An Act to amend certain Acts in relation to survivor pension benefits

Bill C-256 changes federal pension rules so that a spouse or common-law partner (a "survivor") can no longer be denied survivor pension benefits just because the marriage or relationship began after the pension plan member turned 60 or after they retired. This so-called "marriage after 60" or "marriage of convenience" penalty currently exists in several federal pension schemes, and the bill removes it. It applies to pensions for federal public servants, the Canadian Forces, the RCMP, federally appointed judges, and Members of Parliament, as well as to privately regulated pension plans covered by the Pension Benefits Standards Act, 1985 and to Pooled Registered Pension Plans.

To do this, the bill repeals the specific provisions in each of these pension laws that previously let a plan member choose to take a reduced pension in exchange for guaranteeing their new spouse or partner survivor benefits despite the late marriage rule, since that workaround is no longer needed once the restriction itself is lifted. It also removes related provisions that reduced children's allowances when a survivor existed but wasn't entitled to benefits, since that distinction disappears. Anyone who had already elected to take a reduced pension under the old rules will automatically have that election cancelled once the bill takes effect, so they keep their full pension amount while their spouse or partner also gains the newly available survivor coverage.

The bill also makes some closely related technical adjustments, such as clarifying how support-payment garnishment orders apply to Judges Act annuities, and updating the definition of "survivor" and related administrative provisions under the Members of Parliament Retiring Allowances Act to remove now-unnecessary cross-references. Overall, the practical effect for ordinary Canadians affected by these plans is that a later-in-life marriage or common-law relationship will no longer disqualify a spouse or partner from receiving survivor pension benefits after the plan member's death.

This bill removes the rule that survivor pension benefits are reduced or denied when a member married or began cohabiting after age 60 or after retirement, across the Canadian Forces Superannuation Act, Judges Act, Members of Parliament Retiring Allowances Act, Public Service Superannuation Act, RCMP Superannuation Act, Pension Benefits Standards Act 1985, and Pooled Registered Pension Plans Act, and it repeals the provisions that let members elect a reduced pension in order to fund such survivor benefits.

• Automatic revocation of past elections — transitional clauses deem any existing election a member made to reduce their own annuity (under the Canadian Forces Superannuation Act, Judges Act, MP Retiring Allowances Act, Public Service Superannuation Act, or RCMP Superannuation Act) to be revoked on the day the amendment takes effect, with no application or consent required from the person affected.
• Delegation to regulations — under the Pension Benefits Standards Act, 1985 and the Pooled Registered Pension Plans Act, a survivor's entitlement to variable benefits remains "subject to the regulations" and to rules made under the Income Tax Act, meaning the detailed calculation and conditions are set outside this bill.
• Recovery of debts from survivor allowances — under the Members of Parliament Retiring Allowances Act, amounts a member or former member owed at death may be recovered, with interest, from allowances payable to another person "in the prescribed manner," a manner not defined in the bill itself.
• Existing garnishment mechanism restated — under the Judges Act, courts retain the power to order that a judge's or retired judge's annuity payments be diverted to a named person to satisfy a financial support order, under the existing Garnishment, Attachment and Pension Diversion Act.
• Oversight — the bill contains no new reporting duty, review clause, sunset provision, or appeal mechanism; it operates entirely through amendment and repeal of existing statutory text.