Jobs and Growth Act, 2012 (S.C. 2012, c. 31)
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Assented to 2012-12-14
PART 4VARIOUS MEASURES
Division 23Public Sector Pensions
Transitional Provision
Marginal note:Retroactive regulations
501. Regulations made under paragraph 42.1(1)(v.2) of the Public Service Superannuation Act in order to implement the provisions enacted by sections 475 to 500 of this Act may, if they so provide, be retroactive and have effect with respect to any period before they are made that begins on or after January 1, 2013.
Consequential Amendments
R.S., c. G-2Garnishment, Attachment and Pension Diversion Act
Marginal note:1997, c. 1, s. 33
502. (1) Paragraphs 35.1(1)(b) and (c) of the Garnishment, Attachment and Pension Diversion Act are replaced by the following:
(b) is not a recipient but has exercised an option for a deferred annuity under any of sections 12 to 13.001 of the Public Service Superannuation Act or is entitled to do so, and
(c) has reached 50 years of age but has not yet reached 60 years of age, if the person has exercised an option under section 12 or 13 of the Public Service Superannuation Act or is entitled to do so, or has reached 55 years of age but has not yet reached 65 years of age, if the person has exercised an option under section 12.1 or 13.001 of that Act or is entitled to do so,
Marginal note:1997, c. 1, s. 33
(2) The portion of subsection 35.1(2) of the Act before paragraph (a) is replaced by the following:
Marginal note:Order
(2) A court to whom an application is made under subsection (1) may make an order deeming the person against whom there is a valid and subsisting financial support order to have exercised an option under any of sections 12 to 13.001 of the Public Service Superannuation Act in favour of an annual allowance payable as of the date of the making of the order under this subsection if the court is satisfied that
1992, c. 46, Sch. ISpecial Retirement Arrangements Act
Marginal note:2002, c. 17, s. 29(2)
503. Paragraph 11(3)(a) of the Special Retirement Arrangements Act is replaced by the following:
(a) subsection 5(6) of the Public Service Superannuation Act;
R.S., c. R-11Royal Canadian Mounted Police Superannuation Act
Amendments to the Act
Marginal note:1999, c. 34, s. 169(1)
504. The portion of the definition “contributor” in subsection 3(1) of the Royal Canadian Mounted Police Superannuation Act before paragraph (b) is replaced by the following:
“contributor”
« contributeur »
“contributor” means a person who is required by section 5 to contribute to the Royal Canadian Mounted Police Pension Fund, and includes, unless the context otherwise requires,
(a) a person who has ceased to be required by this Act to contribute to the Superannuation Account or the Royal Canadian Mounted Police Pension Fund, and
Marginal note:1999, c. 34, s. 171
505. Section 5 of the Act is replaced by the following:
Marginal note:Contribution rates — 2013 and later
5. (1) A member of the Force is required to contribute to the Royal Canadian Mounted Police Pension Fund, in respect of every portion of the period beginning on January 1, 2013, by reservation from pay or otherwise, at the contribution rates determined by the Treasury Board in respect of that portion on the joint recommendation of the President of the Treasury Board and the Minister.
Marginal note:Contribution rates — 35 years of service
(2) 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 (1) but is required to contribute, by reservation from pay or otherwise, to the Royal Canadian Mounted Police 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 joint recommendation of the President of the Treasury Board and the Minister.
Marginal note:Limitation — determination of contribution rate
(3) In determining the contribution rates for the purposes of subsections (1) and (2), the rates must not exceed the rates paid under section 5 of the Public Service Superannuation Act by Group 1 contributors described in subsection 12(0.1) of that Act.
Marginal note:Other pensionable service
(4) For the purpose of subsection (2), “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
(a) out of the Consolidated Revenue Fund, or out of any account in the accounts of Canada other than the Superannuation Account; or
(b) out of the Canadian Forces Pension Fund within the meaning of the Canadian Forces Superannuation Act or the Public Service Pension Fund within the meaning of the Public Service Superannuation Act.
Marginal note:Contributions not required
(5) 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 pay that is in excess of the annual rate of pay that is fixed by or determined in the manner prescribed by the regulations.
Marginal note:Exception
(6) A member of the Force who is engaged to work on average fewer than a number of hours per week or days per year prescribed in the regulations shall not contribute under this Act.
Marginal note:1999, c. 34, s. 172(1)
506. Clause 6(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) and (2), as they read on December 31, 2012, to contribute to the Superannuation Account or the Royal Canadian Mounted Police Pension Fund, and any period during which he or she is required by subsection 5(1) to contribute to the Royal Canadian Mounted Police Pension Fund,
Marginal note:1999, c. 34, s. 174(1)
507. (1) Subparagraphs 7(1)(d)(iv) and (v) of the Act are replaced by the following:
(iv) 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), as it read on December 31, 2003, in respect of that period or portion,
(v) 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(2), as it read on December 31, 2012, in respect of that period or portion, and
(vi) if that period or any portion of it was after 2012, in the manner set out in subsection 5(1) 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. 174(1)
(2) Subparagraphs 7(1)(e)(iv) and (v) of the Act are replaced by the following:
(iv) 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), as it read on December 31, 2003, in respect of that period or portion,
(v) 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(2), as it read on December 31, 2012, in respect of that period or portion, and
(vi) if that period or any portion of it was after 2012, in the manner set out in subsection 5(1) 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. 177
508. Subsection 10(5) of the Act is replaced by the following:
Marginal note:Computation of average annual pay
(5) For the purposes of subparagraphs (1)(a)(ii) and (iii), a period of service during which a person continues to be a member of the Force and is required to make contributions under subsection 5(2), or was required to make contributions under subsection 5(5), (6) or (7) as it read on December 31, 2012, is deemed to be a period of pensionable service to his or her credit.
Marginal note:1999, c. 34, s. 190(1)
509. Subparagraphs 24(1)(b)(iv) and (v) of the Act are replaced by the following:
(iv) 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), as it read on December 31, 2003, in respect of that period or portion,
(v) 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(2), as it read on December 31, 2012, in respect of that period or portion, and
(vi) if that period or any portion of it was after 2012, in the manner set out in subsection 5(1) 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. 192
510. Paragraphs 25.1(2)(b) and (c) of the Act are replaced by the following:
(b) three persons appointed from among persons required to contribute to the Royal Canadian Mounted Police Pension Fund who are nominated for appointment by a body that, in the Minister’s opinion, represents such persons;
(c) two persons appointed from among persons required to contribute to the Royal Canadian Mounted Police Pension Fund; and
Marginal note:2009, c. 13, s. 8(1)
511. (1) Paragraph 26.1(1)(a) of the Act is replaced by the following:
(a) fixing an annual rate of pay for the purposes of subsection 5(5) or paragraph 10(4)(b) or prescribing the manner of determining the annual rate of pay;
Marginal note:1999, c. 34, s. 194(2)
(2) Paragraph 26.1(1)(c.1) of the Act is replaced by the following:
(c.1) prescribing the number of hours per week and the number of days per year for the purposes of subsection 5(6), clauses 6(b)(ii)(F.1), (M) and (N) and paragraph 7(1)(i);
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