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Members of Parliament Retiring Allowances Act

Version of section 40 from 2013-01-01 to 2024-02-06:


Marginal note:Survivor benefits

  •  (1) On the death of a member or former member, there shall be paid

    • (a) to the survivor an allowance equal to three fifths of the basic compensation allowance, but, if more than one survivor is entitled to an allowance under this paragraph, the total amount of the allowances shall not exceed three fifths of the basic compensation allowance and that total amount shall be apportioned in accordance with subsection (1.1); and

    • (b) to each child, an allowance equal to one tenth of the basic compensation allowance or, if the member or former member died leaving no one entitled to an allowance under paragraph (a), two tenths of the basic compensation allowance, but the total amount of the allowances shall not exceed three tenths of the basic compensation allowance or, if the member or former member died leaving no one entitled to an allowance under paragraph (a), eight tenths of the basic compensation allowance.

  • Marginal note:Apportionment

    (1.1) For the purposes of paragraph (1)(a), the total amount shall be apportioned so that

    • (a) the survivor referred to in paragraph (a) of the definition survivor in subsection 2(1) receives an amount, if any, equal to the total amount less any amount determined under paragraph (b); and

    • (b) the survivor referred to in paragraph (b) of that definition receives an amount equal to that proportion of the total amount that the number of years that survivor cohabited with the member or former member while a member is of the number of years that the member or former member was a member.

  • Marginal note:Years

    (1.2) In determining a number of years for the purposes of subsection (1.1), a part of a year shall be counted as a full year if the part is six or more months and shall be ignored if it is less.

  • Marginal note:Definition of basic compensation allowance

    (2) In this section, basic compensation allowance means

    • (a) in the case of a former member, the aggregate of all the compensation allowances and additional compensation allowances that the former member was receiving under this Part at the time of death, calculated as if the former member had reached sixty years of age immediately before death; and

    • (b) in the case of a member, the aggregate of all the compensation allowances and additional compensation allowances that the member would have been entitled to receive under this Part if the member had ceased to be a member and had reached sixty years of age immediately before death.

  • Marginal note:Deeming

    (3) For the purposes of subsection (2), if the member or former member has pensionable service that came to his or her credit on or after January 1, 2016, the member or former member is deemed to have received or to have been entitled to receive, as the case may be, a compensation allowance in an amount determined under subsection 37.2(2) without taking into account the calculation referred to in the description of D in that subsection.

  • R.S., 1985, c. M-5, s. 40
  • 1992, c. 46, s. 81
  • 1995, c. 30, s. 13
  • 1999, c. 34, s. 226
  • 2012, c. 22, s. 33

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