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Bill C-23

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Pensions for Death

219. (1) Section 45 of the Act is amended by adding the following after subsection (2):

Pensions for surviving common-law partners

(2.1) Except as otherwise provided in this Act, the surviving common-law partner of a member of the forces who was, at the time of the member's death, in receipt of a pension paid at a rate set out in one of classes one to eleven of Schedule I is entitled to a pension as if that member had died on military service, whether or not the death was attributable to that service, but no payment shall be made under this subsection from a date prior to that from which pension is payable in accordance with section 56.

R.S., c. 16 (1st Supp.), s. 7(1); 1990, c. 43, s. 20; 1995, c. 18, par. 75(m)

(2) Subsections 45(3.01) to (3.2) of the Act are replaced by the following:

Proportio-
nate pension for surviving common-law partners

(3.01) Except as otherwise provided in this Act, the surviving common-law partner of a member of the forces who was, at the time of the member's death, in receipt of a pension paid at a rate set out in one of classes twelve to twenty of Schedule I is entitled to a proportionate pension equivalent to fifty per cent of the aggregate of the pension awarded to the deceased member for disability and the additional pension payable for the common-law partner, excluding the allowances for exceptional incapacity, attendance and clothing, but no payment shall be made under this subsection from a date prior to that from which pension is payable in accordance with section 56.

Where pension suspended

(3.02 ) Where the payment of the pension of a member of the forces was suspended at the time of the member's death, the Minister may direct that the survivor be awarded the pension to which the survivor would be entitled under subsection (2), (2.1), (3) or (3.01) if the pension had not been suspended.

Equivalent of member's pension payable to survivor for one year

(3.1) The survivor of a member of the forces who was living with that member at the time of the member's death and is entitled to a pension under subsection (3) or (3.01) is entitled, for a period of one year commencing on the effective date of award as provided in section 56 (except that the words ``from the day following the date of death'' in subparagraph 56(1)(a)(i) shall be read as ``from the first day of the month following the month of the member's death''), in lieu of the pension under subsection (3) or (3.01) during that period, to a pension equal to the aggregate of the basic pension and the additional pension for a spouse or common-law partner payable to the member of the forces under Schedule I at the time of the member's death, and thereafter a pension shall be paid to the survivor in accordance with subsection (3) or (3.01) .

Apportion-
ment of pension

(3.2) For the purposes of subsection 55(1), a person who

    (a) is the survivor of a member of the forces, or

    (b) is a former spouse or a former common-law partner of a member of the forces who has died

is a pensionable applicant in relation to subsection (3.1) if the person meets one of the requirements set out in subsection (1), even though the person was not living with the member of the forces at the time of the member's death.

1995, c. 18, s. 64

220. Section 46 of the Act is replaced by the following:

Pension to person cohabiting with member

46. On the death of a member of the forces, a person who was cohabiting in a conjugal relationship with the member in Canada at the time the member became a member of the forces and for a reasonable period before that time may be awarded a pension at a rate not exceeding the rate provided for a survivor in Schedule II or determined pursuant to subsection 45(3.01) , whichever rate is applicable.

R.S., c. 3 (2nd Supp.), s. 31(1); 1995, c. 18, par. 75(n)

221. (1) Subsection 47(1) of the Act is replaced by the following:

Pension to person awarded alimony, support or maintenance

47. (1) A spouse of a member of the forces who has died and who had been judicially separated or separated from the member, or a former spouse or former common-law partner of a member of the forces who has died, is not entitled to a pension unless the person was awarded alimony, support or maintenance or was entitled to an allowance under the terms of a written agreement with the member , in which case the Minister may award to the person the lesser of

    (a) the pension the person would have been entitled to as a survivor of that member, or

    (b) a pension equal to the alimony, support or maintenance awarded to the person or the allowance to which the person was entitled under the terms of the agreement.

1995, c. 18, s. 65

(2) Subsection 47(3) of the Act is replaced by the following:

Pension where no alimony, support, maintenance or alimentary allowance payable

(3) Notwithstanding subsection (1), where a person described in that subsection is in a dependent condition, the Minister may award a pension at a rate not exceeding the rate provided for a survivor in Schedule II or determined pursuant to subsection 45(3) or (3.01) , whichever rate is applicable, although the person has not been awarded alimony, support, maintenance or an alimentary allowance or is not entitled to an allowance under the terms of a written agreement, if, in the opinion of the Minister, the person would have been entitled to an award of alimony, support, maintenance or an alimentary or other allowance had the person made application for it under due process of law in any jurisdiction in Canada .

