An Act to amend the Canadian Forces Superannuation Act and to make consequential amendments to other Acts (S.C. 2003, c. 26)
Full Document:
Assented to 2003-11-07
24. Section 51 of the Act is repealed.
25. Section 53 of the Act and the heading before it are repealed.
26. (1) Paragraph (b) of the definition “participant” in subsection 60(1) of the Act is repealed.
Marginal note:1992, c. 46, s. 52(3)
(2) The definition “participant” in subsection 60(1) of the Act is amended by adding the word “and” at the end of paragraph (c), by striking out the word “and” at the end of paragraph (d) and by repealing paragraph (e).
(3) The portion of paragraph (a) of the definition “salary” in subsection 60(1) of the Act before subparagraph (i) is replaced by the following:
(a) in the case of a participant who is a member of the regular force, the greater of
(4) Subsection 60(1) of the Act is amended by adding the following in alphabetical order:
“immediate annual allowance”
« allocation annuelle immédiate »
“immediate annual allowance” means an annual allowance payable within 30 days after the day on which a participant ceases to be a member of the regular force;
27. Paragraph 62(2)(b) of the Act is replaced by the following:
(b) may, within that period of thirty days, elect to continue to be a participant under this Part after the expiration of that period, and is, if on ceasing to be a member they are entitled under Part I or under the Defence Services Pension Continuation Act, chapter D-3 of the Revised Statutes of Canada, 1970, to an immediate annuity, immediate annual allowance or pension, as the case may be, deemed so to have elected within that period to continue to be a participant under this Part after the expiration of that period.
28. Section 63 of the Act is replaced by the following:
Marginal note:When public service participant deemed participant
63. Despite anything in this Part, a participant who becomes a public service participant ceases to be a participant under this Part, but, if on ceasing to be a public service participant they are not entitled to an immediate annuity or an immediate annual allowance under the Public Service Superannuation Act and are entitled under Part I or under the Defence Services Pension Continuation Act, chapter D-3 of the Revised Statutes of Canada, 1970, to an immediate annuity, immediate annual allowance or pension, they are deemed to have elected under subsection 62(1) to continue to be a participant under this Part.
29. The portion of subsection 67(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:To whom benefits paid
67. (1) Subject to section 83, benefits shall be paid as follows:
Marginal note:1992, c. 46, s. 54
30. Paragraph 68(1)(b) of the Act is replaced by the following:
(b) an amount that is the greater of
(i) an amount, representing an amount sufficient to cover the cost of the benefits that will become chargeable against the Account, as determined in accordance with the regulations, and
(ii) the aggregate of
(A) one twelfth of the benefit paid in respect of each participant who, at the time of death, was a member of the regular force or of the reserve force, for which benefit contributions under this Part were payable by the participant at that time,
(B) one twelfth of the benefit paid in respect of each elective participant who, on ceasing to be a member of the regular force was entitled under Part I or under the Defence Services Pension Continuation Act, chapter D-3 of the Revised Statutes of Canada, 1970, to an immediate annuity or pension, for which benefit contributions under this Part were payable by the participant at the time of death, and
(C) the amount of the single premium determined under the schedule in respect of each participant in respect of whom a benefit is payable without contribution under this Part by the participant for that benefit; and
Marginal note:1992, c. 46, s. 56
31. Section 70 of the Act is repealed.
32. (1) Paragraph 73(1)(d) of the Act is replaced by the following:
(d) respecting the manner of and time for making elections under this Part;
(2) Subsection 73(1) of the Act is amended by adding the following after paragraph (g):
(g.1) respecting the manner of determining the amount referred to in subparagraph 68(1)(b)(i);
