s.35Surviving spouse's and children's pension
35
Section 35Part 5 — Pension Benefits

Surviving spouse's and children's pension

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Upon the death of an active, retired or deferred vested participant there shall be paid to the participant's surviving spouse and children, if any, a pension determined in accordance with this section.
Where a participant of the prior plan died before the date of commencement of this Law, the pensions, if any, payable to the deceased participant's beneficiaries under this Law shall be as set out in a schedule of benefits adopted and maintained by the Board pursuant to section 4(1)(g).
Upon the death of a participant there shall be paid to such participant's surviving spouse and children —
if the deceased was a retired participant, a monthly pension based on the amount of pension he was drawing at the date of his death, or
if the deceased was an active participant, a monthly pension based on his accrued benefit at the time of his death,
in accordance with the provisions of this section.
Where the participant dies leaving a spouse but no children, subject to the limitations set out in subsection (8), the surviving spouse is entitled to a monthly pension equal to one-half of the pension determined in subsection (3).
Where the participant dies leaving a spouse and children —
subject to the limitations set out in subsection (6), the surviving spouse is entitled to a monthly pension equal to one-half of the pension determined in subsection (3); and
each child is entitled, until the date specified in section 23 for cessation of children's pensions, to a monthly pension equal to one-half of the pension determined in subsection (3), divided by the total number of children left by the participant.
Notwithstanding subsection (5), where at the time of a participant's death, the Administrator is in receipt of either —
an election by the participant to which the participant's spouse has consented in writing; or
a court order,
directing that upon the participant's death the Administrator shall pay the surviving spouse's pension to the children, then the pension otherwise payable to the participant's surviving spouse, if any, shall be equally distributed among the children; and such pension shall be paid in addition to any other benefit otherwise payable to the children pursuant to this section.
Where the participant dies leaving children, but no surviving spouse, the children shall be entitled to the benefit described in subsection (5) determined as if a surviving spouse existed and the election described in subsection (6)(a) had been made.
Notwithstanding any other provision in this section to the contrary, the benefit payable to a surviving spouse of a deceased retired participant shall be actuarially reduced in accordance with Plan actuarial tables if such surviving spouse is less than fifty-five years of age and more than ten years younger than the deceased retired participant.
This section shall apply to a beneficiary only if application of this section would result in a greater pension payable to the beneficiary than would be payable under section 37; and no pension shall be paid under section 37 to the legal representatives, surviving spouse or children to whom, after application of this subsection, a pension is payable pursuant to this section.

Cross References