Public Service Superannuation Act (R.S.C., 1985, c. P-36)

AMENDMENTS NOT IN FORCE

• — 2023, c. 26, s. 240

  • 240 Part I of Schedule I to the Public Service Superannuation Act is amended by adding the following in alphabetical order:

    • Chief executive officer and employees of the Canada Innovation Corporation

      Premier dirigeant et personnel de la Corporation d’innovation du Canada

• — 2024, c. 16, s. 114

  • 114 Part II of Schedule I to the Public Service Superannuation Act is amended by adding the following in alphabetical order:

    • Foreign Influence Transparency Commissioner

      Commissaire à la transparence en matière d’influence étrangère

• — 2024, c. 25, s. 112

  • Terminology change — English version

    112 Unless the context requires otherwise, every reference to “Force” is replaced by a reference to “RCMP” in the English version of every Act of Parliament and the English version of every order, regulation or other instrument made under an Act of Parliament.

• — 2026, c. 3, s. 210

  • 210 The heading before section 24.1 and sections 24.1 and 24.2 of the Public Service Superannuation Act are replaced by the following:

    Operational Service

    • Definition of operational service

      • 24.1 (1) In sections 24.2 to 24.6, operational service means, subject to any order made under subsection (2), service of a kind designated in the regulations that is carried out in any institutions or other premises that are designated in the regulations in respect of that kind of service. It also includes any periods of time spent away from that service that are specified in the regulations.

      • Ministerial order

        (2) The Minister may, by order, narrow the scope of a kind of service that is designated in the regulations.

    • Special pension plan

      • 24.2 (1) Any person referred to in subsection (2) who was required by subsection 5(1.1) or (1.2), as it read on December 31, 2012, to contribute to the Superannuation Account or the Public Service Pension Fund or who is required by subsection 5(2) to contribute to the Public Service Pension Fund is entitled, at their option on ceasing to be employed in the public service, in respect of the operational service that is pensionable service to their credit — subject to the election they may make under subsection (3) — to an immediate annuity or annual allowance calculated in the manner prescribed by the regulations, in the circumstances and subject to the terms and conditions prescribed by those regulations, in lieu of any benefit to which that person is otherwise entitled under subsection 13(1) or 13.001(1) in respect of that service.

      • Persons to whom subsection (1) applies

        (2) Subsection (1) applies to

        • (a) any person employed in operational service — within the meaning of that expression on the day before the day on which this subsection comes into force — by the Correctional Service of Canada on or after March 18, 1994; and

        • (b) any person, other than a person referred to in paragraph (a), employed in any kind of operational service on or after the date prescribed by the regulations for that kind of service.

      • Election — operational service

        (3) Any person referred to in subsection (2) may, subject to the regulations, elect not to count pensionable service to their credit as operational service for the purposes of subsection (1).

      • Amendment or revocation

        (4) Any person who makes an election under subsection (3) may, subject to the regulations, amend or revoke the election.

      • Non-application of section 8

        (5) Section 8 does not apply in respect of an election made under subsection (3).

• — 2026, c. 3, s. 211

  • 211 Subsection 24.4(1) of the Act is replaced by the following:

    • Additional amount to be contributed

      • 24.4 (1) Subject to subsections (2) and 5(6), any person referred to in subsection 24.2(2) who is required by subsection 5(2) to contribute to the Public Service Pension Fund is, except in the circumstances described in subsection 5(3) or prescribed by the regulations, required to contribute to the Public Service Pension Fund by reservation from salary or otherwise, in addition to any other amount required under this Act, any percentage of their salary that is determined by the Treasury Board on the recommendation of the Minister, which recommendation is to be based on actuarial advice.

• — 2026, c. 3, s. 212

  • 212 Section 24.6 of the Act is replaced by the following:

    • Adjustment of annuity or annual allowance

      24.6 If a person who was employed in operational service and who is receiving an annual allowance payable under subsection 24.2(1) is subsequently re-employed in the public service, the amount of any annuity or annual allowance to which the person may become entitled under this Part on again ceasing to be employed in the public service shall be adjusted in accordance with regulations made under paragraph 42(1)(x.1) to take into account the amount of any annual allowance that the person has received.

