Division of Survivor’s Pension

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Issuing Authority:Director General, Policy
Effective Date:
Document ID:1131

Care has been taken to ensure these policies accurately reflect the acts and regulations. Should any inconsistencies be found, the acts and regulations will prevail.

This policy replaces the following PPM policies: Article 55 - Division of Pension; Article 47(1) & (3) - Survivor's Pensions for Separated Spouses, Former Spouses and Former Common-law Partners.

Table of Contents

PurposePolicyGeneralReferences

Purpose

The purpose of this policy is to provide direction with respect to the division of a survivor pension granted under the Pension Act in circumstances where there may be more than one claimant.

Policy

General

  1. As a general principle, there must be extenuating circumstances before a pension is divided.
  2. In cases where a division of pension is requested, a surviving spouse/common-law partner and a surviving former or separated spouse or former common-law partner will usually be involved, and the surviving spouse/common-law partner should be given first consideration since he/she is the survivor as of right.
  3. Based on the above, the surviving spouse/common-law partner should not receive less than 50% of the survivor's pension as provided by Schedule II.
  4. If the surviving former or separated spouse or former common-law partner was receiving maintenance prior to the Veteran's death and applies for pension under subsection 47(1) of the Act after the Veteran’s death, he/she should not receive more than the amount paid by the Veteran during his/her lifetime.
  5. In any case where there is also a surviving spouse/common-law partner, the surviving former or separated spouse or former common-law partner will not receive more than 50% of the survivor’s pension.
  6. If there is no longer a surviving spouse/common-law partner and the surviving former or separated spouse or former common-law partner is in a dependent condition, an award up to the full amount of Schedule II may be paid to the surviving former or separated spouse or former common-law partner under section 47.

References

Pension Act, sections 47(1) and (2), 55

Survivor’s Pensions for Separated Spouses, Former Spouses and Former Common-law Partners

Definition of Survivor for the Purposes of Disability and Death Benefits

Dependent Condition

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