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

Marginal note:Apportionment when two survivors

• 26.1 (1) If there are two survivors of a contributor, the share of the total amount referred to in section 26 to be paid to the survivor referred to in paragraph (a) of the definition survivor in subsection 2(1) and the share to be paid to the survivor referred to in paragraph (b) of that definition shall be paid as the Minister may direct.

• Marginal note:Share may be nil

  (2) Nothing in subsection (1) is to be read as limiting the Minister’s power to direct that the share of one or other of the survivors under that subsection is nil.

27 [Repealed, 1989, c. 6, s. 8]

28 [Repealed, 2003, c. 26, s. 18]

Marginal note:Person considered to be the survivor

• 29 (1) For the purposes of this Act, when a person establishes that he or she was cohabiting in a relationship of a conjugal nature with the contributor for at least one year immediately before the death of the contributor, the person is considered to be the survivor of the contributor.

• Marginal note:Person considered to be married

  (2) For the purposes of this Act, when a contributor dies and, at the time of death, the contributor was married to a person with whom the contributor had been cohabiting in a relationship of a conjugal nature for a period immediately before the marriage, that person is considered to have become married to the contributor on the day established as being the day on which the cohabitation began.

• Marginal note:When survivor not to receive annual allowance — waiver

  (3) A survivor is not entitled to receive an annual allowance if the survivor makes an irrevocable waiver under subsection (4).

• Marginal note:Permitted waivers

  (4) A survivor may make an irrevocable waiver in writing only if it results in

  • (a) an increase in the allowance payable to a child under paragraph 25(1)(b); or

  • (b) a benefit being paid under any of sections 38 to 40.

• Marginal note:Time for waiver

  (5) A waiver must be made no later than three months after the survivor is notified of his or her entitlement to an allowance and takes effect as of the date of the death of the contributor.

• Marginal note:When survivor not to receive benefits — criminal responsibility for death

  (6) A survivor is not entitled to receive any benefit under this Act with respect to the contributor when the contributor dies and the survivor is found criminally responsible for the death.

• Marginal note:When survivor not to receive annual allowance — missing survivor

  (7) A survivor is not entitled to receive an annual allowance when the contributor dies if it is established to the satisfaction of the Minister that the survivor cannot be found.

• Marginal note:Apportionment of allowance when two survivors

  (8) When an annual allowance is payable under paragraph 25(1)(a) and there are two survivors of the contributor, the total amount of the annual allowance shall be apportioned so that

  • (a) the survivor referred to in paragraph (a) of the definition survivor in subsection 2(1) is entitled to receive the proportion of the annual allowance that the total of the number of years that he or she cohabited with the contributor while married to the contributor and the number of years that he or she cohabited with the contributor in a relationship of a conjugal nature bears to the total number of years that the contributor so cohabited with the survivors; and

  • (b) the survivor referred to in paragraph (b) of that definition is entitled to receive the proportion of the annual allowance that the number of years that he or she cohabited with the contributor in a relationship of a conjugal nature bears to the total number of years that the contributor cohabited with the survivors, either while married or while in a relationship of a conjugal nature.

• Marginal note:Years

  (9) In determining a number of years for the purposes of subsection (8), part of a year shall be counted as a full year if the part is six or more months and shall be ignored if it is less.

• Marginal note:Death, etc. of one of the survivors

  (10) When one of the survivors referred to in subsection (8) dies or is not entitled to receive a benefit under this Act when the contributor dies, the portion of the annual allowance that would have been payable to the survivor who died or is not entitled shall be paid to the remaining survivor in addition to his or her own portion.

30 [Repealed, 1999, c. 34, s. 136]

Marginal note:Marriage after sixty years of age

• 31 (1) Subject to section 25.1 but notwithstanding any other provision of this Act, the survivor of a contributor is not entitled to an annual allowance in respect of the contributor under this Part if at the time the contributor married the survivor or began to cohabit with the survivor in a relationship of a conjugal nature, the contributor had attained the age of sixty years unless, after that time, the contributor became or continued to be a contributor.

• Marginal note:Child born after parent sixty years of age

  (2) Notwithstanding anything in this Act, except as provided in the regulations a child who was born to or adopted by a person or who became the stepchild of a person at a time when that person was over sixty years of age is not entitled to any annual allowance under this Act, unless, after that time, that person became or continued to be a contributor.

Marginal note:Death within one year after marriage

32 Notwithstanding anything in this Act, when a contributor dies within one year after marriage, no annual allowance is payable to the survivor of the contributor or the children of that marriage unless it is established to the satisfaction of the Minister that the contributor was at the time of the marriage in such a condition of health as to justify the contributor in having an expectation of surviving for at least one year after the marriage.

33 [Repealed, 1989, c. 6, s. 9]

Marginal note:Transitional

34 Notwithstanding anything in this Act, no person is entitled to an allowance under this Part by virtue of being the survivor of a female contributor if the contributor was not a member of the regular force on or after December 20, 1975, and section 3 does not apply in respect of this section.

Marginal note:Saving provision

35 Nothing in sections 31 to 34 shall be held to prejudice any right that a child of an earlier marriage of the contributor has to an allowance under section 25.

35.1 [Repealed, 1999, c. 34, s. 140]

36 [Repealed, 2003, c. 26, s. 19]

37 [Repealed, 2003, c. 26, s. 19]

Minimum Benefits

Marginal note:Minimum benefits

38 Where, on the death of a contributor who was not a member of the regular force on or after December 20, 1975, there is no person to whom an allowance provided in this Act may be paid, or where the persons to whom such allowance may be paid die or cease to be entitled thereto and no other amount may be paid to them under this Part, any amount by which the amount of a return of contributions exceeds the aggregate of all amounts paid to those persons and to the contributor under this Part and Part V of the former Act shall be paid, as a death benefit,

• (a) in the case of a contributor whose death occurred while he was a member of the regular force, to the service estate of the contributor; and

• (b) in any other case, to the estate of the contributor or, if less than one thousand dollars, as the Minister may direct.