• — 2026, c. 3, s. 213

  • • 213 (1) Paragraphs 42.1(1)(m) to (q) of the Act are replaced by the following:

      • (m) for the purposes of the definition operational service in subsection 24.1(1), designating the kind of service and the institutions or other premises in which that kind of service is carried out and specifying the periods of time spent away from operational service that are to be included within the meaning of that definition;

      • (n) prescribing the terms and conditions subject to which a person who ceases to be employed in operational service, as defined in subsection 24.1(1), but continues to be employed in the public service may elect to be deemed to be employed in operational service while the person continues to be so employed;

      • (o) respecting the determination of the effective date on which a person shall be deemed to have become or to have ceased to be employed in operational service, as defined in subsection 24.1(1);

      • (p) prescribing, for the purposes of sections 24.2 and 24.3 and any regulations made under this subsection, the terms and conditions subject to which any service before, on or after the coming into force of those sections may be counted as operational service, as defined in subsection 24.1(1), that is pensionable service;

      • (q) prescribing the circumstances in which and the terms and conditions subject to which a person is entitled, at the person’s option, to an immediate annuity or annual allowance under subsection 24.2(1), prescribing the manner of calculating or adjusting that immediate annuity or annual allowance and prescribing the circumstances in which the person is deemed to have exercised the option in favour of either an immediate annuity or annual allowance;

      • (r) prescribing the date on which paragraph 24.2(2)(b) applies to a person employed in service of a given kind;

      • (r.1) prescribing the circumstances in which and the terms and conditions subject to which an election may be made under subsection 24.2(3), the period within which it may be made and the manner of making it;

      • (r.2) prescribing the circumstances in which and the terms and conditions subject to which a person may amend or revoke an election under subsection 24.2(4), the period within which it may be amended or revoked and the manner of amending or revoking it;

      • (r.3) prescribing the circumstances in which a person is not required to make a contribution under subsection 24.4(1);

    • (2) Paragraph 42.1(1)(t) of the Act is replaced by the following:

      • (t) requiring the Minister to credit additional amounts to the Superannuation Account, or to pay additional amounts into the Public Service Pension Fund, in respect of operational service, as defined in subsection 24.1(1), that is pensionable service to the credit of a person referred to in subsection 24.2(2) and prescribing the manner and circumstances in which those amounts are to be credited or paid;

• — 2026, c. 3, s. 214

  • • 214 (1) The portion of the definition recipient in section 64 of the Act before paragraph (a) is replaced by the following:

      recipient

      recipient means a person who is in receipt of a pension, but does not include a person who is in receipt of an immediate annuity or annual allowance under section 16 or subsection 24.2(1) unless

    • (2) The portion of paragraph (c) of the definition recipient in section 64 of the Act before subparagraph (i) is replaced by the following:

      • (c) that immediate annuity or annual allowance is based on a number of years of operational service, as defined in section 15 or subsection 24.1(1), as the case may be, that is pensionable service and that pensionable service consists of not less than

• — 2026, c. 3, s. 215

  • 215 Subsection 69(4) of the Act is replaced by the following:

    • Deemed retirement year

      (4) For the purposes of subsection (3), when that subsection is applied in determining under subsection (2) the supplementary benefit payable to a person in respect of a pension payable under subsection 17(2) or 24.2(1), the person is deemed to have ceased to be employed at the time they ceased to be employed in operational service, as defined in section 15 or subsection 24.1(1), as the case may be.

• — 2026, c. 3, s. 220

  • 220 The Act is amended by adding the following after section 46:

    Transitional Provisions

    • Definition of transitional period

      • 46.01 (1) In this section, transitional period means the period that begins on the day on which clauses 13(1)(c)(ii)(C.1) and 13.001(1)(c)(ii)(C.1) come into force and ends on the 120th day after that day.

      • Application

        (2) This section applies to a contributor who, during the transitional period, exercised an option under clause 13(1)(c)(ii)(C.1) or 13.001(1)(c)(ii)(C.1) but remained employed in the public service.

      • Continuation — power to approve

        (3) Despite subsections 13(1.2) and 13.001(1.2), during the period that begins on the first day after the day on which the transitional period ends and ends on the 179th day after that first day, the Treasury Board is authorized, in respect of contributors to whom this section applies, to approve, based on the criteria established by the Treasury Board, their entitlement to an annual allowance referred to in clause 13(1)(c)(ii)(C.1) or 13.001(1)(c)(ii)(C.1).

• — 2026, c. 3, s. 568

  • 568 Part III of Schedule I to the Public Service Superannuation Act is amended by adding the following in alphabetical order:

    • Freshwater Fish Marketing Corporation

      Office de commercialisation du poisson d’eau douce