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

Disability Payments

Marginal note:Disability payments

28 Where a contributor who

• (a) is less than 60 years of age, in the case of a Group 1 contributor described in subsection 12(0.1), or is less than 65 years of age, in the case of a Group 2 contributor described in subsection 12.1(1), and

• (b) is in receipt of an annuity payable under this Part in respect of a disability previously incurred by him,

is certified, in accordance with the regulations, to have regained his health or to be capable of performing the duties of his former position in the public service or any other position in the public service commensurate with his qualifications, he ceases to be entitled to that annuity and thereupon is entitled to a deferred annuity.

Persons Re-employed

Marginal note:Persons re-employed

29 If a person who is entitled, under any of subsections 12(1), 12.1(2), 13(1) or 13.001(1) or any regulations made for the purposes of section 24.2, to an annuity or an annual allowance is re-employed in the public service and becomes a contributor under this Part, whatever right or claim that he or she may have to the annuity or annual allowance shall be terminated without delay, but the period of service on which the benefit was based, except any period specified in clause 6(1)(a)(iii)(C) or (E), may be counted by that person as pensionable service for the purposes of subsection 6(1), except that if that person, on ceasing to be so re-employed, exercises his or her option under this Part in favour of a return of contributions, or is not entitled under this Part to any benefit other than a return of contributions, the amount so returned shall not include any amount paid into the Superannuation Account or the Public Service Pension Fund to his or her credit at any time before the time when he or she became re-employed, but whatever right or claim that, but for this section, he or she would have had to the annuity or annual allowance on ceasing to be so re-employed shall then be restored to him or her.

Marginal note:Failure to apply for re-employment

30 Where, in any Act of Parliament, it is provided that a contributor who leaves the public service for employment outside of it continues to be a contributor under this Part during that employment and is eligible, in the event of being retired from that employment, to be re-employed in the public service, if the contributor, having been retired from that employment but not having reached sixty years of age and not being disabled, fails to apply for re-employment in the public service or refuses to accept a position in the public service that, in the opinion of the Minister, is commensurate with his or her qualifications, he or she is deemed to have ceased to be employed in the public service, not having reached sixty years of age, for a reason other than disability.

Medical Examinations

Marginal note:Medical examination requirements

• 31 (1) Subject to subsection (3) but notwithstanding anything else in this Part, any election made by a person who becomes a contributor under this Part

  • (a) not having been a contributor under Part I of the Superannuation Act immediately prior to January 1, 1954, and

  • (b) not having been employed in the public service, or in the public service and as a member of the regular force or of the Force, substantially without interruption for a period of five years immediately prior to the making of the election,

  is void, in so far as it is an election to pay for any period of service prior to becoming a contributor, except any period immediately prior to becoming a contributor during which he was employed in the public service, unless the person by whom the election is made has been medically examined, as prescribed in the regulations.

• Marginal note:Failure to pass medical examination

  (2) Notwithstanding anything in this Part, when a contributor to whom subsection (1) applies has been medically examined, as prescribed in the regulations, and has failed to pass the examination, neither the contributor nor the contributor’s survivor or children shall, in respect of any service of the contributor to which the election referred to in subsection (1) relates, become entitled to any benefit under this Part other than a return of contributions unless the contributor continues to be employed in the public service for a further period of not less than five years from the time of the examination or is again medically examined, as prescribed in the regulations, and passes the examination.

• Marginal note:Prohibited elections

  (3) Notwithstanding anything in this Part, any election, in so far as it is an election

  • (a) to pay for any period of service described in clause 6(1)(b)(iii)(K) or (L),

  • (b) under paragraph 20(1)(b), in the case of an election made after one year after the person by whom the election is made becomes employed in operational service, or

  • (c) under subsection 39(6),

  is void unless the person by whom the election is made has passed a medical examination, as prescribed in the regulations, within such time immediately before or after the making of the election as is prescribed in the regulations.

