Canadian Forces Superannuation Act (R.S.C., 1985, c. C-17)

Marginal note:Benefit payable

77 Subject to this Part, a supplementary benefit is payable to every recipient.

Marginal note:Calculation of benefit

• 78 (1) The supplementary benefit payable to a recipient for a month in any year shall be calculated with reference to the retirement year of the recipient and shall be equal to the amount of the supplementary retirement benefit that would be payable with respect to the recipient’s pension under section 4 of the Supplementary Retirement Benefits Act if that Act applied to the recipient.

• Marginal note:Exception for first year benefits received

  (2) The supplementary benefit payable to a recipient for a month in the year immediately following the recipient’s retirement year is equal to the product obtained by multiplying

  • (a) the amount of the supplementary benefit that would, but for this section, be payable to the recipient for that month

  by

  • (b) the ratio that the number of complete months that remained in the retirement year after the retirement month bears to twelve.

• Marginal note:Determination of retirement year or month

  (3) For the purposes of this section,

  • (a) the retirement year or retirement month of a person to or in respect of whom or in respect of whose service a pension is payable, other than a person referred to in paragraph (b), is the year or month, as the case may be, in which, for the purposes of this Act, that person most recently ceased to be a member of the regular force; and

  • (b) the retirement year or retirement month of a person who is in receipt of a pension by reason of being a survivor or a child, is the retirement year or retirement month, as the case may be, of the person in respect of whom or in respect of whose service the pension is payable.

• Marginal note:No decrease in amount of supplementary benefit

  (4) Notwithstanding subsection (1) but subject to section 79, the aggregate of the amount of the supplementary benefit and the pension that may be paid to a recipient for a month in any year shall not be less than the aggregate of the amount of the supplementary benefit and the pension that was or may be paid to that recipient for any month in the year next before that year.

• 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

  • (a) the Governor in Council, in the case of a person to or in respect of whom the pension is payable on ceasing to hold an office to which the person was appointed by the Governor in Council; or

  • (b) the Treasury Board, in the case of a person other than a person described in paragraph (a).

Marginal note:Manner of payment of benefit

• 79 (1) The supplementary benefit payable to a recipient shall be paid at the same times, in the same manner, during or in respect of the same periods and subject to the same terms and conditions as the pension payable to that recipient.

• (2) [Repealed, 1999, c. 34, s. 166]

PART IVGeneral

Marginal note:Regulations

• 80 (1) The Governor in Council may, for the purpose of enabling the pension plan provided by this Act to conform with any provision of section 147.1 of the Income Tax Act and Part LXXXV of the Income Tax Regulations, make regulations

  • (a) adapting any provision of this Act or of any regulation made under this Act;

  • (b) respecting the application of any provision of this Act or of any regulation made under this Act; and

  • (c) generally as the Governor in Council may consider necessary for that purpose.

• Marginal note:Idem

  (2) The Governor in Council may, for the purpose of ensuring the practical and fair application of this Act in any case where regulations are made or have been made under subsection (1), make regulations

  • (a) adapting any provision of this Act or of any regulation made under this Act;

  • (b) respecting the application of any provision of this Act or of any regulation made under this Act; and

  • (c) generally as the Governor in Council may consider necessary for that purpose.

• Marginal note:Inconsistency with Act or other regulations

  (3) In the event of any inconsistency between the provisions of any regulations made under subsection (1) or (2) and the provisions of this Act or any other regulations made under this Act, the provisions of the regulations made under subsection (1) or (2) prevail to the extent of the inconsistency.

• Marginal note:Retroactive application of regulations

  (4) Regulations made under subsection (1) or (2) may, if they so provide, be retroactive and be deemed to come into force on a day prior to the day on which they are made, which prior day shall not be before the day on which this subsection comes into force.

• Marginal note:Void regulations

  (5) A regulation made under subsection (1) or (2) is void if the regulation would reduce or have the effect of reducing the amount of any pension, annual allowance, annuity, supplementary benefit or lump sum payment that has accrued to any person before the day on which the regulation is made.

81 [Not in force]

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.