85. For the purposes of this subdivision, the spouse of a member is the person who, on the day of reference defined in the second paragraph,
(1) is married to or in a civil union with the member;
(2) has been living in a conjugal relationship with a member who is neither married nor in a civil union, whether the person is of the opposite or the same sex, for a period of not less than three years, or for a period of not less than one year if
— at least one child is born, or to be born, of their union;
— they have adopted, jointly, at least one child while living together in a conjugal relationship; or
— one of them has adopted at least one child who is the child of the other, while living together in a conjugal relationship.
Spousal status is established as at either the day a member begins receiving payment of a retirement or disability pension, a pension that replaces it or a bridging benefit, or the day preceding the death of the member, whichever date is adopted by the pension plan, or, if neither is adopted, whichever date occurs first. However, if the member dies without having received payment of such a pension or benefit, spousal status is established as at the day preceding the death.
For the purposes of subparagraph 2 of the first paragraph, the birth or adoption of a child prior to the period of conjugal relationship existing on the day as of which spousal status is established may qualify a person as a spouse.
Notwithstanding subparagraph 1 of the first paragraph, a person who is legally separated from bed and board on the day as of which spousal status is established is not entitled to any benefit under this subdivision unless the person is the member’s successor or was named in a notice sent by the member under section 89.
1989, c. 38, s. 85; 1999, c. 14, s. 26; 2000, c. 41, s. 48; 2002, c. 6, s. 194; 2008, c. 21, s. 10.