Part IIOrderPublished: May 24, 2023

Canada Pension Plan benefit calculation fixes

Order Fixing the Day After the Day on Which this Order is Made as the Day on Which Division 28 of Part 5 of the Budget Implementation Act, 2022, No. 1 Comes into Force: SI/2023-14

This Order brings Division 28 of Part 5 of the Budget Implementation Act, 2022, No. 1 into force, clarifying eligibility and calculation rules for the Post‑Retirement Disability Benefit and the disability and child‑rearing drop‑ins. The Order was made May 4, 2023 and the provisions came into force on May 5, 2023; required provincial consent was obtained and the government says there is no expected fiscal impact on the CPP.

Published
May 24, 2023
Department
Unavailable
Section
Order Fixing the Day After the Day on Which this Order is Made as the Day on Which Division 28 of Part 5 of the Budget Implementation Act, 2022, No. 1 Comes into Force
Comment deadline
Unavailable
Effective date
May 5, 2023
Publication part
Part II

Summary

Summary#

This Order brings Division 28 of Part 5 of the Budget Implementation Act, 2022, No. 1 into force for parts of the Canada Pension Plan that fix how some disability and child‑rearing credits are calculated. It took effect the day after the Order was made — the Order was made on May 4, 2023, so the provisions came into force on May 5, 2023.

What it does#

  • Brings into force the amendments in Division 28 of Part 5 of the Budget Implementation Act, 2022, No. 1 that change how certain Canada Pension Plan rules are read and applied.
  • For the Post‑Retirement Disability Benefit:
    • Specifies the start and end dates for the Minimum Qualifying Period so eligibility matches the original policy intent.
    • Aligns the Minimum Qualifying Period with the disability pension rule of contributions in at least 4 of the last 6 years, or 3 of the last 6 years for contributors with 25 or more years of contributions.
    • Clarifies that contributions made while receiving a retirement pension can be used for eligibility calculations.
  • For the disability drop‑in:
    • Ensures the month someone becomes disabled is included in their contributory period.
    • Requires prorating the Year’s Maximum Pensionable Earnings (YMPE) for years in which a contributor turns 18.
    • The drop‑in amount is based on 70% of average pensionable earnings in the six years before disability (this calculation is clarified by the amendments).
  • For the child‑rearing drop‑in:
    • Requires prorating the YMPE for years in which a contributor turns 18 so the five‑year average used in that drop‑in is calculated consistently.
    • The child‑rearing drop‑in is based on the average pensionable earnings in the 5 years before a child’s birth or adoption.
  • Confirms that the required provincial consent (from at least two thirds of provinces representing at least two thirds of the population) was obtained.

Who's affected#

  • People who retired before 65 and later become disabled and who may qualify for the Post‑Retirement Disability Benefit.
  • People with disabilities whose benefit calculations use the disability drop‑in.
  • Primary caregivers of young children who use the child‑rearing drop‑in when pension amounts are calculated.
  • Contributors whose benefit calculations include a year in which they turn 18, because the YMPE will be prorated for those years.
  • The amendments are described as technical and are expected to affect a small number of people; the source does not give an exact number.

Why it matters#

  • These changes fix ambiguities so benefit eligibility and amounts are calculated the way policymakers originally intended. That can prevent people from being wrongly excluded or miscalculated.
  • For affected individuals, the result may be clearer eligibility decisions or slightly different benefit calculations in some cases.
  • The government says there is no impact on the overall financial position of the Canada Pension Plan; the changes are meant to align the law with existing policy rather than change benefit levels broadly.
  • Published guidance and communications about the Canada Pension Plan will be reviewed and updated to reflect the clarified rules.

Key topics

Budget Implementation Act, 2022, No. 1Canada Pension PlanCPPPost-Retirement Disability Benefitdisability drop-inchild-rearing drop-inYear's Maximum Pensionable EarningsYMPEMinimum Qualifying Periodsubsection 114(4) of the Canada Pension Planpension benefitspension eligibilityDepartment of Finance

Source: Canada Gazette

Official source