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An Act to amend the Canadian Forces Superannuation Act and to make consequential amendments to other Acts (S.C. 2003, c. 26)

Assented to 2003-11-07

1992, c. 46, Sch. ISpecial Retirement Arrangements Act

Marginal note:2002, c. 17, s. 28

65. Subparagraph 10(a)(ii) of the Special Retirement Arrangements Act is replaced by the following:

  • (ii) who is required to contribute to the Canadian Forces Superannuation Account referred to in section 4 of the Canadian Forces Superannuation Act, to the Canadian Forces Pension Fund as defined in subsection 2(1) of that Act or to a fund established under regulations made under section 59.1 of that Act,

Marginal note:2002, c. 17, s. 29(1)

66. Paragraph 11(1)(b) of the Act is replaced by the following:

  • (b) who, on or after that day, is required to contribute to the Canadian Forces Superannuation Account referred to in section 4 of the Canadian Forces Superannuation Act, to the Canadian Forces Pension Fund as defined in subsection 2(1) of that Act or to a fund established under regulations made under section 59.1 of that Act and whose annual rate of pay is greater than the annual rate of pay that is fixed by the regulations made under paragraph 50(1)(g) of that Act or is greater than the annual rate that may be determined in the manner prescribed by those regulations;

TRANSITIONAL PROVISIONS

Marginal note:Return of contributions

67. A contributor who ceases to be a member of the regular force, as defined in subsection 2(1) of the Canadian Forces Superannuation Act, and is not entitled to an immediate annuity under Part I of that Act is entitled, at their option, exercised in accordance with the regulations under that Act, to a return of contributions if they have been a member continuously from the day immediately before the coming into force of this section until the day on which they ceased to be a member and they ceased to be a member of the regular force before the earliest of

  • (a) the day that is two years after the coming into force of this section,

  • (b) the day on which they have 20 years of service in the regular force that counts as pensionable service, and

  • (c) the day on which they have reached the retirement age that is fixed by the regulations made under the National Defence Act as the retirement age applicable to their rank and have not less than 10 years of service in the regular force that counts as pensionable service.

Marginal note:Child resuming attendance at school or university

68. If, before the coming into force of subsection 25(5) of the Canadian Forces Superannuation Act, as enacted by section 15 of this Act, payment of an allowance to a person ceased because, not being in full-time attendance at a school or university, that person was not a child within the meaning of paragraph 25(4)(b) of that Act, as that provision read before that coming into force, payment of the allowance to the person shall be resumed from the day that the person is a child within the meaning of paragraph 25(5)(b) of that Act, as enacted by section 15 of this Act, but in no case shall payment be made under this section from a day that is earlier than that coming into force.

Marginal note:Application of section 45

69. Section 45 applies only with respect to contributors who cease to be members of the Royal Canadian Mounted Police on or after the day on which this section comes into force.

COORDINATING AMENDMENT

Bill C-25

  • 70. (1) Subsections (2) to (4) apply if Bill C-25, introduced in the 2nd Session of the 37th Parliament and entitled the Public Service Modernization Act (the “other Act”), receives royal assent.

  • (2) If section 136 of the other Act is not in force on the day on which subsection 4(2) of this Act comes into force, then, on that coming into force, section 136 of the other Act is repealed.

  • (3) If section 136 of the other Act and subsection 4(2) of this Act come into force on the same day, then subsection 4(2) of this Act is deemed to have come into force first, and subsection (2) applies.

  • (4) If subparagraph 225(z.19)(xv) of the other Act comes into force before or on the same day as section 50 of this Act, then, on the coming into force of that section 50, subsection 13.01(1) of the English version of the Public Service Superannuation Act is replaced by the following:

    Marginal note:Transfer value

    • 13.01 (1) Despite any other provision of this Act, except subsections 40(7) and 40.2(6), but subject to the regulations, a contributor who has ceased to be employed in the public service and is not entitled to an immediate annuity and has to the contributor’s credit two or more years of pensionable service is entitled, in the place of any other benefit under this Act to which the contributor would otherwise be entitled in respect of that period of pensionable service, to a transfer value that is payable to the contributor in accordance with subsection (2).

COMING INTO FORCE

Marginal note:Coming into force

71. The provisions of this Act, other than section 70, and the provisions of any Act as enacted by this Act, come into force on a day or days to be fixed by order of the Governor in Council.

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