Bill S-234
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S-234
Second Session, Fortieth Parliament,
57-58 Elizabeth II, 2009
SENATE OF CANADA
BILL S-234
An Act to amend the Canada Pension Plan (retroactivity of retirement and survivor’s pensions)
first reading, May 6, 2009
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
2nd Session, 40th Parliament,
57-58 Elizabeth II, 2009
senate of canada
BILL S-234
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
3. 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.
4. 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.
Published under authority of the Senate of Canada
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Available from:
Publishing and Depository Services
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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 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.