13. The spouse of a member is entitled to a refund of the value of the benefits payable to him as a result of the member’s death if such value is less than 20% of the Maximum Pensionable Earnings established pursuant to the Act respecting the Québec Pension Plan (chapter R-9) for the year in which the member died. The spouse may not exercise that right once a pension arising from the death begins to be paid to him.
Where the conditions set forth in the first paragraph are met, the Commission may likewise make a full payment of the spouse’s benefits by refunding to him the sum corresponding to the value of his pension. Beforehand, the Commission must ask the spouse by notice in writing to make known to it his instructions as to the method of refund; failing receipt of a reply with 30 days from the transmission of such notice, the Commission may make the refund. The notice transmitted to the spouse must mention that eventuality.