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.