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
Marginal note:1996, c. 18, s. 35
52. Paragraph 42.1(1)(v.4) of the Act is replaced by the following:
(v.4) respecting the manner of determining the amount of a transfer value within the meaning of section 10, the terms and conditions under which a contributor may become entitled to a transfer value and any other matters that the Governor in Council considers necessary for the purposes of carrying out section 13.01;
53. Subsection 51(4) of the Act is replaced by the following:
Marginal note:When regular force participant deemed participant
(4) Despite anything in this Part, a participant who becomes a regular force participant ceases to be a participant under this Part, but if on ceasing to be a regular force participant they are not entitled to an immediate annuity or an immediate annual allowance under the Canadian Forces Superannuation Act and are entitled to an immediate annuity or an immediate annual allowance under Part I, they are deemed to have elected under subsection (1) to continue to be a participant under this Part.
Marginal note:1992, c. 46, s. 30
54. The portion of subsection 69(6) of the Act before paragraph (a) is replaced by the following:
Marginal note:Minimum guaranteed amount
(6) Despite subsections (1), (2) and (5) but subject to section 70, 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
55. The Act is amended by adding the following after section 71:
Marginal note:Regulations
72. (1) The Governor in Council may make regulations respecting the manner in which and the extent to which any provisions of this Act or of any regulations made under this Act apply in respect of any service in the reserve force of the Canadian Forces of a contributor and adapting any of those provisions for the purposes of that application.
Marginal note:Retroactive application of regulations
(2) Regulations made under subsection (1) may, if they so provide, be retroactive and have effect with respect to any period before they are made.
R.S., c. R-11Royal Canadian Mounted Police Superannuation Act
56. Clause 6(b)(ii)(I) of the Royal Canadian Mounted Police Superannuation Act is replaced by the following:
(I) any period of service in respect of which the contributor was entitled to be paid or was granted a return of contributions or other lump sum payment, other than a transfer value or a commuted value, under this Part or under Part V of the former Act, if the contributor elects, within one year after subsequently becoming a contributor under this Part, to pay for that service,
57. (1) Subsection 9(1) of the Act is amended by adding the following in alphabetical order:
“transfer value”
« valeur de transfert »
“transfer value” means a lump sum amount, representing the value of the contributor’s pension benefits, as determined in accordance with the regulations.
(2) Subsection 9(4) of the Act is repealed.
Marginal note:1999, c. 26, s. 16(3)
58. Subsection 10(6) of the Act is replaced by the following:
Marginal note:Application
(6) Subparagraphs (1)(a)(ii) and (iii), as enacted by subsection 16(1) of the Budget Implementation Act, 1999, apply with respect to benefits payable to or in respect of a person who contributes under section 5 on or after June 17, 1999 but do not apply to a person who became entitled to an annuity before that date, is re-appointed to or re-enlisted in the Force and is a contributor referred to in section 23 and who, on subsequently ceasing to be a member of the Force, is only entitled to a return of contributions.
Marginal note:1999, c. 34, s. 180(1)
59. (1) The portion of subsection 13(1) of the Act after paragraph (a) is replaced by the following:
(b) in the case of each child, an immediate annual allowance equal to one-fifth of the basic allowance or, if the contributor died without leaving a survivor, the survivor is dead or the survivor is not entitled to receive an allowance under this Part, other than an immediate annual allowance under section 14.1, two-fifths of the basic allowance,
but the total amount of the allowances paid under paragraph (b) shall not exceed four-fifths of the basic allowance or, if the contributor died without leaving a survivor, the survivor is dead or the survivor is not entitled to receive an allowance under this Part, other than an immediate annual allowance under section 14.1, eight-fifths of the basic allowance.
Marginal note:1999, c. 34, s. 180(2)
(2) Subsection 13(3) of the Act is replaced by the following:
Marginal note:Benefits
(3) On the death of a contributor who was a member of the Force at the time of death, having to his or her credit a period of pensionable service equal to or greater than the period prescribed by the regulations, the survivor and children of the contributor are entitled to the annual allowances to which they would have been entitled under subsection (1) had the contributor, immediately before death, become entitled under this Part to an annuity or annual allowance.
Marginal note:1999, c. 34, s. 181
60. The portion of section 14 of the Act before paragraph (a) is replaced by the following:
Marginal note:Benefits payable on death
14. On the death of a contributor who was a member of the Force at the time of death, having to his or her credit a period of pensionable service less than the period prescribed by the regulations, the survivor and children of the contributor, in any case where the contributor died leaving a survivor or a child less than eighteen years of age, are entitled jointly to a death benefit equal to
Marginal note:1999, c. 34, s. 189
61. Paragraph 23(a) of the Act is replaced by the following:
(a) if, on subsequently ceasing to be a member of the Force, he or she is not entitled under this Part to any benefit other than a return of contributions, the amount returned shall not include any amount paid into the Superannuation Account or the Royal Canadian Mounted Police Pension Fund to his or her credit at any time before the time of his or her re-appointment to or re-enlistment in the Force, and whatever right or claim that, but for this section, he or she would have had to the original annuity on subsequently ceasing to be a member of the Force shall then be restored to him or her; and
Marginal note:1999, c. 34, s. 194(2)
62. (1) Paragraph 26.1(1)(c.2) of the Act is replaced by the following:
(c.2) respecting the manner of determining the amount of a transfer value within the meaning of subsection 9(1), the terms and conditions under which a contributor may become entitled to a transfer value and any other matters that the Governor in Council considers necessary for the purposes of carrying out section 12.1;
Marginal note:1999, c. 34, s. 194(3)
(2) Paragraph 26.1(1)(h.2) of the Act is replaced by the following:
(h.2) prescribing periods of service in the Force and periods of pensionable service for the purposes of sections 11, 12.1, 13 and 14, these periods being in no case shorter than two years or longer than, in the case of paragraphs 11(7)(a) and 11(8)(a) and sections 13 and 14, five years, in the case of paragraphs 11(1)(a), 11(2)(a), 11(3)(a) and 11(5)(a), subparagraph 11(9)(b)(iii), subsection 11(11) and section 12.1, ten years, in the case of paragraphs 11(3)(c) and 11(5)(c), twenty years, in the case of paragraph 11(5)(d) and subparagraph 11(9)(b)(ii), twenty-five years, in the case of paragraph 11(9)(a) and clause 11(9)(b)(iii)(B), thirty years, and in the case of subsection 11(12), thirty-five years;
Marginal note:1992, c. 46, s. 80
63. The portion of subsection 39(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 40, 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
64. The Act is amended by adding the following after section 41:
Marginal note:Regulations
42. (1) The Governor in Council may make regulations respecting the manner in which and the extent to which any provisions of this Act or of any regulations made under this Act apply in respect of any service in the reserve force of the Canadian Forces of a contributor and adapting any of those provisions for the purposes of that application.
Marginal note:Retroactive application of regulations
(2) Regulations made under subsection (1) may, if they so provide, be retroactive and have effect with respect to any period before they are made.
Marginal note:Powers of Treasury Board
(3) The Treasury Board may, in addition to the powers conferred on it by paragraph 7(2)(d) of the Financial Administration Act, exercise the powers of the Governor in Council under this section.
- Date modified: