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R-12 - Act respecting the Civil Service Superannuation Plan

Section 78
Disposition versions

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78. Each child of the pensioner or officer who is unmarried and under 18 years of age or, under 21 years of age if he is a full-time student in an educational institution designated in Schedule I to the Act respecting the Teachers Pension Plan (chapter R-11) or in any other institution designated by regulation, is entitled to receive, as a pension,
(1)  if a pension is paid to the spouse, 10% of the pension used as the basis for computing the spouse’s pension, reduced as in section 63.3;
(2)  if the pensioner or officer has no spouse entitled to a pension, 20% of the pension that would have been used as the basis for computing the spouse’s pension, reduced as in section 63.3;
(3)  if the spouse of the pensioner or officer dies while receiving a pension, 20% of the pension used as the basis for computing the spouse’s pension and indexed from the death of the pensioner or officer, reduced as in section 63.3.
However, where there are more than four children, an amount representing 10% or 20% of the pension, as the case may be, multiplied by 4, is divided equally among all the children.
1966, c. 6, s. 11; 1969, c. 15, s. 27; 1973, c. 12, s. 174; 1974, c. 10, s. 18; 1977, c. 22, s. 38; 1982, c. 51, s. 110; 1983, c. 24, s. 42; 1990, c. 5, s. 38.
78. Each child of the pensioner or officer who is unmarried and under 18 years of age or, under 21 years of age if he is a full-time student in an educational institution designated in Schedule I to the Act respecting the Teachers Pension Plan (chapter R-11) or in any other institution designated by regulation, is entitled to receive, as a pension,
(1)  if a pension is paid to the spouse, 10% of the pension used as the basis for computing the spouse’s pension, reduced as in section 63.3;
(2)  if the pensioner or officer has no spouse, 20% of the pension that would have been used as the basis for computing the spouse’s pension, reduced as in section 63.3;
(3)  if the spouse of the pensioner or officer dies while receiving a pension, 20% of the pension used as the basis for computing the spouse’s pension and indexed from the death of the pensioner or officer, reduced as in section 63.3.
However, where there are more than four children, an amount representing 10% or 20% of the pension, as the case may be, multiplied by 4, is divided equally among all the children.
1966, c. 6, s. 11; 1969, c. 15, s. 27; 1973, c. 12, s. 174; 1974, c. 10, s. 18; 1977, c. 22, s. 38; 1982, c. 51, s. 110; 1983, c. 24, s. 42.
78. From the day when, owing to death, the payment of the pension or salary of a female officer or employee ceases, the non-divorced husband shall be entitled to receive one-half of the pension which his wife was receiving or would otherwise have been entitled to receive, or would have been entitled to receive had she been superannuated, as computed according to section 63; he shall also be entitled to receive 10% of such pension for each of the children of such officer who is a dependant of the husband and who is less than eighteen years of age or, if he regularly attends an educational institution, who is less than twenty-one years of age, but he shall not so receive more than 40% of such pension for all of his dependent children.
If such widower dies, or if such female officer or employee dies and her husband has predeceased her or their marriage has been dissolved by divorce, each child of such officer who is less than eighteen years of age or, if he regularly attends an educational institution, is less than twenty-one years of age, shall be entitled to receive 20% of the pension which such officer or employee was receiving or would otherwise have been entitled to receive, or would have been entitled to receive, if he had been superannuated, his pension being computed under section 63, until he reaches the age of eighteen years or, if he regularly attends an educational institution, until he reaches the age of twenty-one years. However, not more than 80% of such pension shall be paid to all of such children and the amount representing that percentage shall be divided equally among all the children.
In this act, the expression “widower” designates the non-divorced husband of a deceased officer or employee.
If there is not a non-divorced husband, the word “widower” designates the person who proves to the satisfaction of the Commission that for at least three years immediately preceding the death of such officer or employee:
(a)  he had resided with such officer or employee;
(b)  such officer or employee had publicly represented him as her consort;
(c)  at the death of that officer or employee, neither he nor she was married to another person.
1966, c. 6, s. 11; 1969, c. 15, s. 27; 1973, c. 12, s. 174; 1974, c. 10, s. 18; 1977, c. 22, s. 38; 1982, c. 51, s. 110.
78. From the day when, owing to death, the payment of the pension or salary of a female officer or employee ceases, the non-divorced husband shall be entitled to receive one-half of the pension which his wife was receiving or would have been entitled to receive had she been superannuated, as computed according to section 63; he shall also be entitled to receive 10% of such pension for each of the children of such officer who is a dependant of the husband and who is less than eighteen years of age or, if he regularly attends an educational institution, who is less than twenty-one years of age, but he shall not so receive more than 40% of such pension for all of his dependent children.
If such widower dies, or if such female officer or employee dies and her husband has predeceased her or their marriage has been dissolved by divorce, each child of such officer who is less than eighteen years of age or, if he regularly attends an educational institution, is less than twenty-one years of age, shall be entitled to receive 20% of the pension which such officer or employee was receiving or would have been entitled to receive, if he had been superannuated, his pension being computed under section 63, until he reaches the age of eighteen years or, if he regularly attends an educational institution, until he reaches the age of twenty-one years. However, not more than 80% of such pension shall be paid to all of such children and the amount representing that percentage shall be divided equally among all the children.
In this act, the expression “widower” designates the non-divorced husband of a deceased officer or employee.
If there is not a non-divorced husband, the word “widower” designates the person who proves to the satisfaction of the Commission that for at least three years immediately preceding the death of such officer or employee:
(a)  he had resided with such officer or employee;
(b)  such officer or employee had publicly represented him as her consort;
(c)  at the death of that officer or employee, neither he nor she was married to another person.
1966, c. 6, s. 11; 1969, c. 15, s. 27; 1973, c. 12, s. 174; 1974, c. 10, s. 18; 1977, c. 22, s. 38.
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