222. Section 51 of the Act is amended by adding the following after subsection (1):

Pension to surviving common-law partner

(1.1) Except as otherwise provided in this Act, in any case where pension may be awarded under section 21 in respect of the death of a member of the forces, the member's surviving common-law partner is entitled to a pension.

1995, c. 18, s. 66(1)

223. (1) Paragraph 52(1)(a) of the Act is replaced by the following:

    (a) the member died without leaving any survivor, former spouse or former common-law partner who is entitled to a pension, or a person awarded a pension under section 46; and

1995, c. 18, s. 66(2)

(2) Subsection 52(2) of the Act is replaced by the following:

Pension to parent

(2) Where a member of the forces has died leaving a survivor, former spouse or former common-law partner who is entitled to a pension or a person awarded a pension under section 46, in addition to a parent or person in the place of a parent who, prior to the enlistment of the member or during the member's service, was wholly or to a substantial extent maintained by the member, the Minister may

    (a) award to that parent or person a pension at a rate not exceeding the rate provided in Schedule II; or

    (b) in any case where, after the death of the member, the pension to the survivor, former spouse or former common-law partner who is entitled to a pension or the person awarded a pension under section 46 has been discontinued, award to that parent or person a pension not exceeding the pension that might have been awarded to that parent or person if the member had died without leaving any survivor, former spouse or former common-law partner entitled to a pension or a person awarded a pension under section 46.

1990, c. 43, s. 22(3)

(3) Subsection 52(4) of the French version of the Act is replaced by the following:

Parents à charge

(4) Lorsqu'un membre des forces est décédé, laissant plus que l'un de ses parents ou plus qu'une personne remplaçant l'un des deux dont il était totalement ou dans une large mesure le soutien, le taux de la pension d'un tel parent ou d'une telle personne peut être, au maximum, augmenté du supplément mentionné à l'annexe II, et la pension totale peut être répartie entre ces parents ou entre ce parent et cette autre personne.

1990, c. 43, s. 22(4); 1995, c. 18, par. 75(v)

(4) Subsection 52(7) of the Act is repealed.

224. (1) Paragraph 53(1)(a) of the Act is replaced by the following:

    (a) the member died without leaving a child, survivor, former spouse or former common-law partner who is entitled to a pension, or a person awarded a pension under section 46 ; and

(2) Subsection 53(2) of the French version of the Act is replaced by the following:

Si le frère ou la soeur sont orphelins ou deviennent orphelins

(2) Si ce frère ou cette soeur sont dans un état de dépendance et sont orphelins ou si, par la suite, ils deviennent orphelins par le décès de l'un de leurs parents ou des deux, ils ont droit à une pension n'excédant pas le montant prévu à l'annexe II pour les enfants orphelins.

1995, c. 18, s. 76

225. Subsection 54(2) of the French version of the Act is replaced by the following:

Exceptions

(2) Sauf lorsque des enfants touchent des pensions ou lorsque les deux parents reçoivent une pension en commun, ou lorsqu'il est accordé une pension à des frères ou soeurs, ou lorsqu'une pension est partagée entre plusieurs demandeurs, pas plus d'une pension ne peut être accordée du fait du décès d'un membre des forces.

226. Subsection 69(2) of the Act is replaced by the following:

Survivor of South African War pensioner

(2) The survivor of a member described in subsection (1) is entitled to the benefits of this Act in so far as those benefits or equivalent benefits are not provided to that survivor by the government of the United Kingdom.

R.S., c. 37 (3rd Supp.), s. 12

227. The definition ``basic pension'' in subsection 71.1(1) of the Act is replaced by the following:

``basic pension''
« pension de base »

``basic pension'' means the monthly pension payable under Class 1 of Schedule I to a pensioner without a spouse, common-law partner or child ;

R.S., c. 37 (3rd Supp.), s. 12

228. Subsection 71.2(3) of the Act is replaced by the following:

Extension of additional compensation

(3) Where a prisoner of war is in receipt of additional compensation under subsection (2) in respect of a spouse or common-law partner who is living with the prisoner of war and the spouse or common-law partner dies, except where compensation is payable to the prisoner of war under subsection 34(8), the additional compensation in respect of the spouse or common-law partner shall continue to be paid for a period of one year from the end of the month in which the spouse or common-law partner died or, if the prisoner of war remarries or marries, as the case may be, during that period, until the date of remarriage or marriage .