Marginal note:1992, c. 46, s. 58
33. Paragraph (c) of the definition “recipient” in section 74 of the Act is repealed.
Marginal note:1992, c. 46, s. 58; 1999, c. 34, s. 164
34. Section 76 of the Act is repealed.
Marginal note:1992, c. 46, s. 58
35. The portion of subsection 78(5) of the Act before paragraph (a) is replaced by the following:
Marginal note:Minimum guaranteed amount
(5) Despite subsections (1), (2) and (4) but subject to section 79, the amount of the supplementary benefit that may be paid for a month in any year to a recipient shall not be less than an amount equal to the difference obtained by subtracting the amount of the pension that may be paid to the recipient for that month in that year from the aggregate of the supplementary benefit and the maximum pension that would have been payable to that recipient for that month in that year, otherwise than pursuant to this section, if the retirement month of the retirement year of the recipient had been that month in such year as is determined by
36. The Act is amended by adding the following after section 80:
Marginal note:Regulations regarding small benefits
81. (1) The Governor in Council may make regulations respecting the terms and conditions under which, the manner in which and the time within which, a person who is entitled to a periodic benefit under this Act, the annual amount of which is less than a prescribed amount, may be required, or may opt, to take a lump sum amount that is determined, in accordance with those regulations, to be the capitalized value of the periodic benefit, which lump sum amount shall be in place of any other benefit under Part I, I.1 or III to which they would otherwise be entitled.
Marginal note:Manner of payment
(2) A lump sum amount referred to in subsection (1) shall be payable directly to the person entitled if that amount is equal to or less than an amount prescribed. If the lump sum amount is more than that amount prescribed, it shall be payable in accordance with subsection 22(2) as if it were a transfer value, with any modifications that the circumstances require.
Marginal note:Regulations — recovery, etc., of amounts
82. The Governor in Council may make regulations respecting the manner in which amounts referred to in sections 86 to 89 may be reserved, recovered or retained, as the case may be, from any benefit payable under this Act.
Marginal note:Benefits not assignable, etc.
83. Subject to Part II of the Garnishment, Attachment and Pension Diversion Act and to the Pension Benefits Division Act,
(a) a benefit under this Act is not capable of being assigned, charged, anticipated or given as security and any transaction that purports to assign, charge, anticipate or give as security any such benefit is void;
(b) a benefit to which a person is entitled under Part I, I.1 or III is not capable of being surrendered or commuted during the lifetime of that person except under section 22, subsection 29(3) or section 81 or under regulations made under section 59.1, and any other transaction that purports to so surrender or commute any such benefit is void; and
(c) a benefit under this Act is exempt from attachment, seizure and execution, either at law or in equity.
Marginal note:Presumption of death
84. (1) If a person who is required to contribute under this Act, or who is entitled to a benefit under this Act or the former Act, has, either before or after the coming into force of this subsection, disappeared under circumstances that, in the opinion of the Minister, raise beyond a reasonable doubt a presumption that the person is dead, the Minister may determine the date for the purposes of this Act and the former Act on which that person’s death is presumed to have occurred, and that person is deemed for all purposes of this Act and the former Act to have died on that date.
Marginal note:Change of date
(2) If, after the date of a person’s death is determined by the Minister under subsection (1), new information or evidence is received by the Minister that the date of death is different, the Minister may determine a different date of death, in which case the person is deemed for all purposes of this Act and the former Act to have died on that different date.
Marginal note:Allowances paid to children
85. When a child is entitled to an annual allowance or other amount under this Act, payment of it shall, if the child is less than eighteen years of age, be made to the person having custody and control of the child, or, if there is no person having custody and control of the child, to the person whom the Minister may direct.
Marginal note:Reservation of unpaid instalments for elective service
86. If a person who has elected under this Act or Part V of the former Act to pay for any period of service and has undertaken to pay for that period of service in instalments ceases to be a member of the regular force or the reserve force, as the case may be, before all the instalments have been paid, the unpaid instalments may be reserved, in accordance with the regulations, from any amount payable to them by Her Majesty in right of Canada, including any periodic benefit payable to them under this Act, until such time as all the instalments have been paid, or the person dies, whichever occurs first.