Marginal note:Minimum benefits

39 Where, on the death of a contributor who was a member of the regular force on or after December 20, 1975, there is no person to whom an allowance provided in this Part may be paid, or where the persons to whom an allowance may be paid die or cease to be entitled thereto and no other amount may be paid to them under this Part, an amount equal to the amount by which

• (a) the greater of

  • (i) the amount of a return of contributions, and

  • (ii) an amount equal to five times the annuity to which the contributor was or would have been at the time of his death entitled determined in accordance with subsection 15(1),

exceeds

• (b) the aggregate of all amounts paid to those persons and to the contributor under this Part and Part V of the former Act

shall be paid, as a death benefit,

• (c) if the contributor named his estate as his beneficiary or named another beneficiary under Part II and the beneficiary survives the contributor, to the beneficiary,

• (d) if the contributor is not survived by a beneficiary so named and the death of the contributor occurred while he was a member of the regular force, to the service estate of the contributor, and

• (e) in any other case, to the estate of the contributor or, if less than one thousand dollars, as the Minister may direct.

Marginal note:Minimum benefits

• 40 (1) If, on the death of a contributor who, on ceasing to be a member of the Canadian Forces, was entitled to an immediate annuity or an annual allowance from which a deduction had been made pursuant to subsection 15(2), there is no person to whom an allowance provided in this Part may be paid, or where the persons to whom such allowance may be paid die or cease to be entitled to it and no other amount may be paid to them under this Part, any amount by which the calculated amount, within the meaning of subsection (2), exceeds the aggregate of all amounts paid to those persons and to the contributor under this Part or Part V of the former Act shall be paid

  • (a) as provided in section 38 for amounts payable under that section, if the contributor was not a member of the regular force on or after December 20, 1975; or

  • (b) as provided in section 39 for amounts payable under that section, if the contributor was a member of the regular force on or after December 20, 1975.

• Definition of calculated amount

  (2) For the purposes of subsection (1), calculated amount means an amount equal to one month’s pay for each year of pensionable service to the credit of the contributor, computed on the basis of the rate of pay authorized to be paid to them at the time they cease to be a member of the regular force, minus an amount equal to the amount by which

  • (a) the total amount the contributor would have been required to contribute to the Superannuation Account or the Canadian Forces Pension Fund up to the time they cease to be a member of the regular force, other than interest or charges for payments by instalments, in respect of service after 1965, if they had contributed on the basis of the rate set out in subsection 5(1) as it read on December 31, 1965,

  exceeds

  • (b) the total amount the contributor was required to contribute to the Superannuation Account or the Canadian Forces Pension Fund up to the time they cease to be a member of the regular force, other than interest or charges for payments by instalments, in respect of service after 1965.

Re-enrolment or Transfer

Marginal note:Persons re-enrolled or transferred

• 41 (1) If a person who has become entitled to an annuity or an annual allowance under this Act or a pension under Part V of the former Act by virtue of having served in the regular force is re-enrolled in or transferred to the regular force and becomes a contributor under this Part, whatever right or claim that they may have had to that annuity, annual allowance or pension (in this section referred to as the “original annuity”) then ceases and the period of service on which the original annuity was based may be counted by them as pensionable service for the purposes of this Part.

• Marginal note:Benefits prescribed by regulations

  (2) If, on subsequently ceasing to be a member of the regular force, a contributor referred to in subsection (1) is entitled to an annuity or annual allowance under this Part the capitalized value of which is less than the capitalized value of the original annuity, the contributor shall be entitled to benefits prescribed in regulations made under subsection (3) in place of any other benefit under this Part and Part III to which they would otherwise be entitled, but in no case shall the capitalized value of the benefits be less than the capitalized value of the original annuity.

• Marginal note:Regulations

  (3) For the purposes of subsection (2), the Governor in Council may make regulations prescribing benefits to which a contributor is entitled and respecting the manner of determining capitalized values, including the manner of taking into account any benefit under Part III.

42 [Repealed, 2003, c. 26, s. 21]

43 [Repealed, 2003, c. 26, s. 21]

44 [Repealed, 2003, c. 26, s. 21]

45 [Repealed, 2003, c. 26, s. 21]

46 [Repealed, 2003, c. 26, s. 21]

47 [Repealed, 2003, c. 26, s. 21]

48 [Repealed, 2003, c. 26, s. 21]

Service Pension Board

Marginal note:Service Pension Board

• 49 (1) The Minister shall appoint a board, to be known as the Service Pension Board, consisting of a chairman and two other members, one to represent the Canadian Forces and one to represent the Minister.

• Marginal note:Duty of Board

  (2) It is the duty of the Service Pension Board to determine, in the case of any contributor who is retired from the regular force, the reason for the retirement, and the Board shall, on the making of the determination, certify in writing the reason for that retirement as determined by the Board.

• Marginal note:Certification of reason for retirement

  (3) No payment shall be made of any annuity or other benefit under this Act to a contributor who is retired from the regular force except on certification in writing by the Service Pension Board of the reason for the retirement as determined by the Board, and on the certification thereof the contributor shall be presumed, in the absence of evidence to the contrary, to have been retired from the regular force for that reason.

• Marginal note:Application of subsections (2) and (3)

  (4) Subsections (2) and (3) do not apply to any case or class of cases specified by the Treasury Board.

• Marginal note:Limitation on application

  (5) This section does not apply in the case of a contributor who ceases to be a member of the regular force after the coming into force of this subsection.