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

Former Public Service Employees and Members of the Royal Canadian Mounted Police

Marginal note:Election

• 43 (1) Any person who becomes a contributor under this Act, having been employed in the public service but not having become entitled to an annuity or annual allowance under the Public Service Superannuation Act, or having been a member of the Royal Canadian Mounted Police but not having become entitled to an annuity or annual allowance under the Royal Canadian Mounted Police Superannuation Act, is entitled to count as pensionable service for the purposes of this Act any period of service in the regular force or any period of service described in section 6, that, under the Public Service Superannuation Act or the Royal Canadian Mounted Police Superannuation Act, as the case may be, he was entitled to count for pension purposes, if he elects, within one year of becoming a contributor under this Act, to pay for that service.

• Marginal note:Amount to be paid

  (2) The amount required by this Act to be paid by a person described in subsection (1) for the service described in that subsection is

  • (a) in the case of service for which, by the Public Service Superannuation Act or the Royal Canadian Mounted Police Superannuation Act, as the case may be, he was required to pay, any amount by which

    • (i) the total amount required by that Act to be paid by him for that service,

    exceeds

    • (ii) the total amount actually paid by him for that service, minus any amount paid to him under that Act at any time before the making of the election,

    together with simple interest at four per cent per annum on any amount paid to him under that Act at any time before the making of the election, from the time when the payment was made until the time of making the election; or

  • (b) in the case of service for which, by the Public Service Superannuation Act or the Royal Canadian Mounted Police Superannuation Act, as the case may be, he was not required to pay, an amount equal to the amount that he would have been required to pay had he, during the period of that service, been required to contribute

    • (i) where that period or any portion thereof was prior to 1966, in the manner and at the rate set forth in subsection 5(1) as it read on December 31, 1965, in respect of that period or that portion thereof,

    • (ii) where that period or any portion thereof was after 1965 and prior to April 1, 1969, in the manner and at the rate set forth in subsection 5(1) as it read immediately prior to April 1, 1969, in respect of that period or that portion thereof, and

    • (iii) where that period or any portion thereof was after March 31, 1969, in the manner and at the rates set forth in subsection 5(1) in respect of that period or that portion thereof,

    in respect of pay equal to the pay authorized to be paid to him on the most recent occasion on which he became a contributor under this Act, together with interest, as defined in subsection 7(2).

Marginal note:Pay deemed to have been received

44 For the purposes of this Act, the pay deemed to have been received by a person to whom subsection 43(1) applies, during any period of service of the kind described in paragraph 43(2)(a) or (b), is pay at a rate equal to the rate of pay on the basis of which the amount required to be paid for that period of service

• (a) by the Public Service Superannuation Act or the Royal Canadian Mounted Police Superannuation Act, as the case may be, in the case of service of the kind described in paragraph 43(2)(a), or

• (b) by this Act, in the case of service of the kind described in paragraph 43(2)(b),

was determined.

Marginal note:Surrender of benefits on election

45 Notwithstanding anything in the Public Service Superannuation Act or the Royal Canadian Mounted Police Superannuation Act, on the making of any election under subsection 43(1), the person so electing and any person to whom any benefit might otherwise have become payable under the Public Service Superannuation Act or the Royal Canadian Mounted Police Superannuation Act, as the case may be, in respect of that person, cease to be entitled to any benefit under that Act in respect of any service of that person to which that election relates.

Marginal note:Right to retain pension

• 46 (1) Any person who becomes a contributor under this Act, having been employed in the public service and having become entitled to an annuity or annual allowance under the Public Service Superannuation Act, or having been a member of the Royal Canadian Mounted Police and having become entitled to an annuity or annual allowance under the Royal Canadian Mounted Police Superannuation Act, is entitled, for the purposes of this Act, to retain that annuity or annual allowance, but the period of service on which that annuity or annual allowance was based may not be counted by that person for the purpose of any benefit to which he may become entitled under this Act by reason of having become a contributor hereunder.

• Marginal note:Election to surrender benefits

  (2) Notwithstanding subsection (1), any person to whom that subsection applies may elect, within one year of becoming a contributor under this Act, to surrender the annuity or annual allowance therein referred to, in which case notwithstanding anything in the Public Service Superannuation Act or the Royal Canadian Mounted Police Superannuation Act, the person so electing and any person to whom any benefit might otherwise have become payable under the Public Service Superannuation Act or the Royal Canadian Mounted Police Superannuation Act, as the case may be, in respect of that person, cease to be entitled to any benefit under that Act in respect of any service of that person described in subsection 43(1), and the person so electing shall be subject to the provisions of subsection 43(2) in all respects as though he had not become entitled to an annuity or annual allowance under that Act but had elected under subsection 43(1) to pay for the whole of that service.