Diversion of Amounts Payable in Certain Cases

Marginal note:Diversion of payments to satisfy financial support order

• 32 (1) When any court in Canada of competent jurisdiction has made an order requiring a recipient to pay financial support, amounts payable to the recipient under this Part or Part III 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) Where, for any reason, a recipient is unable to manage the recipient’s own affairs, or where the recipient is incapable of managing the recipient’s 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 this Part or Part III.

• Marginal note:Payment deemed to be to recipient

  (3) For the purposes of this Part and Part 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 is made.

• (4) [Repealed, 2000, c. 12, s. 276]

Presumption of Death

Marginal note:Presumption of death

• 33 (1) Where a contributor or a recipient 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 contributor or recipient is dead, the Minister may determine the date for the purposes of this Act on which that person’s death is presumed to have occurred, and thereupon that person is deemed for all purposes of this 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 to have died on that different date.

Special Cases

34 [Repealed, 1999, c. 34, s. 83]

Transferred Pensionable Newfoundland Employees

Marginal note:Definitions

• 35 (1) In this section,

  Newfoundland Act

  Newfoundland Act means the Civil Service Acts, 1947-1949 of Newfoundland; (loi de Terre-Neuve)

  Newfoundland service

  Newfoundland service means pensionable service as defined in the Newfoundland Act; (temps passé au service de Terre-Neuve)

  transferred pensionable Newfoundland employee

  transferred pensionable Newfoundland employee means a person who was

  • (a) an established civil servant, as defined in the Newfoundland Act,

  • (b) an employee of the Newfoundland Fisheries Board, or

  • (c) a civil servant to whom section 41 of the Newfoundland Act applied,

  in a service of the Government of Newfoundland that has been taken over by Canada pursuant to the Terms of Union of Newfoundland with Canada and who became an employee of the Government of Canada pursuant to an offer of employment made in accordance with the Terms of Union. (employé transféré de Terre-Neuve ayant droit à pension)

• Marginal note:Newfoundland service countable

  (2) A contributor who, being a transferred pensionable Newfoundland employee, did not elect in accordance with the Superannuation Act and the regulations thereunder not to count his Newfoundland service as service in the Civil Service is entitled to count such Newfoundland service as pensionable service for the purposes of subsection 6(1).

• Marginal note:Average annual salary

  (3) For the purposes of subparagraph 11(1)(a)(ii), the average annual salary of a contributor to whom subsection (2) applies is the average annual salary received by the contributor

  • (a) during either period specified in subparagraph 11(1)(a)(ii), or

  • (b) during the period of the contributor’s Canadian service and the last three years of the contributor’s Newfoundland service,

  whichever period is the shorter.

• Marginal note:Adjustment of benefits in certain cases

  (4) Notwithstanding anything in this Part, where a contributor to whom subsection (2) applies ceases to be employed in the public service, not having reached sixty years of age, the amount of any benefit payable to the contributor under this Part, other than a return of contributions, shall be adjusted in accordance with the regulations.

• Marginal note:Where an election not to count Newfoundland service

  (5) Where a contributor who, being a transferred pensionable Newfoundland employee, elected in accordance with the Superannuation Act and the regulations thereunder not to count his Newfoundland service as service in the Civil Service ceases to be employed in the public service, the Governor in Council may grant to him, in respect of his Newfoundland service, a pension or gratuity similar to the pension or gratuity that might have been granted to him in respect of that service, under the Newfoundland Act, on his retirement under that Act under circumstances similar to those under which he ceased to be employed in the public service, the payment of which pension or gratuity may be suspended or terminated by the Governor in Council under circumstances similar to those under which it might have been suspended or terminated had the pension or gratuity been granted under the Newfoundland Act.

• Marginal note:Saving provision

  (6) Notwithstanding subsection (5), no pension or gratuity may be granted pursuant to that subsection under the circumstances set out in section 26 of the Newfoundland Act.

• Marginal note:Idem

  (7) Subsection 10(4) does not apply in respect of a transferred pensionable Newfoundland employee.

• Marginal note:Application of Part I of Superannuation Act

  (8) For the purposes of this Part and the Superannuation Act, Part I of the Superannuation Act shall be deemed to have applied to every transferred pensionable Newfoundland employee from and after the day on which he became an employee of the Government of Canada pursuant to an offer of employment made in accordance with the Terms of Union.

Diplomatic and Consular Representatives

Marginal note:Diplomatic and consular representatives

36 A person who, being a diplomatic or consular representative of Her Majesty in right of Canada, was a contributor under this Part immediately prior to his appointment, is deemed for the purposes of this Part to be employed in the public service.

Public Service Corporations

Marginal note:Definitions

• 37 (1) In this section,

  employee

  employee includes an officer or member of a corporation; (employé)

  other corporation

  other corporation means any corporation that is an agent of Her Majesty in right of Canada, other than a corporation specified in Part I of Schedule I; (autre organisme)

  Public Service corporation

  Public Service corporation means any board, commission or corporation specified in Part I of Schedule I. (organisme de la fonction publique)

• Marginal note:Contributions in respect of employees of corporation

  (2) If a person is or has been an employee of a Public Service corporation and a contributor under this Part, or an employee of any other corporation and a contributor under this Part by reason of a provision in any Act of Parliament that he or she continues to be a contributor during his or her employment with that corporation, the Public Service corporation or other corporation shall, as required by the Minister, pay into the Superannuation Account or the Public Service Pension Fund, at the time and in the manner determined by the Minister in respect of the contributions of that person to the Superannuation Account or the Public Service Pension Fund in the course of his or her employment with the corporation, and in respect of his or her non-elective or elective service within the meaning of subsection 6(1), the amount that is determined by the Minister in accordance with the regulations.

• Marginal note:Contributions — current service

  (3) If, on the day on which this subsection comes into force, a corporation has not made a contribution under this section with respect to an employee referred to in subsection (2) in respect of his or her current service or with respect to an election made by the person before that day, the contribution, in the amount that the Minister determines, shall be made to the Superannuation Account at the time and in the manner determined by the Minister.

• Marginal note:Interest

  (4) If an amount referred to in subsection (2) or (3) is not paid within the time determined by the Minister, the Minister may require that the corporation pay into the Superannuation Account or the Public Service Pension Fund interest on that amount at the time and in the manner that the Minister may determine.

• Marginal note:Information to be provided

  (5) The corporation shall provide the information relating to the employment, pensionable service, salary and contributions to the Superannuation Account or the Public Service Pension Fund, including reports and assessments respecting the accurate application of this Act, and any other relevant information, that the Minister may require with respect to employees or former employees referred to in subsection (2), at the times and in the manner that the Minister may direct.

Corporations declared to form or to have formed part of the Public Service for limited purposes only

Marginal note:Service with corporation included in Part IV of Schedule I

• 38 (1) Service of a person with a corporation included in Part IV of Schedule I is service in the public service only if that person is not precluded by that Part from contributing to the Superannuation Account or the Public Service Pension Fund in respect of that service or from electing to pay for that service otherwise than as service in pensionable employment immediately before becoming employed in the public service.

• Marginal note:Contributions to Superannuation Account and Public Service Pension Fund

  (2) No person shall, while he or she is employed by a corporation included in Part IV of Schedule I, contribute to the Superannuation Account or the Public Service Pension Fund under section 5 unless he or she is a person who by reason of a provision in any other Act of Parliament continues to be a contributor while employed with that corporation.

• Marginal note:Person employed in the public service after December 31, 1953

  (3) No person who became employed in the public service after December 31, 1953 may elect to pay for service with a corporation included in Part IV of Schedule I otherwise than as service in pensionable employment immediately before becoming employed in the public service.