Coordinating Amendments

Marginal note:2003, c. 26

• 474. (1) In this section, “other Act” means An Act to amend the Canadian Forces Superannuation Act and to make consequential amendments to other Acts, chapter 26 of the Statutes of Canada, 2003.

• (2) If section 5 of the other Act comes into force before subsections 467(1) to (3) of this Act, then those subsections 467(1) to (3) are repealed.

• (3) If section 5 of the other Act comes into force on the same day as subsections 467(1) to (3) of this Act, then those subsections 467(1) to (3) are deemed to have come into force before that section 5.

• (4) If section 5 of the other Act comes into force before subsection 467(4) of this Act, then that subsection 467(4) and section 468 of this Act are repealed.

• (5) If section 5 of the other Act comes into force on the same day as subsection 467(4) of this Act, then that subsection 467(4) and section 468 of this Act are deemed to have come into force before that section 5.

• (6) If section 21 of the other Act comes into force before section 470 of this Act, then that section 470 is repealed.

• (7) If section 21 of the other Act comes into force on the same day as section 470 of this Act, then that section 470 is deemed to have come into force before that section 21.

R.S., c. P-36Public Service Superannuation Act

Amendments to the Act

Marginal note:1999, c. 34, s. 53(2)

475. The portion of the definition “contributor” in subsection 3(1) of the Public Service Superannuation Act before paragraph (b) is replaced by the following:

Marginal note:1999, c. 34, s. 55(1); 2003, c. 22, subpar. 225(z.19)(iv)(E)

• 476. (1) The portion of subsection 5(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Persons required to contribute

  • 5. (1) Subsections (2) and (3) apply to persons employed in the public service, other than

• Marginal note:1999, c. 34, s. 55(2)

  (2) Paragraph 5(1)(d) of the Act is repealed.

• Marginal note:1999, c. 34, s. 55(4)

  (3) Subsections 5(1.1) to (4) of the Act are replaced by the following:

  • Marginal note:Contribution rates — 2013 and later

    (2) A person is required to contribute to the Public Service Pension Fund, in respect of every portion of the period beginning on January 1, 2013, by reservation from salary or otherwise, at the contribution rates determined by the Treasury Board in respect of that portion on the recommendation of the Minister.

  • Marginal note:Contribution rates — 35 years of service

    (3) A person who has to his or her credit, on or after January 1, 2013, a period of pensionable service — or a period of pensionable service and other pensionable service — totalling at least 35 years is not required to contribute under subsection (2) but is required to contribute, by reservation from salary or otherwise, to the Public Service Pension Fund, in respect of the period beginning on the later of January 1, 2013 and the day on which the person has to his or her credit those 35 years, in addition to any other amount required under this Act, at the rates determined by the Treasury Board on the recommendation of the Minister.

  • Marginal note:Limitation — determination of contribution rates

    (4) In determining the contribution rates of Group 1 contributors described in subsection 12(0.1) and of Group 2 contributors described in subsection 12.1(1) for the purposes of subsections (2) and (3), the rates must not result in a total amount of contributions that would exceed 50% of the current service cost of Group 1 or Group 2, as the case may be, for the portion of the period in respect of the benefits payable under Parts I and III.

• Marginal note:1999, c. 34, s. 55(4)

  (4) The portion of subsection 5(5) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Other pensionable service

    (5) For the purpose of subsection (3), “other pensionable service” means years of service giving rise to a superannuation or pension benefit of a kind specified in the regulations that is payable

• Marginal note:1999, c. 34, s. 55(4)

  (5) Subsection 5(6) of the Act is replaced by the following:

  • Marginal note:Contributions not required

    (6) Despite anything in this Part, no person shall, in respect of any period of his or her service on or after December 15, 1994, make a contribution under this Part in respect of any portion of his or her annual rate of salary that is in excess of the annual rate of salary that is fixed by or determined in the manner prescribed by the regulations.

Marginal note:1999, c. 34, s. 59(1)

• 477. (1) Clause 6(1)(a)(i)(B) of the Act is replaced by the following:

  • (B) any period during which he or she was required by subsections 5(1.1) and (1.2), as they read on December 31, 2012, to contribute to the Superannuation Account or the Public Service Pension Fund,

• Marginal note:1999, c. 34, s. 59(2)

  (2) Clause 6(1)(a)(ii)(A) of the Act is replaced by the following:

  • (A) any period during which he or she was required by subsections 5(1.1) and (1.2), as they read on December 31, 2012, to contribute to the Superannuation Account or the Public Service Pension Fund and any period during which he or she is required by subsection 5(2) to contribute to the Public Service Pension Fund,

• Marginal note:1999, c. 34, s. 59(3)

  (3) Clause 6(1)(a)(iii)(A) of the Act is replaced by the following:

  • (A) any period of service that may be counted by that contributor as pensionable service under section 29 or subsection 35(2), 40(11), (11.1) or (13) or 40.2(9),