Marginal note:Amount to be paid for elected service

47 Where a person, having been a member of the Royal Canadian Mounted Police and having become entitled to an annuity or annual allowance under the Royal Canadian Mounted Police Superannuation Act, for which he was not required to contribute, makes an election of the kind described in subsection 46(2), in addition to any amount he is, as a result of that election, required by that subsection to pay, that person shall pay into the Consolidated Revenue Fund for credit to the account maintained in the accounts of Canada pursuant to the Royal Canadian Mounted Police Superannuation Act, an amount equal to the amount of any annuity or annual allowance that has been paid to him out of that account prior to his making an election under subsection 46(2).

Marginal note:Amount to be credited to Superannuation Account

• 48 (1) On the making of an election under subsection 43(1) or 46(2) before April 1, 2000, under which the person so electing is required by this Act to pay for any period of service of the kind described in paragraph 43(2)(a), there shall be

  • (a) charged to the account in the accounts of Canada maintained pursuant to the Public Service Superannuation Act or the Royal Canadian Mounted Police Superannuation Act, as the case may be, and

  • (b) credited to the Superannuation Account in respect of that person,

  an amount equal to the amount determined under subparagraph 43(2)(a)(ii), and for the purposes of the Public Service Superannuation Act or the Royal Canadian Mounted Police Superannuation Act, as the case may be, the amount of any return of contributions or other lump sum payment that is or may become payable under that Act to or in respect of that person shall be deemed to be the amount otherwise determined thereunder minus the amount required by this section to be credited to the Superannuation Account on the making of the election.

• Marginal note:Amount to be paid

  (2) Subsection (1) applies, with any modifications that the circumstances require, to an election made on or after April 1, 2000 and a reference to “the account in the accounts of Canada maintained pursuant to the Public Service Superannuation Act or the Royal Canadian Mounted Police Superannuation Act” shall be read as a reference to “the Public Service Pension Fund or the Royal Canadian Mounted Police Pension Fund” in respect of contributions made by the person to that fund and a reference to “the Superannuation Account” shall be read as a reference to the “Canadian Forces Pension Fund”.

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.

Advisory Committee

Marginal note:Advisory committee

• 49.1 (1) The Minister shall establish a committee, to be known as the Canadian Forces Pension Advisory Committee, the members of which are appointed by the Minister in accordance with subsection (2), to advise and assist the Minister on matters arising in connection with the operation of this Act in accordance with subsection (1.1).

• Marginal note:Mandate

  (1.1) The mandate of the committee is to

  • (a) review matters respecting the administration, design and funding of the benefits provided under this Act and make recommendations to the Minister about those matters; and

  • (b) review any other pension-related matters that the Minister may refer to it.

• Marginal note:Membership

  (2) The membership of the Committee shall consist of

  • (a) one member appointed from among contributors in receipt of annuities under this Act who are nominated for appointment by an association that, in the opinion of the Minister, represents such contributors;

  • (b) three members appointed from among persons required to contribute to the Canadian Forces Pension Fund who are nominated for appointment by the Chief of the Defence Staff to represent persons serving in the Canadian Forces;

  • (c) one member appointed from among persons who are enrolled in the reserve force who is nominated for appointment by the Chief of the Defence Staff to represent members of the reserve force; and

  • (d) five other members appointed by the Minister, four of whom must be from among persons required to contribute to the Canadian Forces Pension Fund and one of whom may be a person required to contribute to any other superannuation or pension account in the accounts of Canada or the Public Service Pension Fund within the meaning of the Public Service Superannuation Act or the Royal Canadian Mounted Police Pension Fund within the meaning of the Royal Canadian Mounted Police Superannuation Act.

• Marginal note:Term

  (3) A member of the Committee shall be appointed to hold office for a term not exceeding three years and is eligible for reappointment for one or more additional terms.

• Marginal note:Recommendation of candidates

  (3.1) The advisory committee shall recommend to the Minister candidates for appointment to the nominating committee established under section 10 of the Public Sector Pension Investment Board Act.

• Marginal note:Chairperson

  (4) The Minister shall designate one of the members to be the chairperson of the Committee.

