Other Canada Pension Plan (CPP)

Decision

[1] The appeal is dismissed. The Appellant, T. K., isn’t eligible to receive a survivor’s pension.

[2] This decision explains why I am dismissing the appeal.

Overview

[3] The Appellant applied for a survivor’s pension when her ex-spouse, P. K., passed away on July 1, 2021.^{Footnote 1} Her application was denied because she was neither living in a common-law relationship with the deceased, nor married to him at the time of his death.

[4] The Appellant asked the Minister to reconsider its decision on compassionate grounds. the Minister denied the Appellant’s reconsideration request stating it must apply the law to the Appellant’s case.^{Footnote 2} The Appellant appealed the Minister’s decision to the Tribunal’s General Division.

[5] The Appellant doesn’t dispute that at the time of her ex-spouse’s death, they were divorced. However, she says that the divorce was obtained fraudulently and asks that at least a portion of the survivor’s benefit be paid to her based on compassionate grounds.

Reasons for my decision

[6] The Appellant and the deceased were married on December 7, 1969.^{Footnote 3} They separated on August 25, 2015.^{Footnote 4} When she filed an application for survivor’s benefits, the Appellant thought they were still separated.^{Footnote 5}

[7] The Appellant later learned that she and her ex-spouse had been divorced since December 21, 2019^{Footnote 6} without her knowledge.^{Footnote 7} The Appellant said the divorce was obtained fraudulently because she never agreed to it. Unfortunately, the Tribunal cannot decide whether the divorce was obtained by fraud.^{Footnote 8}

[8] I must accept the evidence that exits. The evidence is that the Appellant and the deceased were divorced before he died, as supported by a Certificate of Divorce from the Superior Court of Justice in Ontario.^{Footnote 9}

[9] The Canada Pension Plan says that a survivor’s pension will be paid to the survivor of the deceased.^{Footnote 10} The survivor of the deceased is defined as the person in a common-law relationship with the deceased at the time of his death, or if the deceased didn’t have a common-law partner when he died, then the person that was married to the deceased when he passed away.^{Footnote 11}

[10] The Appellant was neither married to the deceased or in a common-law relationship with the deceased at the time of his death. Therefore, the Appellant doesn’t meet the definition of survivor and is not eligible to receive a survivor’s pension.

I have to follow the law

[11] The Appellant asked that she be given a portion of the survivor’s benefits on compassionate grounds. She detailed many traumas and difficulties she has and is currently experiencing, including financial difficulties. I am very compassionate to the Appellant’s circumstances. On her account, she has faced many tragedies and injustices. But I have to follow the law.^{Footnote 12} This means I can’t make a decision because I want to help the Appellant.

[12] The Appellant’s representative argued that she was entitled to some type of benefit. This appeal is only about survivor’s pension, so that is the only benefit I can make a decision about.

Conclusion

[13] The Appellant doesn’t meet the definition of survivor, so she is not eligible for a survivor’s pension.

[14] This means the appeal is dismissed.