C-256FederalSocial Policy

C-256 (45-1) - An Act to amend certain Acts in relation to survivor pension benefits

Chamber

commons

Stage

1st Reading

Introduced

Nov 7, 2025

Progress

This bill removes restrictions that prevented survivors from receiving pension benefits if they married or began living with a pension contributor after age 60 or retirement.

Key Changes

  • Removes the rule that denied survivor pension benefits when a relationship began after the contributor turned 60 or retired, across five major federal pension plans
  • Updates the legal definition of 'survivor' in the Members of Parliament Retiring Allowances Act to remove age and retirement-timing conditions
  • Amends the Pension Benefits Standards Act, 1985 so that a joint and survivor pension benefit applies even if a spouse or common-law partner is acquired after pension payments have already begun
  • Amends the Pooled Registered Pension Plans Act to ensure survivors are entitled to funds in a deceased member's account without the previous restrictions
  • Automatically reverses previous elections where contributors had voluntarily reduced their own pension to provide survivor benefits under the old rules
  • Adjusts child allowance formulas in several acts to reflect cases where a survivor is or is not present

Gotchas

  • The transitional provisions automatically cancel previous pension reduction elections made by contributors — this could increase pension payments to living contributors immediately upon the bill coming into force, without requiring any action on their part
  • The bill does not appear to address any potential increased cost to pension funds from extending survivor benefits to a broader group of survivors, and no fiscal impact is stated in the bill text
  • The change to the Pension Benefits Standards Act means that a pension plan member who acquires a spouse or common-law partner after pension payments have already started must have their pension converted to a joint and survivor form, which could reduce the monthly amount they personally receive
  • The bill covers both married spouses and common-law partners who cohabited for at least one year before the contributor's death, maintaining existing cohabitation duration requirements in some acts

Who's Affected

  • Spouses and common-law partners of federal public servants who married or began cohabiting after the contributor turned 60 or retired
  • Spouses and common-law partners of Canadian Forces members, RCMP members, judges, and Members of Parliament in the same situation
  • Survivors of members in federally regulated private-sector pension plans
  • Contributors who previously reduced their own pension to provide survivor coverage under the old rules
  • Children of contributors, whose allowance amounts are adjusted depending on whether a survivor is present

Summary

Currently, under several federal pension laws, a spouse or common-law partner is not entitled to survivor pension benefits if they married or began living with the pension contributor after the contributor turned 60 or had already retired. This bill removes those restrictions, meaning a survivor can receive pension benefits regardless of when the relationship began. The bill amends seven federal laws covering pensions for Canadian Forces members, judges, Members of Parliament, public servants, RCMP members, and federally regulated private-sector pension plans. It also updates the definition of 'survivor' in some of these laws to simply mean someone who was married to or cohabiting with the contributor immediately before their death, without any age or retirement-timing conditions. The bill was introduced as a private member's bill by MP Johns in November 2025. It also includes transitional provisions that automatically cancel any previous elections made by contributors to reduce their own pension in exchange for survivor benefits — a workaround some people used under the old rules.

Automatically generated from bill text using Claude

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