87. The spouse of a member is entitled to a pension from the death of the member if, before his death, the member was receiving any of the following pensions:
(1) a retirement or disability pension or a pension that replaces it;
(2) a pension the amount of which is adjusted to take into account an amount equal to the benefits determined under the Old Age Security Act (Revised Statutes of Canada, 1985, chapter O-9), the Act respecting the Québec Pension Plan (chapter R‐9) or a similar plan within the meaning of paragraph u of section 1 of the latter Act;
(3) (subparagraph repealed);
(4) a bridging benefit referred to in the first paragraph of section 58.
The spouse is also entitled to a pension as of the death of the member if, before the death, the member was entitled to a pension referred to in the first paragraph, the payment of which was suspended under the second paragraph of section 58 or under section 67.3.
The amount of the spouse’s pension must be equal to or greater than 60% of the amount of the member’s pension, including,
(1) when the member dies during the period during which payment of the pension was suspended under section 58 or 67.3, the proceeds of the adjustment of the pension required by section 58 or 67.4 at the end of the period of suspension; and
(2) during the period of replacement, the amount of any temporary pension and, until the date on which the member, had the member survived, would have ceased receiving it, the amount of any bridging benefit.
The amount calculated in accordance with the third paragraph is increased by an amount equal to or greater than 60% of the amount of the pension provided for in section 83 or 104 that the member was receiving before the member’s death or the payment of which was suspended under section 58 or 67.3, adjusted, if the member died while the pension was suspended, as provided for in section 58 or 67.4, with the necessary modifications.
The sum of the pension provided for the spouse and the member’s pension, reduced accordingly, shall, on the date payment of the pension begins, be at least actuarially equivalent to the pension the member would have received had it not been for the benefit granted to the spouse by this section. In addition, if payment of a pension provided for in section 83 or 104 began before the date a person acquired the status of spouse of the member, the pension must be redetermined at that date to take into account the spouse’s entitlement to the pension provided for in this section.
1989, c. 38, s. 87; 1997, c. 19, s. 9; 2000, c. 41, s. 50; 2008, c. 21, s. 12.