The defendants brought a Rule 21 motion to strike the plaintiff’s statement of claim alleging entitlement to a survivor’s pension following the death of her separated spouse.
The court considered the Pension Benefits Act provisions governing mandatory joint and survivor pensions and the effect of spouses living separate and apart at the relevant time.
It held that because the spouses were separated when the first pension payment became due, the statutory requirement for a joint and survivor pension did not apply and the guardian of property was entitled to elect a single life annuity for the member’s benefit.
No duty of care was owed by the Public Guardian and Trustee to the separated spouse, and the pleadings disclosed no reasonable cause of action.
The statement of claim was struck, but leave was granted to deliver a fresh claim against the pension administrator only if based on a possible mandatory plan provision requiring a joint and survivor annuity.
