Canada Pension Plan (R.S.C., 1985, c. C-8)

AMENDMENTS NOT IN FORCE

• — 2022, c. 10, s. 415

  • 415 The definition contributory period in subsection 2(1) of the Canada Pension Plan is replaced by the following:

    contributory period

    contributory period of a contributor has, subject to paragraph 44(2)(b) and subsections 44(5) and 56(5), the meaning assigned by section 49; (période cotisable)

• — 2022, c. 10, s. 416

  • • 416 (1) Paragraph 44(1)(h) of the Act is replaced by the following:

      • (h) a post-retirement disability benefit shall be paid to a beneficiary of a retirement pension who has not reached 65 years of age and is disabled if

        • (i) the beneficiary has made base contributions for not less than the minimum qualifying period and that period ends after 2018,

        • (ii) the beneficiary is a contributor to whom a post-retirement disability benefit would have been payable at the time the contributor is deemed to have become disabled if an application for a post-retirement disability benefit had been received before the application was actually received, or

        • (iii) the beneficiary is a contributor to whom a post-retirement disability benefit would have been payable at the time the contributor is deemed to have become disabled if a division of unadjusted pensionable earnings that was made under section 55 or 55.1 had not been made.

    • (2) The portion of subsection 44(4) of the Act before paragraph (c) is replaced by the following:

      • Calculation of minimum qualifying period — post-retirement disability benefit

        (4) For the purposes of paragraph (1)(h) and, if a post-retirement disability benefit is payable to a contributor, paragraph (1)(e), the contributor is deemed to have made base contributions for not less than the minimum qualifying period only if the contributor has made base contributions during their contributory period on earnings that are not less than the contributor’s basic exemption, calculated without regard to subsection 20(2),

        • (a) for at least four of the last six calendar years included either wholly or partly in the contributor’s contributory period;

        • (b) for at least 25 calendar years included either wholly or partly in the contributor’s contributory period, of which at least three are in the last six calendar years included either wholly or partly in the contributor’s contributory period; or

    • (3) Section 44 of the Act is amended by adding the following after subsection (4):

      • Contributory period — post-retirement disability benefit

        (5) For the purposes of subsection (4), the contributory period of a contributor is the period

        • (a) commencing when they reach 18 years of age, and

        • (b) ending with the month in which they are determined to have become disabled for the purpose of paragraph (1)(h),

        but excluding

        • (c) any month that was excluded from the contributor’s contributory period under this Act or under a provincial pension plan by reason of disability, and

        • (d) in relation to any benefits payable under this Act for any month after December 1977, any month for which the contributor was a family allowance recipient in a year for which the contributor’s base unadjusted pensionable earnings are less than the contributor’s basic exemption for the year, calculated without regard to subsection 20(2).

• — 2022, c. 10, s. 417

  • 417 The portion of paragraph 49(b) of the Act before subparagraph (i) is replaced by the following:

    • (b) where a benefit other than a disability pension or a post-retirement disability benefit commences after the end of 1986, with the earliest of

• — 2022, c. 10, s. 418

  • • 418 (1) The portion of paragraph (a) of the description of G in section 51.1 of the Act before the formula is replaced by the following:

      • (a) the lesser of 1 and the number determined by the formula

    • (2) The description of M7 in section 51.1 of the Act is replaced by the following:

      M7

      is the number of months in the contributor’s first additional contributory period in the year in which they were deemed to have become disabled that are before the month following the month in which they were deemed to have become disabled; and

    • (3) Section 51.1 of the Act is renumbered as subsection 51.1(1) and is amended by adding the following:

      • Year in which first additional contributory period begins

        (2) For the purposes of the descriptions of A to F in subsection (1), if the contributor’s first additional contributory period begins in the six years before the year in which they were deemed to have become disabled, the Year’s Maximum Pensionable Earnings for the year in which their first additional contributory period begins is replaced by the prorated portion determined by the formula

        A × (M ÷ 12)

        where

        A

        is the Year’s Maximum Pensionable Earnings for the year in which the contributor’s first additional contributory period begins; and

        M

        is the number of months in that year that are included in the contributor’s first additional contributory period.

• — 2022, c. 10, s. 419

  • • 419 (1) The portion of paragraph (a) of the description of G in section 51.2 of the Act before the formula is replaced by the following:

      • (a) the lesser of 1 and the number determined by the formula

    • (2) The description of M7 in section 51.2 of the Act is replaced by the following:

      M7

      is the number of months in the contributor’s second additional contributory period in the year in which they were deemed to have become disabled that are before the month following the month in which they were deemed to have become disabled; and

    • (3) Section 51.2 of the Act is renumbered as subsection 51.2(1) and is amended by adding the following:

      • Year in which second additional contributory period begins

        (2) For the purposes of the descriptions of A to F in subsection (1), if the contributor’s second additional contributory period begins in the six years before the year in which they were deemed to have become disabled, the Year’s Maximum Pensionable Earnings for the year in which their second additional contributory period begins is replaced by the prorated portion determined by the formula

        A × (M ÷ 12)

        where

        A

        is the Year’s Maximum Pensionable Earnings for the year in which the contributor’s second additional contributory period begins; and

        M

        is the number of months in that year that are included in the contributor’s second additional contributory period.

• — 2022, c. 10, s. 420

  • 420 Section 53.3 of the Act is amended by adding the following after subsection (4):

    • Year in which first additional contributory period begins

      (5) For the purposes of the descriptions of A to E in subsection (1), if the contributor’s first additional contributory period begins in the five years before the year in which they became a family allowance recipient, the Year’s Maximum Pensionable Earnings for the year in which their first additional contributory period begins is replaced by the prorated portion determined by the formula

      A × (M ÷ 12)

      where

      A

      is the Year’s Maximum Pensionable Earnings for the year in which the contributor’s first additional contributory period begins; and

      M

      is the number of months in that year that are included in the contributor’s first additional contributory period.

• — 2022, c. 10, s. 421

  • 421 Section 53.4 of the Act is amended by adding the following after subsection (3):

    • Year in which second additional contributory period begins

      (4) For the purposes of the descriptions of A to E in subsection (1), if the contributor’s second additional contributory period begins in the five years before the year in which they became a family allowance recipient,

      • (a) the Year’s Maximum Pensionable Earnings for the year in which their second additional contributory period begins is replaced by the prorated portion determined by the formula

        A × (M ÷ 12)

        where

        A

        is the Year’s Maximum Pensionable Earnings for the year in which the contributor’s second additional contributory period begins, and

        M

        is the number of months in that year that are included in the contributor’s second additional contributory period; and

      • (b) the Year’s Additional Maximum Pensionable Earnings for the year in which their second additional contributory period begins is replaced by the prorated portion determined by the formula

        A × (M ÷ 12)

        where

        A

        is the Year’s Additional Maximum Pensionable Earnings for the year in which the contributor’s second additional contributory period begins, and

        M

        is the number of months in that year that are included in the contributor’s second additional contributory period.