• Marginal note:1999, c. 34, s. 59(4); 2003, c. 22, subpar. 225(z.19)(viii)(E)

  (4) Clause 6(1)(a)(iii)(D) of the Act is replaced by the following:

  • (D) any period of service in the public service before becoming a contributor under this Part during which he or she contributed to the Superannuation Account or the Public Service Pension Fund in the manner and at the rates set out in subsections 5(1.1) and (1.2), as they read on December 31, 2012, if that service is service for which he or she might have elected, under this Part or Part I of the Superannuation Act on subsequently becoming a contributor under those Parts, to pay, but for which he or she failed so to elect within the time prescribed for elections,

  • (D.1) any period of service in the public service before becoming a contributor under this Part during which he or she contributed to the Public Service Pension Fund in the manner set out in subsection 5(2) and at the rates determined by the Treasury Board under that subsection if that service is service for which he or she might have elected, under this Part on subsequently becoming a contributor under this Part, to pay, but for which he or she failed so to elect within the time prescribed for elections, and

Marginal note:1999, c. 34, s. 60

• 478. (1) Subparagraphs 7(1)(e)(iii) and (iv) of the Act are replaced by the following:

  • (iii) if that period or any portion of it was after 1999 but before January 1, 2004, in the manner and at the rates set out in subsection 5(1.1), as it read on December 31, 2003, in respect of that period or portion,

  • (iv) if that period or any portion of it was after 2003 but before January 1, 2013, in the manner and at the rates determined under subsection 5(1.2), as it read on December 31, 2012, in respect of that period or portion, and

  • (v) if that period or any portion of it was after 2012, in the manner set out in subsection 5(2) and at the rates determined by the Treasury Board under that subsection, in respect of that period or portion,

• Marginal note:1999, c. 34, s. 60

  (2) Subparagraphs 7(1)(f)(iii) and (iv) of the Act are replaced by the following:

  • (iii) if that period or any portion of it was after 1999 but before January 1, 2004, in the manner and at the rates set out in subsection 5(1.1), as it read on December 31, 2003, in respect of that period or portion,

  • (iv) if that period or any portion of it was after 2003 but before January 1, 2013, in the manner and at the rates determined under subsection 5(1.2), as it read on December 31, 2012, in respect of that period or portion, and

  • (v) if that period or any portion of it was after 2012, in the manner set out in subsection 5(2) and at the rates determined by the Treasury Board under that subsection, in respect of that period or portion,

• 479. (1) The definition “deferred annuity” in subsection 10(1) of the Act is replaced by the following:

  “deferred annuity”

  « pension différée »

  “deferred annuity” means an annuity that becomes payable to the contributor at the time he or she reaches 60 years of age, in the case of a Group 1 contributor described in subsection 12(0.1), or 65 years of age, in the case of a Group 2 contributor described in subsection 12.1(1);

• Marginal note:1999, c. 34, s. 62(1); 2003, c. 22, subpar. 225(z.19)(xi)(E)

  (2) Paragraphs (a) and (b) of the definition “cash termination allowance” in subsection 10(1) of the Act are replaced by the following:

  • (a) at the time he or she ceases to contribute to the Public Service Pension Fund, or

  • (b) in the case of a contributor who continues to be employed in the public service after having ceased to contribute to the Public Service Pension Fund under subsection 5(2) or (3), at the time he or she ceases to be employed in the public service,

• (3) The portion of subsection 10(5) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Options

    (5) When, under any of sections 12 to 13.001, a contributor is entitled to a benefit specified in that section at his or her option,

• Marginal note:2003, c. 22, subpar. 225(z.19)(xi)(E)

  (4) Subsections 10(6) to (8) of the Act are replaced by the following:

  • Marginal note:Revocation of option

    (6) When, under any of sections 12 to 13.001, a contributor is entitled to a benefit specified in that section at his or her option, the option may be revoked and a new option exercised by the contributor, under the circumstances and on the terms and conditions that the Governor in Council by regulation prescribes.

  • Marginal note:Contributor re-employed before payment of return of contributions

    (7) If a contributor who is entitled under any of sections 12 to 13.001 to a return of contributions becomes re-employed in the public service and a contributor under this Part before those contributions have been paid to him or her, the period of pensionable service to which those contributions relate (except any such period specified in clause 6(1)(a)(iii)(C) or (E)) shall be counted as pensionable service for the purposes of this Part, and the amount of those contributions shall, in lieu of being paid to him or her, be applied in payment of or on account of the amount required by this Part to be paid by him or her for that service.

  • Marginal note:Annuity in respect of locked-in contributions

    (8) A contributor who has to his or her credit a period of pensionable service in respect of which no amount can, by virtue of subsection 40(9), be paid to an approved employer is entitled in respect of that service, on ceasing to be employed in the public service, to a benefit specified in whichever of sections 12 to 13.001 that applies to him or her, other than a cash termination allowance or a return of contributions.