Why some say Canada's 'gold-digger' legislation needs to go

Beverly Duffney says she used to be "marriage shy," until a girlfriend convinced her to go on a date with Ed, who is now her husband.

"As we dated and went out here, there and everywhere, I found out for myself that Edward was indeed a very, very upstanding and honourable man," she said.

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Their marriage has been full of joy and challenges.

Ed Duffney has bone cancer and rheumatoid arthritis, and his memory is starting to go. Beverlyspent several years caring for him full time before he moved into the ParkwoodInstitute, part of St. Joseph's Health Carein London, Ont.

Another challenge is the uncertainty of their future.

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Despite the fact they've been married for 15 years, Beverly, 77, won't be eligible for Ed'smilitary pension if the 83-year-oldpasses away.

That's because of Canada's so-called gold-diggerlegislation, which prevents the surviving spouses of military veterans and someother public servants from collecting pensions if the retiree got married after age 60.

Legislation called 'archaic'

The initial idea of the Canadian Forces Superannuation Act, which was enacted at the turn of the 20th century, was to prevent women from marrying veterans on their deathbeds in order to collecttheir pensions, saidLondon-FanshaweNDP MP Irene Mathyssen, who called the legislation "archaic."

Mathyssen'snew private member's bill,An Act to amend certain Acts in relation to survivor pension benefits,would do away with the after-60 clawback for spouses of military veterans andother public servants something she saidis long overdue.

"In light of the fact that people live longer and have all kinds of positive relationships after age 60, it just makes sense," she said. "These spouses care with such gentleness, such love, such devotion. To think of them being abandoned and left to penury is just not acceptable."

Ministry response

Eliminating the after-60 clause is also a part of Veterans Affairs Minister Seamus O'Regan's mandate.

A spokesperson for the minister said his office iscommitted to ending the clause, but couldn't comment on thetimeline or whether the legislation would be retroactive.

For the Duffneys, the idea ofBeverly as a "gold-digger"is laughable. When the two got married, Beverly saidEd commented on how lucky he was to marry a woman who was so independent.

"He said, 'Wasn't it wonderful I married a woman with a house and a car?'And thought that was very very humorous," she said.

Regardless, the legislation still affects the pair.

But Beverly said she's more concerned about enjoying whatevertime the two have left.

"We still love each other as much as much as the day we got married, so that's a bonus."