Members of Parliament Retiring Allowances Act

Marginal note:Election for benefit

• 45 (1) If the person to whom a former member is married or with whom the former member is cohabiting in a relationship of a conjugal nature, having so cohabited for a period of at least one year, would not be entitled, in the event of the former member’s death, to receive an allowance under paragraph 20(1)(a) or 40(1)(a), the former member may elect, in accordance with the regulations, in order that the person could become entitled to an allowance under subsection (3), to reduce the amount of

  • (a) the former member’s retirement allowances and any additional retirement allowance, under Part I; and

  • (b) the former member’s compensation allowances, if any, and any additional compensation allowance, under this Part.

• Marginal note:Election for both Parts

  (2) No election may be made by a former member under subsection (1) unless the former member makes an election under subsection 25(1), if applicable, at the same time.

• Marginal note:Entitlement to allowance

  (3) A person referred to in subsection (1) is entitled to an allowance in an amount determined in accordance with the election and the regulations if the former member dies and the election is not revoked or deemed to have been revoked, and the person was married to the former member at the time of the former member’s death, or was cohabiting with the former member in a relationship of a conjugal nature for a period of at least one year immediately before the former member’s death.

• Marginal note:Payment of allowance

  (4) The allowance to the person referred to in subsection (1) shall be paid monthly in arrears in approximately equal instalments, beginning on the day after the day on which the former member dies, and continues during the person’s lifetime.

• Marginal note:No entitlement

  (5) A person who is entitled to receive an allowance under section 20 or 40 after the former member’s death is not entitled to an allowance under subsection (3) in respect of that former member.