Marginal note:Recovery of amounts due at time of death
87. When an amount payable by a person into the Superannuation Account, the Canadian Forces Pension Fund or a fund established under regulations made under section 59.1 by reservation from salary or otherwise has become due, but remains unpaid at the time of death, that amount, with interest at four per cent per annum from the time when it became due, may be recovered, in accordance with the regulations, from any allowance payable under this Act to the survivor or children of that person, without prejudice to any other recourse available to Her Majesty with respect to the recovery of it. Any amount so recovered shall be credited to the Superannuation Account or paid into the Canadian Forces Pension Fund or the fund established under regulations made under section 59.1, as the case may be, and is deemed to have been paid into the Superannuation Account, the Canadian Forces Pension Fund or the fund established under regulations made under section 59.1, as the case may be, by that person.
Marginal note:Retention of amount paid in error
88. If any amount has been paid in error under Part I, I.1 or III on account of any periodic benefit, the Minister may retain by way of deduction from any subsequent payment of that benefit, in accordance with the regulations, an amount equal to the amount paid in error, without prejudice to any other recourse available to Her Majesty with respect to the recovery of the amount paid in error.
Marginal note:Recovery of debit balance in pay account of former member
89. (1) Any debit balance in the pay account of a former member of the regular force or of the reserve force, as the case may be, may be recovered from any benefit to which they are entitled under this Act or from any amount that becomes payable under this Act to their service estate, whether the debit balance existed at the time of their retirement or was ascertained after that time.
Marginal note:Manner of recovery
(2) Recovery of a debit balance pursuant to this section shall be effected in the manner and to the extent that may be prescribed by the regulations, but, in the case of any benefit to which a former member of the regular force or of the reserve force, as the case may be, is entitled under this Act, such recovery shall not be effected unless notice of the existence of the debit balance and the amount of it has been given to them, or has been forwarded by registered mail addressed to them at their latest known address.
Marginal note:Diversion of payments to satisfy financial support order
90. (1) When any court in Canada of competent jurisdiction has made an order requiring a recipient to pay financial support, amounts payable under Part I, I.1 or III to that recipient are subject to being diverted to the person named in the order in accordance with Part II of the Garnishment, Attachment and Pension Diversion Act.
Marginal note:Where recipient unable to manage own affairs
(2) If, for any reason, a recipient is unable to manage their own affairs, or where the recipient is incapable of managing their own affairs and there is no person entitled by law to act as the recipient’s committee, the Receiver General may pay to any person designated by the Minister to receive payment on behalf of the recipient any amount that is payable to the recipient under Part I, I.1 or III.
Marginal note:Payment deemed to be to recipient
(3) For the purposes of Parts I, I.1 and III, any payment made by the Receiver General pursuant to subsection (1) or (2) is deemed to be a payment to the recipient in respect of whom the payment was made.
Marginal note:Definition
(4) For the purposes of this section, “recipient” means a person to whom any amount is or is about to become payable under Part I, I.1 or III.
Marginal note:Remission of overpayments
91. If a person has received or obtained an overpayment and the Minister is satisfied that
(a) the overpayment cannot be recovered within the reasonably foreseeable future,
(b) the administrative costs of recovering the overpayment are likely to equal or exceed the amount to be recovered, or
(c) repayment of the overpayment would cause undue hardship to the person,
the Minister may, unless that person has been convicted of an offence under the Criminal Code in connection with the receiving or obtaining of the overpayment, remit all or any portion of the overpayment.
Marginal note:Remedial action in case of error
92. If the Minister is satisfied that, as a result of erroneous advice or administrative error in the administration of this Act, a person has failed to make an election or exercise an option under this Act, the Minister may take any remedial action that the Minister considers appropriate to permit that person to make that election or exercise that option, as the case may be, on any terms and conditions that the Minister may determine, including as to the time for making the election or exercising the option and any amount payable in respect of the election.
Marginal note:Request for reconsideration
93. (1) A person who is dissatisfied with any decision made under this Act that affects their benefits, or their entitlement to benefits, under this Act may, within 90 days after the day on which the dissatisfied party was notified of the decision, or within any longer period that the Minister may either before or after the expiration of those 90 days allow, make a request to the Minister in the form and manner prescribed by regulation for a reconsideration of that decision.
Marginal note:Reconsideration by Minister
(2) The Minister shall reconsider any decision referred to in subsection (1) and may confirm or vary it and shall in writing notify the person who made the request under that subsection of the Minister’s decision and of the reasons for it.
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