R.S., c. 16 (1st Supp.), s. 9(1)

229. Subsection 72(5) of the Act is replaced by the following:

Payment of allowance on death of member

(5) Where a member of the forces who has been awarded an exceptional incapacity allowance under this section dies, the exceptional incapacity allowance shall, if that member was a member to whom an additional pension was, at the time of death, payable in respect of the member's spouse, common-law partner or child living with the member, be paid for a period of one year commencing on the first day of the month following the month of the death, to the survivor , if living, or, if not living, equally to any of the member's children otherwise pensionable under this Act.

R.S., c. 16 (1st Supp.), s. 10

230. Paragraph 74(b) of the Act is replaced by the following:

    (b) ``basic pension'' means the monthly basic pension payable under Schedule I to a Class 1 pensioner without a spouse, common-law partner or child .

1995, c. 18, s. 73

231. Subsection 80(2) of the Act is replaced by the following:

Exception

(2) A survivor or child of a deceased member of the forces who, at the time of the member's death,

    (a) was living with the member, and

    (b) was a person in respect of whom an additional pension was being paid to the member

need not make an application in respect of a pension referred to in paragraph 21(1)(i) or (2)(d) or subsection 34(6), (7) or (11) or 45(2), (2.1), (3), (3.01) or (3.1) or an allowance referred to in subsection 38(3) or 72(5).

1990, c. 43, s. 31

232. Schedule II to the Act is amended by replacing the section references after the heading ``SCHEDULE II'', and the heading ``PENSIONS FOR SURVIVORS'', with the following:

(Sections 21, 34, 45, 46, 52, 53, 55, 70, 71, 75 and 78)

PENSIONS FOR DEATH

233. Schedule II to the Act is amended by replacing ``Surviving Spouse'' with ``Survivor''.

234. Schedule III to the Act is amended by replacing the section references after the heading ``SCHEDULE III'' with the following:

(Sections 38, 72 and 75)

235. The third paragraph of Schedule III to the Act is repealed.

Replacement of ``spouse'' with ``spouse or common-law partner''

236. The Act is amended by replacing ``spouse'' and ``Spouse'' with ``spouse or common-law partner'' and ``Spouse or Common-law Partner'', respectively, in the following provisions:

    (a) subsection 3(3), except in the expression ``surviving spouse'';

    (b) paragraph 21(1)(h);

    (c) paragraph 21(2)(c);

    (d) subsection 71.2(2); and

    (e) Schedule I.

Replacement of ``conjoint'' with ``époux''

237. The French version of the Act is amended by replacing ``conjoint'' with ``époux'', with any grammatical changes that the circumstances require, in the following provisions:

    (a) subsections 45(1) and (2);

    (b) subsection 45(3);

    (c) subsection 47(4);

    (d) subsection 51(1); and

    (e) section 57.

Replacement of ``surviving spouse'' with ``survivor''

238. The Act is amended by replacing ``surviving spouse'', ``surviving spouse's'' and ``surviving spouses'' with ``survivor'', ``survivor's'' and ``survivors'', respectively, in the following provisions:

    (a) subsection 3(3);

    (b) subsection 31(2);

    (c) subsection 34(9);

    (d) subsection 34(11);

    (e) subsection 45(3.3);

    (f) subsection 48(1);

    (g) paragraph 56(1)(a);

    (h) paragraph 56(1.1)(a);

    (i) the portion of subsection 64(1) after paragraph (b);

    (j) the portion of subsection 65(1) after paragraph (b); and

    (k) the portion of subsection 66(1) after paragraph (b).

Replacement of ``surviving spouse'' with ``survivor''

239. The English version of the Act is amended by replacing ``surviving spouse'' with ``survivor'' in paragraphs 56(1)(a.1) and (a.2).

Replacement of ``widow'' with ``survivor''

240. The Act is amended by replacing ``widow'' with ``survivor'' in the following provisions:

    (a) subsection 71.3(1); and

    (b) section 71.4.

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