PUBLIC PENSION PLANS - Canada Pension plan - Survivor’s pension - Spouse, what constitutes

Law360 Canada (January 27, 2021, 6:09 AM EST) -- Application by the Attorney General for judicial review of a decision rendered by the Social Security Tribunal Appeal Division overruling the General Division’s decision and finding that the respondent was the common law partner of the deceased contributor under s. 2(1) of the Canada Pension Plan (CPP) and thus entitled to a survivor’s pension under the CPP. The respondent and contributor cohabited from 2012 to February 2016 when the contributor moved out. They began cohabiting again from July 2016 until November 2016, when the contributor died. The Minister of Employment and Social Development and the General Division denied the respondent’s application for a survivor pension on the basis that she lived with the deceased for less than one year prior to his passing away. The Appeal Division found that the fact that the respondent resided with the deceased contributor in a conjugal relationship for over one year in the past, coupled with the fact that she also resided with the deceased contributor in such a relationship at the time of his death, were sufficient to establish the respondent’s status as a “common law partner” entitled to a survivor’s pension under the CPP....
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