Canadian Forces Superannuation Act

Marginal note:Benefits payable on death

• 25 (1) On the death of a contributor who, at the time of the contributor’s death, was entitled under this Act to an annuity, the survivor and children of the contributor are entitled to the following allowances, computed on the basis of the product obtained by multiplying the average annual pay received by the contributor during the period specified in subparagraph 15(1)(a)(ii), by the number of years of pensionable service to the contributor’s credit, one one-hundredth of the product so obtained being hereinafter referred to as the “basic allowance”:

  • (a) in the case of a survivor, an immediate annual allowance equal to the basic allowance, and

  • (b) in the case of each child, an immediate annual allowance equal to one-fifth of the basic allowance or, if the contributor died without leaving a survivor, the survivor is dead or the survivor is not entitled to receive an allowance under this Act, two-fifths of the basic allowance,

  but the total amount of the allowances paid under paragraph (b) shall not exceed four-fifths of the basic allowance or, if the contributor died without leaving a survivor, the survivor is dead or the survivor is not entitled to receive an allowance under this Act, eight-fifths of the basic allowance.

• Marginal note:Idem

  (2) Where, in computing the allowances to which the children of a contributor are entitled under subsection (1), it is determined that there are more than four children of the contributor entitled to an allowance, the total amount of the allowances shall be apportioned among the children in such shares as the Minister deems just and proper under the circumstances.

• Marginal note:Benefits

  (3) On the death of a contributor who served in the regular force for a period that is the lesser of five years and the period prescribed by the regulations for the purposes of this subsection and was a member of the regular force at the time of death, the survivor and children of the contributor are entitled to the annual allowances to which they would have been entitled under subsection (1) had the contributor, immediately before death, become entitled under this Act to an annuity.

• Marginal note:Definition of “child”

  (4) For the purposes of subsections (1) and (3), child means a child of the contributor who

  • (a) is less than eighteen years of age; or

  • (b) is eighteen or more years of age but less than twenty-five years of age, and is in full-time attendance at a school or university, having been in such attendance substantially without interruption since the child reached eighteen years of age or the contributor died, whichever occurred later.

• Marginal note:Benefits payable on death

  (5) On the death of a contributor who served in the regular force for less than the lesser of five years and the period prescribed by the regulations for the purposes of subsection (3) and was a member of the regular force at the time of death, the survivor and children of the contributor, in any case where the contributor died leaving a survivor or a child less than eighteen years of age, are entitled jointly to a death benefit equal to

  • (a) a return of contributions, or

  • (b) an amount equal to one month’s pay for each year of pensionable service to the credit of the contributor, computed on the basis of the rate of pay authorized to be paid to him at the time of his death,

  whichever is the greater.

• Marginal note:Computation of length of service

  (6) In computing the length of service of a contributor in the regular force for the purposes of this section, there shall be included any period of service described in paragraphs 23(1)(a) and (b) but there shall not be included any period of service described in subsection 23(2).