Question Period Note: Marriage After 60 Clause

The growing cost of living is having a detrimental impact on former Canadian Armed Forces members. What is this Government doing to support veterans and their loved ones who are affected by the outdated and unjust marriage over 60 clause?

• National Defence is grateful for the service of all its members, both active and retired, and offers robust benefit packages to members and their spouses.

• For members who marry after the age of 60, the Optional Survivor Benefits provide corresponding benefits to surviving spouse of members.

• Additionally, in 2019, this Government committed $150 million over 5 years to Veterans Affairs Canada to establish a survivor fund.

• This fund is designed to better support veterans who married after 60, as well as their spouses, and ensure that survivors have the financial support they need.

• National Defence always works in close coordination with other key Departments, like Veterans Affairs and Treasury Board, to ensure members continue to be fairly compensated.

Quick Facts

• In 1994, the Federal Court of Appeal ruled that the marriage after 60 provision does not discriminate on the basis of age and is not in breach of the Charter (Sutherland v. Canada, 1994). The Supreme Court of Canada denied leave to appeal the decision.

Background

• The Canadian Forces Superannuation Act provides pension benefits for eligible members.

• National Defence is responsible for the overall administration of the Canadian Forces Superannuation Act including the management of pension funds.

  • National Defence is responsible for the oversight of the pension plan, contribution, calculations, financial analysis, program advice and interpretation and preparation of the annual reports.

Optional Survivor Benefits

• The Optional Survivor Benefit was implemented in 1992 to provide Canadian Armed Forces members with the option to reduce their pensions by 30, 40, or 50 percent in order to provide a corresponding benefit for their surviving spouse.

Budget 2019 announcement

• Budget 2019 announced the Veterans Survivor Fund to support Veterans:

  • This program run by Veterans Affairs Canada, commits $150M over 5 years to support Veterans who married over the age of 60 and their spouses.

  • Veterans Affairs Canada is working to identity the size and character of the survivor population. The Department is using this information to determine how best to support these survivors.

Parliamentary Returns

• In Parliament 44.1, National Defence answered two petitions on the Marriage after 60 clause.

  • P-61 – Tabled on January 31, 2022

  • P-397 – Tabled on June 6, 2022

Responsible Principals: Military Personnel Command.