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Public Service Superannuation Act

Version of section 26 from 2005-04-01 to 2012-12-31:


Marginal note:Marriage, etc. after retirement

  •  (1) Subject to section 13.1 but notwithstanding any other provision of this Part, the survivor of a contributor is not entitled to an annual allowance in respect of the contributor under this Part if that contributor married the survivor or began to cohabit with the survivor in a relationship of a conjugal nature after having become entitled under this Part to an annuity or annual allowance, unless, after the marriage, or after the beginning of the period of cohabitation, the contributor became or continued to be a contributor under this Part.

  • Marginal note:Child born, etc., after retirement

    (2) Notwithstanding anything in this Part, except as provided in the regulations, a child who is born to or adopted by a contributor or who becomes the stepchild of a contributor after that contributor ceases to be employed in the public service is not entitled to an allowance under this Part.

  • Marginal note:Death within one year after marriage

    (3) Notwithstanding anything in this Part, when a contributor dies within one year after marriage, no annual allowance is payable to the survivor of the contributor or the children of that marriage unless it is established to the satisfaction of the Minister that the contributor was at the time of the marriage in such a condition of health as to justify the contributor in having an expectation of surviving for at least one year after the marriage.

  • (4) [Repealed, 1989, c. 6, s. 4]

  • Marginal note:Saving provision

    (5) Nothing in this section prejudices any right that a child of an earlier marriage of the contributor has to an allowance under section 12 or 13.

  • Marginal note:Transitional

    (6) Notwithstanding anything in this Act, no person is entitled to an allowance under this Part by virtue of being the survivor of a female contributor unless the contributor, on or after December 20, 1975 but before January 1, 2000, was

    • (a) employed in the public service; and

    • (b) required by subsection 5(1) to contribute to the Superannuation Account.

    Section 2 does not apply in respect of this subsection.

  • Marginal note:Transitional

    (7) Notwithstanding anything in this Act, no person is entitled to an allowance under this Part by virtue of being the survivor of a female contributor unless the contributor, on or after January 1, 2000, was

    • (a) employed in the public service; and

    • (b) required by subsections 5(1.1) or (1.2) to contribute to the Superannuation Account or the Public Service Pension Fund.

    Section 2 does not apply in respect of this subsection.

  • R.S., 1985, c. P-36, s. 26
  • 1989, c. 6, s. 4
  • 1992, c. 46, s. 14
  • 1999, c. 34, s. 76
  • 2003, c. 22, s. 225(E)
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