Regulations

Marginal note:Regulations

• 50 (1) The Governor in Council may make regulations

  • (a) prescribing anything that, by this Act, is to be prescribed or is to be determined or regulated by regulation;

  • (b) prescribing the circumstances in which, and the terms and conditions on which, elections may be made and options may be exercised under this Part, except section 19, and respecting the manner of and time for doing so;

  • (c) prescribing the circumstances in which, and the terms and conditions on which, elections under this Part may be revoked or amended, options under this Part revoked, and new elections or options made or exercised, and respecting the manner of and time for doing so;

  • (d) prescribing the terms and conditions on which a person who is retired from the regular force and, within sixty days after their retirement from it, again becomes a member of the regular force is deemed to have continued to be a member of the regular force despite their retirement from it;

  • (e) prescribing the extent to which and the circumstances under which any period of service of a person, whether before or after March 1, 1960, for which no pay was authorized to be paid or for which any forfeiture of pay or deduction from pay in respect of a period of suspension from duty was authorized to be made shall be counted as pensionable service for the purposes of this Act, prescribing the pay that is deemed to have been authorized to be paid to that person and to have been received by that person during that period, and prescribing, despite section 5, the contributions to be made by that person to the Superannuation Account or the Canadian Forces Pension Fund in respect of that pay;

  • (f) specifying, for the purposes of subsection 2(4), the employment as a member of the Canadian Forces that is excepted employment;

  • (g) fixing an annual rate of pay for the purposes of subsection 5(5) or prescribing the manner of determining the annual rate of pay;

  • (h) prescribing, for the purposes of subsection 9(3), the portion of the period of service that shall be counted as pensionable service for the purposes of this Act;

  • (i) respecting the manner of determining the amount of a transfer value within the meaning of section 10, the terms and conditions under which a contributor may become entitled to a transfer value and any other matters that the Governor in Council considers necessary for the purposes of carrying out section 22;

  • (j) respecting the manner in which, and the determination of the balances on which, interest is to be calculated under section 13 and respecting the rates of interest for the purposes of paragraph 13(b);

  • (k) prescribing the evidence required to satisfy the Minister that a contributor is not entitled to a disability pension described in paragraph 15(2)(b), the manner in which and the time within which that evidence shall be provided and the form of that evidence;

  • (l) respecting, for the purposes of subsection 15(4), the manner of determining pay that a contributor is deemed to have received;

  • (m) prescribing service in the regular force or in the reserve force that constitutes Canadian Forces service for the purposes of paragraph 16(1)(a);

  • (n) specifying, for the purposes of subsection 18(4), the method by which the amount of any annuity or annual allowance payable to a contributor described in subsection 18(1) shall be adjusted;

  • (o) specifying, for the purposes of subsection 21(2), the method by which the amount of any immediate annuity payable to a contributor described in subsection 21(1) shall be adjusted;

  • (p) defining, for the purposes of subsection 25(5), the expression full-time attendance at a school or university as applied to a child of a contributor;

  • (q) respecting the determination of disability for the purposes of this Part and the conditions on which an immediate annuity shall be paid or continue to be paid, including the initial assessment and subsequent periodic or other assessments of that disability;

  • (r) respecting the reduction to be made in the amount of an annuity or annual allowance when an option is exercised under subsection 25.1(1), the amount of the immediate annual allowance to be paid under subsection 25.1(2), the circumstances in which an option is deemed to have been revoked and any other matters that the Governor in Council considers necessary for the purposes of carrying out section 25.1;

  • (s) providing for the continuation in force of any outstanding direction made by the Minister or the Treasury Board under section 62 of the former Act, under the circumstances contemplated by that section and subject to modification or suspension as contemplated by that section;

  • (t) respecting the rates at which interest shall be credited to the Superannuation Account under paragraph 55(1)(b), the manner in which it shall be calculated and the time at which it shall be credited to the Account;

  • (u) respecting the additional information that is required to be included in annual reports referred to in section 57;

  • (v) providing for the payment out of the Superannuation Account or the Canadian Forces Pension Fund, on the death of a contributor and on application to the Minister by or on behalf of a person to whom any annual allowance becomes payable under this Part, of the whole or any part of the portion of the estate, legacy, succession or inheritance duties or taxes that are payable by the person that is determined in accordance with the regulations to be attributable to that allowance, and prescribing the amounts by which and the manner in which any such allowance and any amount payable in any such case under any of sections 38 to 40 shall be reduced; and

  • (w) generally, for carrying into effect the purposes and provisions of this Act.

• Marginal note:Retroactive application of regulations

  (2) Regulations made under this Act may, if they so provide, be retroactive and have effect with respect to any period before they are made.