2005 and 2010 for precisely the same reason: as a result of the
divorce in 1992, Cora was not John’s widow at the time of his
death as required by rule 6(6). The application and interpretation
of that rule is and always has been at the core of the dispute.
 While sufficient to dispose of the action, I turn to the
interpretation issue in case the action was commenced in a
D. The Interpretation Issue
 As noted, the plan contemplated payment of survivor benefits to the former employee’s “widow”.
 Cora’s counsel submitted that status was to be determined at the date of John’s retirement, rather than death. As
noted, the parties were married when John retired in 1980.
 The plaintiff relies on Smiley v. Ontario (Pension Board),
1994 CarswellOnt 403 (Gen. Div.). Relying on s. 44(1) of Ontario’s Pension Benefits Act, R.S.O. 1990, c. P.8, the court concluded
that the status of the claimant was to be determined when the
first instalment of the pension was due. Since the spouses had
not yet separated, the claimant was entitled to survivor benefits.
That right was not affected by their subsequent divorce.
 This case is distinguishable. The plan is subject to federal
legislation, the Pension Benefits Standards Act, 1985, R.S.C.
1985, c. 32 (2nd Supp.) (“PBSA”). The PBSA did not contain language equivalent to its provincial counterpart. Some provisions
were mandated and others permitted by the federal statute.
In the latter category was the provision of an annuity to a survivor or to the estate of the former employee after death.3 The
PBSA went no further. No particular words were required.
The date on which a claimant’s status was to be determined was
 In those circumstances, the court must look to the plan
and the Rules. As mentioned earlier, the latter contained a pro-
vision dealing with survivor benefits as the PBSA permitted. For
ease of reference, the text of rule 6(6) is repeated below:
On the death of a pensioner, survivor benefits equal to one-half of his pen-
sion shall be paid
(a) To his widow during her lifetime, or
(b) To his estate during the remainder of a ten-year period from the
date of his retirement if within that period his widow dies or he
dies without leaving a widow.
3 Section 10(2)(d)( i).