioner had reached 60 years of age unless, after that time, the pensioner again became a participant.
Marginal note:Waiver by survivor
Marginal note:Time for waiver
(2) The survivor shall waive the entitlement no later than three months after the survivor is notified of their entitlement to the allowance. That waiver is to take effect as of the day after the death of the participant or pensioner.
Marginal note:Child after pensioner reaches 60 years
75 A person who becomes the child of a pensioner at a time when the pensioner was over 60 years of age is not entitled to an annual allowance, unless,
(a) after that time the pensioner again became a participant; or
(b) the child was born to the pensioner following a gestation period that commenced prior to the day when the pensioner reached 60 years of age or ceased to be a participant, whichever is the later.
Marginal note:Death within one year after marriage
76 If a participant or pensioner dies within one year after marriage, no annual allowance is payable to the survivor or a person who becomes a child of the participant or pensioner after the marriage unless it is established that the participant or pensioner was at the time of the marriage in such a condition of health as to justify the participant or pensioner in having an expectation of surviving for at least one year after the marriage.
Marginal note:Saving provision
77 Nothing in sections 75 and 76 shall be held to prejudice any right that a child of an earlier marriage of the participant or pensioner has to an allowance under section 68 or 70.
Marginal note:Minimum benefit — no survivor or child
78 If, on the death of a participant or pensioner who has to their credit not less than two years of pensionable service, there is no survivor or child to whom an annual allowance may be paid, or if the survivor or child to whom an annual allowance may be paid dies or ceases to be entitled to it and no other amount may be paid to them under this Division, an amount equal to the amount determined by the following formula shall be paid as a death benefit to the estate or succession of the participant or pensioner:
A – B
- is the greater of a return of contributions and an amount equal to five times the total of the annuity determined in accordance with section 41 plus the bridge benefit determined in accordance with section 48; and
- is the aggregate of all amounts paid to a survivor or child under this Division and to the participant or pensioner under Division 1.
- SOR/2016-64, s. 74
Marginal note:Survivor not to receive benefits
79 A survivor is not entitled to receive any benefit under this Division in respect of the participant or pensioner if the survivor could not be found within one year after the Minister has been notified of the death of the participant or pensioner or the survivor is found criminally responsible for the death of the participant or pensioner.
DIVISION 3Indexing Benefits
Marginal note:Indexing benefit
80 The following persons are entitled to an indexing benefit:
(a) a pensioner who is in receipt of an annuity or annual allowance and who
(b) a survivor or child who is in receipt of an annual allowance under Division 2.
Marginal note:Retirement month or year
(a) in respect of a pensioner, the month or year during which the pensioner most recently became entitled to an annuity or annual allowance under Division I of Part 2; and
(b) in respect of a survivor or child, the retirement month or retirement year of the pensioner, or the month or year of death of the participant, in respect of whom the annual allowance is payable.
Marginal note:Calculation of indexing benefit
(2) The indexing benefit for a month in any year shall be calculated with reference to the retirement year and shall be equal to the amount of the supplementary retirement benefit that would be payable for that month in respect of the annuity or annual allowance and the bridge benefit of the pensioner, survivor or child under subsections 4(1) and (2) of the Supplementary Retirement Benefits Act if that Act applied to that person.
Marginal note:Calculation of indexing benefit — year following retirement
(3) In respect of a month in the year following the retirement year, the indexing benefit is equal to the amount determined by the formula
A × B/12
- is the amount of the indexing benefit that would, but for this subsection, be payable to the pensioner, survivor or child for that month; and
- is the number of complete months that remained in the retirement year after the retirement month.
Marginal note:Minimum amount
(4) The aggregate of the amount of the annuity or annual allowance and the bridge benefit, and of the indexing benefit that may be payable in respect of that amount, in any month of any year, shall not be less than the aggregate of the following amounts that were or may be payable for any month in the year before that year:
- SOR/2008-307, s. 14
Marginal note:Manner of payment
82 The indexing benefit shall be paid at the same time, in the same manner and in respect of the same period as the annuity, annual allowance and bridge benefit.
Marginal note:Participants who become contributors
83 (1) When a former participant is required to contribute to the Canadian Forces Pension Fund and has pensionable earnings to their credit at that time, there shall be charged to the Fund and credited to the Canadian Forces Pension Fund an amount equal to the transfer value that would have been determined under section 56, excluding interest, if the former participant had had the right to opt for the payment of a transfer value and had done so.
Marginal note:Rights and obligations extinguished
(2) The former participant’s rights and obligations, and those of any person to whom a benefit might have become payable in respect of that former participant, under these Regulations shall be extinguished on the day before the day on which the former participant is required to contribute to the Canadian Forces Pension Fund.
PART 3Establishment and Administration of the Reserve Force Pension Fund
Marginal note:Fund established
84 The Reserve Force Pension Fund is established.
Marginal note:Amounts to be deposited
85 There shall be deposited into the Fund
(a) the amounts that participants are required to contribute under the Act and the amounts that they are required to pay, under these Regulations, in respect of elections made to count past earnings or transfer value earnings as pensionable earnings; and
(b) the income from the investment of any contributions and from amounts deposited into the Fund plus profits minus losses on the sale of the investments.
- Date modified: