Short Title

Marginal note:Short title

1 This Act may be cited as the Public Service Superannuation Act.

Equality of Status

Marginal note:Status of males and females

2 Male and female contributors under this Act have equality of status and equal rights and obligations under this Act.

PART ISuperannuation

Interpretation

Marginal note:Definitions

• 3 (1) In this Part,

  active service in the forces

  activité de service dans les forces

  active service in the forces means any service in the forces of a kind designated in the regulations to be active service, which service is deemed for the purposes of this Part to have terminated on discharge or, in the case of a person who underwent treatment in a veterans’ hospital, as defined in the regulations, immediately following his discharge, on that person’s release from hospital; (activité de service dans les forces)

  child

  enfant

  child means a child or stepchild of — or an individual adopted either legally or in fact by — a contributor who at the time of the contributor’s death was dependent on the contributor for support; (enfant)

  contributor

  contributeur

  contributor means a person required by section 5 to contribute to the Superannuation Account or the Public Service Pension Fund, and, unless the context otherwise requires,

  • (a) a person who has retired, and

  • (b) for the purposes of sections 25, 27 and 28, a contributor under Part I of the Superannuation Act who has been granted an annual allowance under that Act or has died; (contributeur)

  disabled

  invalide

  disabled means incapable of pursuing regularly any substantially gainful occupation; (invalide)

  Force

  Gendarmerie

  Force means the Royal Canadian Mounted Police; (Gendarmerie)

  forces

  forces

  forces, except in the definition “regular force”, means the naval, army or air forces of His Majesty or of any of the Allies of His Majesty during World War I or World War II; (forces)

  Minister

  ministre

  Minister means the President of the Treasury Board; (ministre)

  misconduct

  misconduct[Repealed, 1999, c. 34, s. 53]

  pensionable employment

  emploi ouvrant droit à pension

  pensionable employment means any employment in respect of which there was an established superannuation or pension fund or plan, approved by the Minister for the purposes of this Part, for the benefit of persons engaged in that employment; (emploi ouvrant droit à pension)

  period in pensionable employment

  période d’emploi ouvrant droit à pension

  period in pensionable employment means any period of service to the credit of the employee in the fund or plan referred to in the definition “pensionable employment” at the time he left the employment therein referred to; (période d’emploi ouvrant droit à pension)

  provincial pension plan

  régime provincial de pensions

  provincial pension plan has the same meaning as in the Canada Pension Plan; (régime provincial de pensions)

  Public Service

  fonction publique

  Public Service means the several positions in or under any department or portion of the executive government of Canada, except those portions of departments or portions of the executive government of Canada prescribed by the regulations and, for the purposes of this Part, of the Senate and House of Commons, the Library of Parliament and any board, commission, corporation or portion of the public service of Canada specified in Schedule I; (fonction publique)

  Public Service Pension Fund

  Caisse de retraite de la fonction publique

  Public Service Pension Fund means the fund established under section 44.2; (Caisse de retraite de la fonction publique)

  Public Service Superannuation Investment Fund

  Fonds de placement du compte de pension de retraite de la fonction publique

  Public Service Superannuation Investment Fund means the fund established under section 44.1; (Fonds de placement du compte de pension de retraite de la fonction publique)

  regular force

  force régulière

  regular force means the regular force of the Canadian Forces and includes

  • (a) the forces known before February 1, 1968 as the regular forces of the Canadian Forces, and

  • (b) the forces known before February 1, 1968 as the Royal Canadian Navy, the Canadian Army Active Force, the Permanent Active Militia, the Permanent Militia Corps, the permanent staff of the Militia, the Royal Canadian Air Force (Regular) and the Permanent Active Air Force; (force régulière)

  Retirement Fund

  Fonds de retraite

  Retirement Fund means the Retirement Fund established under Part II of the Civil Service Superannuation and Retirement Act; (Fonds de retraite)

  salary

  traitement

  salary means

  • (a) as applied to the Public Service, the basic pay received by the person in respect of whom the expression is being applied for the performance of the regular duties of a position or office exclusive of any amount received as allowances, special remuneration, payment for overtime or other compensation or as a gratuity unless that amount is deemed to be or to have been included in that person’s basic pay pursuant to any regulation made under paragraph 42(1)(e), and

  • (b) as applied to the regular force or the Force, the pay or pay and allowances, as the case may be, applicable in the case of that person as determined under the Canadian Forces Superannuation Act or the Royal Canadian Mounted Police Superannuation Act; (traitement)

  Superannuation Act

  Loi sur la pension de retraite

  Superannuation Act means the Civil Service Superannuation Act, chapter 50 of the Revised Statutes of Canada, 1952; (Loi sur la pension de retraite)

  supplementary benefit

  prestation supplémentaire

  supplementary benefit means a supplementary benefit payable under Part III; (prestation supplémentaire)

  survivor

  survivant

  survivor, in relation to a contributor, means

  • (a) a person who was married to the contributor at the time of the contributor’s death, or

  • (b) a person referred to in subsection 25(4); (survivant)

  World War I

  Première Guerre mondiale

  World War I means the war that was declared on August 4, 1914 and that is deemed, for the purposes of this Part, to have terminated on December 31, 1920; (Première Guerre mondiale)

  World War II

  Seconde Guerre mondiale

  World War II means the war that was declared on September 10, 1939 and that is deemed, for the purposes of this Part, to have terminated on September 30, 1947. (Seconde Guerre mondiale)

• Marginal note:Persons deemed employed in Senate or House of Commons

  (2) For the purposes of the definition “Public Service” in subsection (1),

  • (a) employees of a member of the Senate or House of Commons, and

  • (b) any other category of employees prescribed by regulation made by the Governor in Council under paragraph 42(1)(vv)

  whose salaries were or are paid out of moneys appropriated by Parliament for use by the Senate or House of Commons shall be deemed to have been or to be employed in the Senate or House of Commons, in respect of periods of service in a category described in paragraph (a) or (b) preceding as well as following June 29, 1984.

• Marginal note:References to other Acts

  (3) A reference in this Part to the Canadian Forces Superannuation Act or the Royal Canadian Mounted Police Superannuation Act shall be construed as including a reference to any other enactment of Parliament in force either before or after July 14, 1960 providing for the payment of pensions to members of the regular force or members of the Force, as the case may be, based on length of service.

• Marginal note:When specified age deemed to be reached

  (4) For the purposes of paragraph 8(2)(e), a person is deemed to have reached the age of eighteen years at the beginning of the month following the month in which the person actually reached that age and, for the purposes of subsection 11(2), a person is deemed to have reached the age of sixty-five years at the beginning of the month following the month in which the person actually reached that age.

• Marginal note:Persons deemed employed on full-time basis

  (5) For the purposes of this Act, a person who, immediately before the coming into force of this subsection, is employed in the Public Service on a full-time basis within the meaning of this Act as it reads at that time is, until such time as that person ceases to be so employed, deemed to be employed in the Public Service on a full-time basis.

Superannuation

Marginal note:Scope of Part I

• 4 (1) Subject to this Part, an annuity or other benefit specified in this Part shall be paid to or in respect of every person who, being required to contribute to the Superannuation Account or the Public Service Pension Fund in accordance with this Part, dies or ceases to be employed in the Public Service, which annuity or other benefit shall, subject to this Part, be based on the number of years of pensionable service to the credit of that person.

• Marginal note:Superannuation Account

  (2) The Superannuation Account, established in the accounts of Canada pursuant to the Superannuation Act, is hereby continued.

Persons Required to Contribute

Marginal note:Persons required to contribute

• 5 (1) Subsections (1.1) to (1.4) apply to persons employed in the Public Service, other than

  • (a) [Repealed, 1992, c. 46, s. 2]

  • (b) an employee who is engaged for a term of six months or less or a seasonal employee, unless he or she has been employed in the Public Service substantially without interruption for a period of more than six months;

  • (c) subject to section 5.2, a person who, immediately before July 4, 1994, was employed in the Public Service as a part-time employee within the meaning of this Act as it read at that time and who has been so employed substantially without interruption since that time;

  • (d) an employee in receipt of a salary computed at an annual rate of less than nine hundred dollars, except any such employee who was a contributor under Part I of the Superannuation Act immediately before January 1, 1954 and has been employed in the Public Service substantially without interruption since that time;

  • (e) persons in positions, as determined by the Governor in Council with effect from July 11, 1966, in the whole or any portion of any board, commission or corporation that has its own pension plan while that pension plan is in force;

  • (f) an employee on leave of absence from employment outside the Public Service who, in respect of his or her current service, continues to contribute to or under any superannuation or pension fund or plan established for the benefit of employees of the person from whose employment he or she is absent;

  • (g) an employee whose compensation for the performance of the regular duties of his or her position or office consists of fees of office;

  • (h) an employee engaged locally outside Canada; or

  • (i) a sessional employee, a postmaster or assistant postmaster in a revenue post office, a person employed as a clerk of works, a member of the staff of Government House who is paid by the Governor General from his or her salary or allowance or an employee of a commission that is appointed under Part I of the Inquiries Act and added to Part I of Schedule I, unless designated by the Minister individually or as a member of a class.

  • (j) [Repealed, 1992, c. 46, s. 2]

• Marginal note:Contribution rates before 2004

  (1.1) A person is required to contribute, in respect of every year in the period beginning on January 1, 2000 and ending on December 31, 2003, by reservation from salary or otherwise,

  • (a) four per cent of the portion of his or her salary that is less than or equal to the Year’s Maximum Pensionable Earnings, as that term is defined in subsection 11(3); and

  • (b) seven and one-half per cent of the portion of his or her salary that is greater than the Year’s Maximum Pensionable Earnings.

• Marginal note:Contribution rates — 2004 and later

  (1.2) A person is required to contribute, in respect of every portion of the period beginning on January 1, 2004, by reservation from salary or otherwise, at the contribution rates determined by the Treasury Board in respect of that portion on the recommendation of the Minister.

• Marginal note:Funds for contributions

  (1.3) The contributions shall be made to the Superannuation Account for the period beginning on January 1, 2000 and ending on March 31, 2000 and shall be made to the Public Service Pension Fund for the period after that.

• Marginal note:Limitation — determination of contribution rates

  (1.4) In determining the contribution rates for the purposes of subsection (1.2) and paragraphs (3)(b), (3.1)(b) and (4)(b), the rates must not

  • (a) exceed by more than four-tenths of one per cent in respect of any portion of salary, whether less than, equal to or more than the Year’s Maximum Pensionable Earnings, the previous rate; and

  • (b) result in a total amount of contributions that would exceed forty per cent of the current service cost for the portion of the period in respect of the benefits payable under Parts I and III of this Act.

• Marginal note:Exception

  (2) Notwithstanding subsections (1) to (1.2), no person shall contribute to the Superannuation Account or the Public Service Pension Fund as required by those subsections in respect of periods of service in a category described in paragraph 3(2)(a) or (b) preceding June 29, 1984 and for which he or she did not make contributions to the Superannuation Account.

• Marginal note:Contribution rates — thirty-five years of service before January 1, 2000

  (3) A person who has to his or her credit, before January 1, 2000, a period of pensionable service — or a period of pensionable service and other pensionable service — totalling thirty-five years is not required to contribute under subsections (1.1) and (1.2) but is required to contribute, by reservation from salary or otherwise,

  • (a) to the Superannuation Account, in respect of the period beginning on January 1, 2000 and ending on December 31, 2003, in addition to any other amount required under this Act, at the rate of one per cent of the person’s salary; and

  • (b) to the Superannuation Account, in respect of the period beginning on January 1, 2004, in addition to any other amount required under this Act, at the rates determined by the Treasury Board on the recommendation of the Minister.

• Marginal note:Contribution rates — thirty-five years of service on or after January 1, 2000 and before April 1, 2000

  (3.1) A person who has to his or her credit, on or after January 1, 2000 and before April 1, 2000, a period of pensionable service — or a period of pensionable service and other pensionable service — totalling thirty-five years is only required to contribute under subsection (1.1) during the period beginning on January 1, 2000 and ending on the day before the person has to his or her credit those thirty-five years and after that day is not required to contribute under subsections (1.1) and (1.2) but is required to contribute, by reservation from salary or otherwise,

  • (a) to the Superannuation Account, in respect of the period beginning on that day and ending on December 31, 2003, in addition to any other amount required under this Act, at the rate of one per cent of the person’s salary; and

  • (b) to the Superannuation Account, in respect of the period beginning on January 1, 2004, in addition to any other amount required under this Act, at the rates determined by the Treasury Board on the recommendation of the Minister.

• Marginal note:Contribution rates — thirty-five years of service on or after April 1, 2000

  (4) A person who has to his or her credit, on or after April 1, 2000, a period of pensionable service — or a period of pensionable service and other pensionable service — totalling thirty-five years is only required to contribute under subsection (1.1) or (1.2) during the period beginning on April 1, 2000 and ending on the day before the person has to his or her credit those thirty-five years and after that day is not required to contribute under subsections (1.1) and (1.2) but is required to contribute, by reservation from salary or otherwise,

  • (a) to the Public Service Pension Fund, in respect of the period beginning on that day and ending on December 31, 2003, in addition to any other amount required under this Act, at a rate of one per cent of the person’s salary; and

  • (b) to the Public Service Pension Fund, in respect of the period beginning on January 1, 2004, in addition to any other amount required under this Act, at the rates determined by the Treasury Board on the recommendation of the Minister.

• Marginal note:Other pensionable service

  (5) For the purpose of subsections (3) to (4), “other pensionable service” means years of service giving rise to a superannuation or pension benefit of a kind specified in the regulations payable

  • (a) out of the Consolidated Revenue Fund, or out of any account in the accounts of Canada other than the Superannuation Account;

  • (b) out of or under a superannuation or pension fund or plan pursuant to which contributions have been paid out of the Consolidated Revenue Fund in respect of employees engaged locally outside of Canada; or

  • (c) out of the Canadian Forces Pension Fund within the meaning of the Canadian Forces Superannuation Act or the Royal Canadian Mounted Police Pension Fund within the meaning of the Royal Canadian Mounted Police Superannuation Act.

• Marginal note:Contributions not required

  (6) Notwithstanding anything in this Part,

  • (a) no person shall, in respect of any period of service of that person before July 14, 1960, contribute to the Superannuation Account or the Public Service Pension Fund in respect of any amount received as salary at a rate in excess of fifteen thousand dollars a year; and

  • (b) no person shall, in respect of any period of service of that person on or after December 15, 1994, make a contribution under this Part in respect of any portion of that person’s annual rate of salary that is in excess of the annual rate of salary that is fixed by or determined in the manner prescribed by the regulations.

Marginal note:Contributions not required

• 5.1 (1) Notwithstanding section 5, a person employed in the Public Service is not required to contribute to the Superannuation Account or the Public Service Pension Fund under that section if that person is engaged to work on average less than twelve hours a week or the lesser number of hours a week that may be prescribed by the regulations.

• Marginal note:Contributions not required

  (2) Notwithstanding section 5, a person employed in the Public Service who was so employed on September 9, 1993 and who, on September 8, 1993, was not required to contribute to the Superannuation Account by reason of the person being a person described in paragraph 5(1)(j) of this Act, as it read on September 8, 1993, is not required to contribute to the Account or the Public Service Pension Fund under that section in respect of any period of service on or after that day.

• Marginal note:Non-application

  (3) Subsection (2) does not apply to a person who makes an election under section 5.4.

Marginal note:Election for part-time employees

5.2 Every person referred to in paragraph 5(1)(c) who is engaged to work on average at least twelve hours a week or the lesser number of hours a week that may be prescribed by the regulations, may, subject to the regulations, elect to contribute to the Superannuation Account or the Public Service Pension Fund in accordance with section 5, beginning on the first day of the month following the month in which that person makes that election.

Marginal note:Election for leave of absence

• 5.3 (1) Subject to subsection (3), a contributor who is or has been absent from the Public Service on leave of absence without pay for a period that exceeds three months may, subject to the regulations, elect not to count as pensionable service under clause 6(1)(a)(ii)(A) that portion of the period that is in excess of three months.

• Marginal note:Contributions not required

  (2) Notwithstanding section 5, a contributor who makes an election under subsection (1) is not required to contribute to the Superannuation Account or the Public Service Pension Fund under that section in respect of the portion of the period to which the election relates.

• Marginal note:Exception

  (3) A contributor is not entitled to make an election under subsection (1) if

  • (a) the period of leave of absence ended before the day on which that subsection comes into force; and

  • (b) the contributor has, before that day, made all of the contributions that are required to be made by the contributor to the Superannuation Account in respect of that period.

• Marginal note:Transitional

  (4) A contributor who makes an election under subsection (1) in respect of a period of leave of absence that ended before the day on which that subsection comes into force and who has, before that day, made some but not all of the contributions that are required to be made by the contributor to the Superannuation Account in respect of that period shall, at the time the election is made, cease to be required to make any further contributions to the Superannuation Account in respect of that period and shall count as pensionable service under clause 6(1)(a)(ii)(A) such portion of that period as is prescribed by the regulations.

Marginal note:Election for certain persons over sixty-five years of age

• 5.4 (1) A person referred to in subsection 5.1(2) may, subject to the regulations, elect to count as pensionable service the period of service in respect of which that person was unable to contribute to the Superannuation Account by reason of the person being a person described in paragraph 5(1)(j) of this Act, as it read on the day immediately before the day on which that subsection comes into force.

• Marginal note:Payment

  (2) A person who makes an election under subsection (1) shall pay into the Superannuation Account, at the time and in the manner prescribed by the regulations, an amount determined in accordance with the regulations.

Marginal note:Election

• 5.5 (1) A person who has ceased to be employed in the Public Service before the day on which this subsection comes into force may, subject to the regulations, elect to count as pensionable service the period of service in respect of which that person was unable to contribute to the Superannuation Account by reason of the person being a person described in paragraph 5(1)(j) of this Act, as it read on the day immediately before that day.

• Marginal note:Payment

  (2) A person who makes an election under subsection (1) shall pay into the Superannuation Account, at the time and in the manner prescribed by the regulations, an amount determined in accordance with the regulations.

• Marginal note:Crediting of pensionable service

  (3) Where a person makes an election under subsection (1), the period of service that the person elects to count as pensionable service is deemed to be to the person’s credit as at the date the person most recently ceased to be employed in the Public Service.

Pensionable Service

Marginal note:Pensionable service

• 6 (1) Subject to this Part, the following service may be counted by a contributor as pensionable service for the purposes of this Part:

  • (a) non-elective service, comprising,

    • (i) in the case of a contributor who, immediately prior to January 1, 1954, was a contributor under Part I of the Superannuation Act,

      • (A) the period of his service as a contributor under Part I of the Superannuation Act, and

      • (B) the period during which he or she is required by subsections 5(1.1) and (1.2) to contribute to the Superannuation Account or the Public Service Pension Fund,

    • (ii) in the case of a contributor who, immediately prior to January 1, 1954, was not a contributor under Part I of the Superannuation Act,

      • (A) the period during which he or she is required by subsections 5(1.1) and (1.2) to contribute to the Superannuation Account or the Public Service Pension Fund,

      • (B) such portion of any period prior to becoming a contributor under this Part during which he has contributed to the Retirement Fund, in accordance with this Part or Part VI of the Superannuation Act or pursuant to any order of the Governor in Council, as is determined by the Minister in accordance with the regulations, and

      • (C) any period of service that he was entitled to count for the purposes of the Superannuation Act, for which he has paid but in respect of which he has not, at any time since he ceased to be a contributor under Part I of that Act, received any withdrawal allowance or other benefit thereunder, and

    • (iii) with reference to any contributor,

      • (A) any period of service that may be counted by that contributor as pensionable service pursuant to paragraph 29(a) or subsection 35(2), 40(11), (11.1) or (13) or 40.2(9),

      • (B) any period during which the contributor, having been a civil servant within the meaning of the Superannuation Act, was absent from the Public Service on active service in the forces during World War I or, being a contributor under Part I of the Superannuation Act, was absent from the Public Service on active service in the forces during World War II, having been granted leave of absence to enlist,

      • (C) any period prior to April 14, 1927 during which the contributor was absent from the Public Service on leave of absence without pay,

      • (D) any period of service in the Public Service before becoming a contributor under this Part during which he or she contributed to the Superannuation Account or the Public Service Pension Fund in the manner and at the rates set out in subsections 5(1.1) and (1.2), if that service is service for which he or she might have elected, under this Part or Part I of the Superannuation Act on subsequently becoming a contributor under those Parts, to pay, but for which he or she failed so to elect within the time prescribed for elections, and

      • (E) one-half of any period during which the contributor, being a person who became a contributor under Part I of the Superannuation Act before August 11, 1939 and did not elect to contribute in respect of his service in the Public Service prior to so becoming a contributor, and being a person whose service since that date has been substantially continuous, was employed in the Public Service prior to so becoming a contributor; and

  • (b) elective service, comprising,

    • (i) in the case of a contributor who, immediately prior to January 1, 1954, was a contributor under Part I of the Superannuation Act,

      • (A) any period of service for which he elected under the Superannuation Act to pay, and

      • (B) any period of service for which he might have elected, under the provisions of the Superannuation Act in force immediately prior to January 1, 1954, to pay, if he elects, within the time prescribed by those provisions, to pay for that service,

    • (ii) in the case of a contributor who, immediately prior to January 1, 1954, was not a contributor under Part I of the Superannuation Act, such portion of any period described in clause (a)(ii)(B) as is not included in the portion thereof determined by the Minister thereunder, if he elects, within one year of becoming a contributor under this Part, to pay for that portion, and

    • (iii) with reference to any contributor,

      • (A) any period of service on active service in the forces during World War I or World War II, if he elects, within one year of becoming a contributor under this Part, to pay for that service,

      • (B) any period of service before becoming a contributor under this Part, except any such period described in clause (a)(ii)(B), during which he was employed in the Public Service and was in receipt of salary, if he elects, within one year of becoming a contributor under this Part, to pay for that service,

      • (C) any continuous period of full-time service of six months or more in the Canadian Forces or the naval, army or air forces of Her Majesty raised by Canada or as a special constable of the Force who ceased to be a special constable of the Force on or after March 1, 1949, except any such period described in clause (A) or (G) of this subparagraph, if he elects, within one year of becoming a contributor under this Part, to pay for that period,

      • (D) any continuous period of full-time service of six months or more as an employee with an international organization specified in the regulations whose salary was paid out of the Consolidated Revenue Fund, if he elects, within one year of becoming a contributor under this Part, to pay for that service,

      • (E) any continuous period of full-time service of six months or more in civilian war service of a kind specified in the regulations, if he elects, within one year of becoming a contributor under this Part, to pay for that service,

      • (F) any period of service in pensionable employment immediately prior to becoming employed in the Public Service, if he elects, within one year of becoming a contributor under this Part, to pay for that service,

      • (G) any period of service that may be counted by him as pensionable service pursuant to subsection 39(1) of this Act or subsection 23(9) of the Public Service Superannuation Act, chapter P-36 of the Revised Statutes of Canada, 1970,

      • (H) any period of service with any board, commission, corporation or portion of the public service of Canada that is added to Schedule I on or after January 1, 1954, if he elects, within one year of that addition, to pay for that service,

      • (I) any period of service in respect of which he has received any amount by way of a return of contributions or other lump sum payment under this Part or Part I of the Superannuation Act, except any such period specified in clause (a)(iii)(C) or (E), if he elects, within one year of subsequently becoming a contributor under this Part, to pay for that service,

      • (I.1) any period of service in the Public Service, after December 31, 1980 and before the day on which this clause comes into force, as a part-time employee, if the contributor was a contributor immediately before the day on which this clause comes into force and the contributor elects, within one year after that day, to pay for that service,

      • (J) any period of service in respect of which payment was made to a public service employer or an approved employer under an agreement entered into pursuant to section 40 and in respect of which that contributor subsequently received a return of contributions or other lump sum payment, if he elects, within one year of becoming a contributor under this Part, to pay for that service,

      • (K) any period of service described in this paragraph, except a period described in clause (M) or (N), for which the contributor might have elected, under this Part, Part I of the Superannuation Act, the Canadian Forces Superannuation Act, the Royal Canadian Mounted Police Superannuation Act or any order in council made under The Canadian Forces Act, 1950, as amended by the Canadian Forces Act, 1954, to pay, but for which the contributor failed so to elect within the time prescribed therefor, if the contributor elects, at any time before ceasing to be employed in the Public Service, to pay for that service,

      • (L) any period of service in respect of which the contributor makes an election under subsection 5.3(1), if the contributor elects, at any time before the contributor ceases to be employed in the Public Service, to pay for that service,

      • (M) subject to the regulations, any period of service in respect of which payment of a transfer value to a contributor has been effected in accordance with subsection 13.01(2), if the contributor elects, in accordance with the regulations, to pay for that service, and

      • (N) subject to the regulations, any period of service in respect of which a payment has been made in respect of the contributor pursuant to an agreement entered into under subsection 40.2(2), if the contributor elects, in accordance with the regulations, to pay for that service.

• Marginal note:Definition of forces

  (2) For the purposes of clause (1)(a)(iii)(B), forces means, in the case of World War II, any of His Majesty’s naval, army or air forces, the Royal Canadian Mounted Police, the Corps of (Civilian) Canadian Fire Fighters for Service in the United Kingdom, the armed forces of the United States, the Fighting French forces and any other force designated by the Governor in Council for the purposes of this Part.

Elective Pensionable Service: Amount Required to be Paid

Marginal note:Amount to be paid

• 7 (1) Subject to subsection (1.1) and section 8, a contributor who is entitled under this Part to count as pensionable service any period of elective service specified in paragraph 6(1)(b) is required to pay, in respect thereof, the following:

  • (a) in respect of any period specified in clause 6(1)(b)(i)(A), any amount that he would have been required to pay under the Superannuation Act had that Act continued in force;

  • (b) in respect of any period specified in clause 6(1)(b)(i)(B), any amount that he would have been required to pay under the provisions of the Superannuation Act in force immediately prior to January 1, 1954;

  • (c) in respect of the portion referred to in subparagraph 6(1)(b)(ii), such amount as is determined in accordance with the regulations;

  • (d) in respect of any period specified in clause 6(1)(b)(iii)(A), an amount determined as follows:

    • (i) in the case of a person who, immediately prior to his enlistment in the forces, was employed in the Public Service on a full-time basis, an amount equal to the amount that he would have been required to contribute during the period of his service in the forces had he, during that period, been required to contribute in the manner and at the rates set out in subsection 5(1) as it read on December 31, 1965, in respect of a salary at the rate authorized to be paid to him on the most recent occasion on which he became a contributor under this Part, together with interest, and

    • (ii) in the case of a person who was not, immediately prior to his enlistment in the forces, employed in the Public Service on a full-time basis, an amount equal to twice the amount that he would have been required to contribute during the period of his service in the forces had he, during that period, been required to contribute in the manner and at the rates set out in subsection 5(1) as it read on December 31, 1965, in respect of a salary at the rate authorized to be paid to him on the most recent occasion on which he became a contributor under this Part, together with interest;

  • (e) in respect of any period specified in clause 6(1)(b)(iii)(B), an amount equal to the amount that he or she would have been required to contribute had he or she, during that period, been required to contribute

    • (i) if that period or any portion of it was before 1966, in the manner and at the rates set out in subsection 5(1) as it read on December 31, 1965, in respect of that period or portion,

    • (ii) if that period or any portion of it was after 1965 but before January 1, 2000, in the manner and at the rates set out in subsection 5(1), as it reads on December 31, 1999, in respect of that period or portion,

    • (iii) if that period or any portion of it was after 1999 but before January 1, 2004, in the manner and at the rates set out in subsection 5(1.1), in respect of that period or portion, and

    • (iv) if that period or any portion of it was after December 31, 2003, in the manner and at the rates determined under subsection 5(1.2), in respect of that period or portion,

    in respect of a salary at the rate authorized to be paid to him or her on the most recent occasion on which he or she became a contributor under this Part, together with interest;

  • (f) in respect of any period specified in clause 6(1)(b)(iii)(C), (D), (E), (F) or (J), an amount equal to twice the amount that he or she would have been required to contribute had he or she, during that period, been required to contribute

    • (i) if that period or any portion of it was before 1966, in the manner and at the rates set out in subsection 5(1) as it read on December 31, 1965, in respect of that period or portion,

    • (ii) if that period or any portion of it was after 1965 but before January 1, 2000, in the manner and at the rates set out in subsection 5(1), as it reads on December 31, 1999, in respect of that period or portion,

    • (iii) if that period or any portion of it was after 1999 but before January 1, 2004, in the manner and at the rates set out in subsection 5(1.1), in respect of that period or portion, and

    • (iv) if that period or any portion of it was after December 31, 2003, in the manner and at the rates determined under subsection 5(1.2), in respect of that period or portion,

    in respect of a salary at the rate authorized to be paid to him or her on the most recent occasion on which he or she became a contributor under this Part, together with interest;

  • (g) in respect of any period specified in clause 6(1)(b)(iii)(G), such amount as is required by subsection 39(2) to be paid by him therefor;

  • (h) in respect of any period specified in clause 6(1)(b)(iii)(H), an amount as specified in paragraph (e);

  • (i) notwithstanding anything in paragraphs (a) to (h), in respect of any period described in clause 6(1)(b)(iii)(I), an amount equal to the amount that he would have been required to contribute if he had elected under this Part, within the time prescribed for the making of the election, to pay for that period, and if during that period the rate of the salary authorized to be paid to him had been equal to the rate of salary authorized to be paid to him on the most recent occasion on which he became a contributor under this Part, together with interest;

  • (j) notwithstanding anything in this subsection, in respect of any period described in clause 6(1)(b)(iii)(K), an amount equal to the amount that he would have been required to pay if, not having been a contributor under Part I of the Superannuation Act immediately prior to January 1, 1954, he had elected under this Part, within the time prescribed for the making of the election, to pay for that period, and if during that period the rate of salary authorized to be paid to him had been equal to the rate of salary so authorized at the time when he made the election, together with interest; and

  • (k) in respect of any period specified in clause 6(1)(b)(iii)(I.1), (L), (M) or (N), such amount as is determined in accordance with the regulations.

• Marginal note:Amount to be paid in certain cases

  (1.1) Subject to section 8, a contributor who is entitled under this Part to count as pensionable service any period of elective service specified in clause 6(1)(b)(iii)(A), (B), (C), (D), (E), (F), (I), (J) or (K) is required to pay, in respect thereof and in lieu of any amount required under subsection (1), such amount as is determined in accordance with the regulations if

  • (a) that period of service consists of or includes service during which the contributor was employed in the Public Service as a part-time employee; or

  • (b) that period of service consists of or includes service of the contributor during which the contributor was employed in the Public Service on a full-time basis and the contributor is employed in the Public Service as a part-time employee at the time the contributor elects to pay for that service.

• Marginal note:Definition of “interest”

  (2) In this section, unless otherwise specified, interest means simple interest at four per cent per annum from the middle of the fiscal year in which the contributions would have been made, had the contributor been required to make those contributions during the period for which he elects to pay, until the first day of the month in which the election is made.

Elections

Marginal note:Manner of making elections

• 8 (1) Every election made by a contributor under this Part shall be made by him while employed in the Public Service and shall be evidenced in writing, in the form prescribed by the Minister, and signed by the person making the election, and the original thereof shall be forwarded to the Minister in the manner prescribed by the regulations within the time prescribed by this Part for the making of the election or, in the case of an election that may be made by the contributor at any time before he ceases to be employed in the Public Service, within one month from the time of making the election.

• Marginal note:Void elections

  (2) An election under this Part is void in so far as it is an election to pay for

  • (a) any period of service on active service in the forces during World War I or World War II or any period of service in the Public Service or in pensionable employment that the elector is entitled to count for the purpose of any superannuation or pension benefit of a kind specified in the regulations, otherwise than under the provisions of this Part;

  • (b) any period of service in the Public Service before January 1, 1981 as a part-time employee, within the meaning of this Act as it read from time to time before that date, unless it is service that may be counted under clause 6(1)(b)(i)(B);

  • (b.1) any period of service in the Public Service after December 31, 1980 as a part-time employee, unless it is service that may be counted under this Part and the elector was, during that period, engaged to work on average at least twelve hours a week or such lesser number of hours a week as may be prescribed by the regulations;

  • (c) any period of service in the Public Service as an employee whose compensation for the performance of the regular duties of his position or office consisted of fees of office;

  • (d) any period of service of less than ninety days as defined by the regulations unless it is service that may be counted under clause 6(1)(b)(iii)(I); or

  • (e) any period of service that is after 1965, before the day on which that elector reached the age of eighteen years and before the day on which this paragraph comes into force.

• Marginal note:Right to elect for part of period

  (3) A contributor who is entitled under this Part to elect to pay for a period of service is entitled, unless a contrary intention appears, to elect to pay for part only of that period but only that part that is most recent in point of time.

• Marginal note:Right to amend or revoke election

  (4) An election under this Part may be amended by the elector, within the time prescribed by this Part for the making of the election, by increasing the period or periods of service for which he elects to pay, and is otherwise irrevocable except under such circumstances and on such terms and conditions, including payment by the elector to Her Majesty of such amount in respect of any benefit accruing to that elector during the subsistence of the election, as a consequence of his having so elected, as the Governor in Council by regulation prescribes.

• Marginal note:Election deemed valid

  (5) Notwithstanding this Act or the Superannuation Act, where the Governor in Council is of opinion that a person

  • (a) has made an election under either Act in purported compliance with such Act and the regulations made pursuant thereto and that the purported election was made in good faith and was invalid by reason only of circumstances not attributable to fault on the part of that person, or

  • (b) was treated in error as being deemed to have elected pursuant to paragraph 51(2)(b),

  that person shall be deemed to have made a valid election for the purposes of the relevant provisions of this Act or the Superannuation Act, as the case may be, on such date and subject to such terms and conditions as may be prescribed by the Governor in Council.

• Marginal note:Manner of payment

  (6) Subject to this section, any amount required by subsection 7(1) or (1.1) or 39(7) to be paid by a contributor in respect of any period of service for which the contributor has elected to pay shall be paid by the contributor into the Superannuation Account or as required by subsection 39(7), as the case may be,

  • (a) in a lump sum, at the time of making the election, or

  • (b) in instalments, on such terms and computed on such bases as to mortality and interest as the Governor in Council by regulation prescribes,

  at his option.

• Marginal note:Election after March 31, 2000

  (6.1) For the purposes of subsections (6) and 39(2), an amount required to be paid by a contributor pursuant to an election made after March 31, 2000 shall be paid into the Public Service Pension Fund.

• Marginal note:Unpaid instalments

  (7) Where a contributor who has elected under this Part or the Superannuation Act to pay for any period of service and has undertaken to pay for that period of service in instalments ceases to be employed in the Public Service before all the instalments have been paid, the unpaid instalments may be reserved, in accordance with the regulations, from any amount payable to him by Her Majesty in right of Canada, including any annuity or other benefit payable to him under this Part, until such time as all the instalments have been paid, or the contributor dies, whichever occurs first.

• Marginal note:Recovery of amounts due

  (8) When an amount payable by a contributor into the Superannuation Account or the Public Service Pension Fund by reservation from salary or otherwise has become due, but remains unpaid at the time of death, that amount, with interest at four per cent per annum from the time when it became due, may be recovered, in accordance with the regulations, from any allowance payable under this Part to the survivor and children of the contributor, without prejudice to any other recourse available to Her Majesty with respect to the recovery of it, and any amount so recovered shall be credited to the Superannuation Account or paid into the Public Service Pension Fund and shall be deemed, for the purposes of the definition “return of contributions” in subsection 10(1), to have been paid into that Account or Fund by the contributor.

• Marginal note:Recovery of amount paid in error

  (9) Where any amount has been paid in error under this Part or Part III on account of any annuity, annual allowance or supplementary benefit, the Minister may retain by way of deduction from any subsequent payment of that annuity, allowance or supplementary benefit, in the manner prescribed by the regulations, an amount equal to the amount paid in error, without prejudice to any other recourse available to Her Majesty with respect to the recovery thereof.

Marginal note:Special procedures for certain elections

8.1 Where an election is made to count as pensionable service a period of service specified in clause 6(1)(b)(iii)(M) or (N), section 8 applies in the manner and to the extent set out in the regulations.

Marginal note:Calculation of time for making of certain elections

9 For the purposes of sections 6 and 39, the year within which a contributor may elect to count any service described in those sections as pensionable service for the purposes of this Part shall be deemed to end one year from the day on which written notice is sent by or on behalf of the Minister to that contributor informing him that he has become a contributor under this Part.

Benefits

Definitions, etc.

Marginal note:Definitions

• 10 (1) For the purposes of this Part,

  annuity

  pension

  annuity means an annuity computed in accordance with section 11; (pension)

  cash termination allowance

  allocation de cessation en espèces

  cash termination allowance means an amount equal to one month’s pay for each year of pensionable service computed on the basis of the rate of salary authorized to be paid to the contributor

  • (a) at the time he or she ceases to contribute to the Superannuation Account or the Public Service Pension Fund, or

  • (b) in the case of a contributor who continues to be employed in the Public Service after having ceased to contribute to the Superannuation Account or the Public Service Pension Fund pursuant to subsection 5(1.1) or (1.2), at the time he or she ceases to be employed in the Public Service,

  minus an amount equal to the amount by which

  • (c) the total amount the contributor would have been required to contribute to the Superannuation Account or the Public Service Pension Fund up to the time he or she ceases to be employed in the Public Service, other than interest or charges for payments by instalments, in respect of service after 1965, if he or she had contributed on the basis of the rates set out in subsection 5(1) as it read on December 31, 1965,

  exceeds

  • (d) the total amount the contributor was required to contribute to the Superannuation Account or the Public Service Pension Fund up to the time he or she ceases to be employed in the Public Service, other than interest or charges for payments by instalments, in respect of service after 1965; (allocation de cessation en espèces)

  deferred annuity

  pension différée

  deferred annuity means an annuity that becomes payable to the contributor at the time he reaches sixty years of age; (pension différée)

  immediate annuity

  pension immédiate

  immediate annuity means an annuity that becomes payable to the contributor immediately on his becoming entitled thereto; (pension immédiate)

  recipient

  prestataire

  recipient means a person to whom any benefit is or is about to become payable under this Part or out of the Retirement Fund; (prestataire)

  return of contributions

  remboursement de contributions

  return of contributions means a return of

  • (a) the amount paid by the contributor into the Superannuation Account or the Public Service Pension Fund, but not including any amount so paid pursuant to subsection 24(6) of the Royal Canadian Mounted Police Superannuation Act,

  • (b) any amount to his or her credit in the Retirement Fund that has been transferred to the Superannuation Account, and

  • (c) any amount paid by him or her into any other account or fund, together with interest, if any, that has been transferred to the Superannuation Account or the Public Service Pension Fund,

  to the extent that the amount remains to his or her credit in the Superannuation Account or the Public Service Pension Fund, together with interest, if any, calculated pursuant to subsection (9); (remboursement de contributions)

  transfer value

  valeur de transfert

  transfer value means a lump sum amount, representing the value of the contributor’s pension benefits, as determined in accordance with the regulations. (valeur de transfert)

• Marginal note:Duration of payment, etc., to contributor

  (2) Where an annuity or annual allowance becomes payable under this Part to a contributor, it shall, subject to the regulations, be paid in equal monthly instalments in arrears and shall continue, subject to this Part, during the lifetime of the contributor and thereafter until the end of the month in which he dies, and any amount in arrears thereof that remains unpaid at any time after his death shall be paid as provided in subsection 25(1), in respect of a return of contributions.

• Marginal note:Duration of payment, etc., to survivor or child

  (3) When an annual allowance becomes payable under this Part to a survivor or child, it shall, subject to the regulations, be paid in equal monthly instalments in arrears and shall continue, subject to this Part, until the end of the month in which the recipient dies or otherwise ceases to be entitled to receive an annual allowance, and any amount in arrears that remains unpaid at any time after the death of the recipient shall be paid to the estate or succession of the recipient or, if less than one thousand dollars, as the Minister may direct.

• Marginal note:Capitalization

  (4) When a person who is a contributor or survivor has become entitled under this Part to an annuity or annual allowance the amount of which would be less than two per cent of the Year’s Maximum Pensionable Earnings within the meaning of subsection 11(3) in respect of the year in which the request is made, there may be paid to that person, on request by that person, to the Minister in writing within three months from the day on which written notice is sent by the Minister informing the person of the amount of the annuity or annual allowance, an amount determined in accordance with the regulations to be the capitalized value of the annuity or annual allowance, which payment shall be in lieu of any other benefit under this Part and Part III.

• Marginal note:Options

  (5) Where, under section 12 or 13, a contributor is entitled to a benefit therein specified at his option,

  • (a) if he fails to exercise the option within one year from the time he became so entitled, he shall be deemed to have exercised it in favour of a benefit other than a lump sum payment as described in the definitions “cash termination allowance” and “return of contributions” in subsection (1);

  • (b) if, without having exercised or been deemed to have exercised the option, he becomes a contributor under the Canadian Forces Superannuation Act or the Royal Canadian Mounted Police Superannuation Act, he shall be deemed to have exercised the option immediately before becoming a contributor under that Act in favour of a benefit other than a lump sum payment as described in the definitions “cash termination allowance” and “return of contributions” in subsection (1); and

  • (c) if, without having exercised or been deemed to have exercised the option, he or she becomes re-employed in the Public Service, he or she ceases to be entitled to exercise the option until the time that he or she ceases to be so re-employed, unless before that time he or she becomes a contributor under this Part, in which case the period on which that benefit was based, except any such period specified in clause 6(1)(a)(iii)(C) or (E), shall be counted as pensionable service for the purposes of subsection 6(1).

• Marginal note:Revocation of option

  (6) Where, under section 12 or 13, a contributor is entitled to a benefit therein specified at his option, the option may be revoked and a new option exercised by the contributor, under such circumstances and on such terms and conditions as the Governor in Council by regulation prescribes.

• Marginal note:Contributor re-employed before return of contributions paid to him

  (7) Where a contributor who is entitled under section 12 or 13 to a return of contributions becomes re-employed in the Public Service and a contributor under this Part before those contributions have been paid to him, the period of pensionable service to which those contributions relate (except any such period specified in clause 6(1)(a)(iii)(C) or (E)) shall be counted as pensionable service for the purposes of this Part, and the amount of those contributions shall, in lieu of being paid to him, be applied in payment of or on account of the amount required by this Part to be paid by him for that service.

• Marginal note:Annuity in respect of locked-in contributions

  (8) A contributor who has to his credit a period of pensionable service in respect of which no amount can, by virtue of subsection 40(9), be paid to an approved employer is entitled in respect of that service, on ceasing to be employed in the Public Service, to a benefit specified in section 12 or 13 other than a cash termination allowance or a return of contributions.

• Marginal note:Interest on return of contributions

  (9) For the purposes of the definition “return of contributions” in subsection (1), interest shall be calculated in the manner that the regulations provide and on the balances that are determined in accordance with the regulations,

  • (a) at the rate of four per cent, compounded annually, for any period before January 1, 1997;

  • (b) at the rates established in the regulations made under paragraph 44(1)(c), compounded quarterly, for any period on or after January 1, 1997 and before April 1, 2000; and

  • (c) at the rates established in the regulations made under paragraph 42.1(1)(v.3), compounded quarterly, for any period beginning on or after April 1, 2000.

• Marginal note:Benefits not assignable, etc.

  (10) Subject to Part II of the Garnishment, Attachment and Pension Diversion Act and to the Pension Benefits Division Act,

  • (a) a benefit under this Part or Part III is not capable of being assigned, charged, anticipated or given as security and any transaction that purports to assign, charge, anticipate or give as security any such benefit is void;

  • (b) a benefit to which a contributor, survivor or child is entitled under this Part or Part III is not capable of being surrendered or commuted during the lifetime of that person except under subsection (4), section 13.01 and subsection 25(5) and any transaction that purports to so surrender or commute any such benefit is null and void; and

  • (c) a benefit under this Part or Part III is exempt from attachment, seizure and execution, either at law or in equity.

Annuities: How Computed

Marginal note:Computation of annuities

• 11 (1) The amount of any annuity to which a contributor may become entitled under this Part is an amount equal to the aggregate of

  • (a) an amount equal to

    • (i) the number of years of pensionable service to the credit of the contributor occurring in the period preceding the day on which this subsection comes into force, not exceeding thirty-five, divided by fifty,

    multiplied by

    • (ii) the average annual salary received by the contributor during any five-year period of pensionable service selected by or on behalf of the contributor, or during any period so selected consisting of consecutive periods of pensionable service totalling five years, or

    • (iii) in the case of a contributor who has to the contributor’s credit less than five years of pensionable service, the average annual salary received by the contributor during the period of pensionable service to the contributor’s credit; and

  • (b) an amount equal to

    • (i) the number of years of pensionable service to the credit of the contributor occurring in the period on and after the day on which this subsection comes into force, not exceeding thirty-five years less the number of years of pensionable service to the credit of the contributor under subparagraph (a)(i), divided by fifty,

    multiplied by the lesser of

    • (ii) the average annual salary received by the contributor during the period referred to in subparagraph (a)(ii) or (iii), as applicable, and

    • (iii) the annual rate of salary that is fixed by the regulations made under paragraph 42.1(1)(a), or that may be determined in the manner prescribed by those regulations, and in force on the day on which the contributor most recently ceased to be employed in the Public Service.

• Marginal note:Deduction from annuity

  (2) Notwithstanding subsection (1), unless the Minister is satisfied that a contributor

  • (a) has not reached the age of sixty-five years, and

  • (b) has not become entitled to a disability pension payable under paragraph 44(1)(b) of the Canada Pension Plan or a provision of a provincial pension plan similar thereto,

  there shall be deducted from the amount of any annuity to which that contributor is entitled under this Part an amount equal to thirty-five per cent of

  • (c) the average annual salary received by the contributor during the period of pensionable service described in subsection (1) applicable to him, not exceeding his Average Maximum Pensionable Earnings,

  multiplied by

  • (d) the number of years of pensionable service after 1965 to the credit of the contributor, not exceeding thirty-five, divided by fifty.

• Marginal note:Definitions

  (3) For the purposes of subsection (2),

  Average Maximum Pensionable Earnings

  moyenne des maximums des gains ouvrant droit à pension

  Average Maximum Pensionable Earnings means, with respect to any contributor, the average of the Year’s Maximum Pensionable Earnings for the year in which the contributor

  • (a) ceased to be employed in the Public Service, or

  • (b) becomes entitled to receive a retirement pension under the Canada Pension Plan or a provincial plan similar thereto,

  whichever is the earlier, and for each of the four preceding years; (moyenne des maximums des gains ouvrant droit à pension)

  Year’s Maximum Pensionable Earnings

  maximum des gains annuels ouvrant droit à pension

  Year’s Maximum Pensionable Earnings has the same meaning as in the Canada Pension Plan. (maximum des gains annuels ouvrant droit à pension)

• Marginal note:Air traffic controller benefits

  (4) For the purpose of paragraph (a) of the definition “Average Maximum Pensionable Earnings” in subsection (3) when applied in computing the annuity payable to a contributor pursuant to subsection 17(2), that contributor shall be deemed to have ceased to be employed in the Public Service at the time he ceased to be employed in operational service, as defined in section 15.

• Marginal note:Circumstances where annuity to be increased

  (5) Where a person who was a contributor on December 31, 1965, and who has been employed in the Public Service substantially without interruption since that day has become entitled to an immediate annuity under this Part and

  • (a) the amount of the annuity, together with such amount as is determined in accordance with the regulations to be the amount of any retirement or disability pension to which that person is entitled under the Canada Pension Plan or a provincial pension plan or, in the case of a retirement pension, to which he would be entitled thereunder, if he applied therefor and it had not been commuted, that is attributable to contributions made thereunder in respect of his employment in the Public Service,

  is less than

  • (b) the amount of the annuity to which he would have been entitled under this Part if no deduction was made as required under subsection (2),

  the amount of the annuity payable to him under this Part shall, on application therefor by him in the manner prescribed by the regulations, be increased by the amount of the difference effective from such day as is determined in accordance with the regulations.

• Marginal note:Exception

  (6) Subsection (5) does not apply to a person described therein during any period that a retirement pension is not payable to him.

• Marginal note:Salary deemed to have been received during certain periods

  (7) For the purposes of subsection (1),

  • (a) a person who has to his credit pensionable service that includes any period of service in the forces specified in clause 6(1)(a)(iii)(B) is deemed to have received during that period such salary as was authorized as payable to him from time to time;

  • (b) a person who has to his credit pensionable service that includes a period

    • (i) during which that person, having been employed in the Public Service immediately prior to his enlistment in the forces, was on active service in the forces during World War I, not having been a civil servant within the meaning of the Superannuation Act, or was on active service in the forces during World War II, not having been a contributor under Part I of that Act, or

    • (ii) during which that person, having been a contributor under Part I of the Superannuation Act immediately prior to his enlistment in the forces and having resigned to enlist, was on active service in the forces during World War II,

    is deemed to have received, during that period in World War I or World War II, a salary at a rate equal to the rate of salary authorized to be paid to him immediately prior to his enlistment, except that in the case of a person who was employed in the Public Service immediately prior to his enlistment in the forces during one of those wars but was not so employed immediately prior to his enlistment in the forces during the other war, the rate of salary that is deemed to have been received by that person during the period in which he was on active service in the forces during the other war is the initial rate of salary authorized to be paid to him on subsequently becoming employed in the Public Service;

  • (c) a person who has to his credit pensionable service that includes a period

    • (i) during which that person was on active service in the forces during World War I or World War II, not having been employed in the Public Service immediately prior to his enlistment or, in the case of a person who elected after January 1, 1954 to pay for that period, not having been employed in the Public Service on a full-time basis immediately prior to his enlistment,

    • (ii) during which that person was engaged in pensionable employment, or

    • (iii) of service of a kind described in clause 6(1)(b)(iii)(C), (D) or (E),

    is deemed to have received during that period a salary at a rate equal to the initial rate of salary authorized to be paid to him on subsequently becoming employed in the Public Service;

  • (c.1) a person who has to that person’s credit pensionable service described in clause 6(1)(b)(iii)(M) or (N) is deemed to have received during that period such salary as was authorized as payable to that person from time to time;

  • (d) a person who has to the person’s credit pensionable service that includes a period during which that person was absent from the Public Service on leave of absence without pay is deemed to have received during that period a salary at a rate as prescribed in the regulations;

  • (e) where a person has to his credit pensionable service that includes any period of service for which he elected or might have elected under this Part to pay an amount calculated on the basis of his salary at the rate authorized to be paid to him on the most recent occasion on which he became a contributor under this Part, he shall be deemed to have received during that period a salary at that rate, notwithstanding paragraphs (b) and (c);

  • (f) a person who, during World War II, was a contributor under Part I of the Superannuation Act is deemed to have received during that period any annual increase that he would have received but for an order in council restricting payment of annual increases to employees in the Public Service by reason of the war; and

  • (g) where the rate of salary authorized to be paid to a person at any time before July 14, 1960 exceeded fifteen thousand dollars a year, the annual rate deemed to have been so authorized at that time shall be fifteen thousand dollars.

• Marginal note:Computation of average annual salary

  (8) For the purposes of subparagraphs (1)(a)(ii) and (iii), any period of service during which a person is employed in the Public Service and is required to make contributions under any of subsections 5(3) to (4) is deemed to be a period of pensionable service to the credit of that person.

• Marginal note:Application

  (9) Subparagraphs (1)(a)(ii) and (iii), as enacted by subsection 15(1) of the Budget Implementation Act, 1999, apply with respect to benefits payable to or in respect of a person who contributes under section 5 or 65 on or after the day on which this subsection comes into force but do not apply to a person who became entitled to an annuity before the coming into force of this subsection, is re-employed in the Public Service and is a contributor referred to in section 29 and who, on ceasing to be re-employed, exercises an option in favour of a return of contributions or is only entitled to a return of contributions.

• Marginal note:Application

  (10) The definition “Average Maximum Pensionable Earnings” in subsection (3), as enacted by subsection 15(2) of the Budget Implementation Act, 1999, applies only with respect to deductions from annuities made under subsection (2) that take effect on or after the day on which this subsection comes into force.

Contributors with Less than Two Years of Pensionable Service

Marginal note:Contributors with less than two years of pensionable service

• 12 (1) The following provisions are applicable in respect of any contributor described in subsection (2):

  • (a) if the contributor ceases to be employed in the Public Service, having reached sixty years of age, or ceases to be employed in the Public Service by reason of having become disabled, he or she is entitled, at his or her option, to

    • (i) an immediate annuity, or

    • (ii) either a cash termination allowance or a return of contributions, whichever is the greater;

  • (b) if the contributor ceases to be employed in the Public Service, not having reached sixty years of age, for any reason other than disability, he or she is entitled, at his or her option, to

    • (i) a deferred annuity,

    • (ii) a return of contributions, or

    • (iii) an annual allowance calculated and payable in the manner set out in clause 13(1)(c)(ii)(D); and

  • (c) if the contributor becomes disabled, not having reached sixty years of age but having become entitled to a deferred annuity, he ceases to be entitled to that deferred annuity and becomes entitled to an immediate annuity.

  • (d) [Repealed, 1999, c. 34, s. 64]

• Marginal note:Contributor

  (2) For the purposes of subsection (1), a contributor described in this subsection is any contributor who

  • (a) having been a contributor under Part I of the Superannuation Act immediately prior to January 1, 1954 and having been employed in the Public Service substantially without interruption thereafter, has to the contributor’s credit less than two years of pensionable service;

  • (b) having to the contributor’s credit more than thirty-three years of service giving rise to a superannuation or pension benefit of a kind described in subsection 5(5), has to the contributor’s credit less than two years of pensionable service;

  • (c) having had to the contributor’s credit more than two years of pensionable service, has, on ceasing to be employed in the Public Service in order to become employed by an approved employer, less than two years of pensionable service remaining to the contributor’s credit for which no further contributions are required and that the contributor is unable to count as pensionable service for the purposes of the superannuation or pension fund or plan of that approved employer; or

  • (d) having had to the contributor’s credit more than two years of pensionable service, has, on ceasing to be employed in the Public Service in order to become a member of the regular force or of the Force, less than two years of pensionable service remaining to the contributor’s credit that the contributor is unable to count as pensionable service for the purposes of the Canadian Forces Superannuation Act or the Royal Canadian Mounted Police Superannuation Act.

• Marginal note:Other contributors

  (3) A contributor, other than a contributor described in subsection (2), who has to the contributor’s credit less than two years of pensionable service, is entitled, on ceasing to be employed in the Public Service, to a return of contributions.

• Marginal note:Allowance to survivor and children

  (4) On the death of a contributor who, at the time of death, was entitled under subsection (1) to an immediate annuity, a deferred annuity or an annual allowance, the survivor and children of the contributor are entitled to the following allowances, computed on the basis of the product obtained by multiplying the average annual salary of the contributor during the period applicable, as specified in subsection 11(1) or elsewhere in this Part for the purposes of that subsection, by the number of years of pensionable service to his or her credit, one one-hundredth of the product so obtained being referred to in this subsection as the “basic allowance”:

  • (a) in the case of the survivor, an immediate annual allowance equal to the basic allowance, and

  • (b) in the case of each child, an immediate annual allowance equal to one-fifth of the basic allowance or, if the contributor died without leaving a survivor, the survivor is dead or the survivor is not entitled to receive an allowance under this Part, two-fifths of the basic allowance,

  but the total amount of the allowances paid under paragraph (b) shall not exceed four-fifths of the basic allowance or, if the contributor died without leaving a survivor, the survivor is dead or the survivor is not entitled to receive an allowance under this Part, eight-fifths of the basic allowance.

• Marginal note:Idem

  (5) Where, in computing the allowances to which the children of a contributor are entitled under subsection (4), it is determined that there are more than four children of the contributor entitled to an allowance, the total amount of the allowances shall be apportioned among the children in such shares as the Minister deems just and proper under the circumstances.

• Marginal note:Allowance

  (6) Notwithstanding subsection (8), on the death of a contributor who at the time of death was a contributor described in paragraph (2)(a) or (b), the survivor and children of the contributor are entitled to the annual allowances to which they would have been entitled under subsection (4) had the contributor, immediately prior to death, become entitled under subsection (1) to an immediate annuity, a deferred annuity or an annual allowance.

• Marginal note:Allowance

  (7) On the death of a contributor who has, after having reached the age of forty-five years, received an amount as a cash termination allowance or as a return of contributions in respect of pensionable service prior to October 1, 1967, but who continued, on receiving the cash termination allowance or return of contributions, to have to his or her credit pensionable service after September 30, 1967 of less than five years, the survivor and children of the contributor are entitled to the annual allowances to which they would have been entitled under subsection (4) had the contributor, immediately before death, become entitled under subsection (1) to an immediate annuity, a deferred annuity or an annual allowance.

• Marginal note:Lump sum payment to survivor and children

  (8) Subject to subsection (7), on the death of a contributor who, not having been a contributor under Part I of the Superannuation Act immediately before January 1, 1954, or, having been a contributor under that Act at that time but not having continued to be employed in the Public Service substantially without interruption after that date, was employed in the Public Service at the time of the contributor’s death, having to the contributor’s credit less than two years of pensionable service, the survivor and children of the contributor, in any case where the contributor died leaving a survivor or a child less than eighteen years of age, are entitled, jointly, to a death benefit equal to a return of contributions.

• Marginal note:Definition of “child”

  (9) For the purposes of this section and section 13, child means a child of the contributor who

  • (a) is less than eighteen years of age; or

  • (b) is eighteen or more years of age but less than twenty-five years of age, and is in full-time attendance at a school or university, having been in such attendance substantially without interruption since the child reached eighteen years of age or the contributor died, whichever occurred later.

Contributors with Two or More Years of Pensionable Service

Marginal note:Contributors with two or more years of pensionable service

• 13 (1) The following provisions are applicable in respect of any contributor who has to the contributor’s credit two or more years of pensionable service:

  • (a) if the contributor ceases to be employed in the Public Service, having reached sixty years of age, the contributor is entitled to an immediate annuity;

  • (b) if the contributor ceases to be employed in the Public Service, not having reached sixty years of age, by reason of having become disabled, the contributor is entitled to an immediate annuity;

  • (c) if he or she ceases to be employed in the Public Service, not having reached sixty years of age, for any reason other than disability, he or she is entitled to,

    • (i) if at the time he or she ceases to be so employed he or she has reached fifty-five years of age and has to his or her credit not less than thirty years of pensionable service, an immediate annuity, or

    • (ii) in any other case, at his or her option

      • (A) a deferred annuity,

      • (B) if at the time he or she ceases to be so employed he or she has reached fifty years of age and has to his or her credit not less than twenty-five years of pensionable service, an annual allowance, payable immediately on his or her exercising his or her option, equal to the amount of the deferred annuity referred to in clause (A) reduced by the product obtained by multiplying five per cent of the amount of that annuity by

        • (I) fifty-five minus his or her age in years, to the nearest one-tenth of a year, at the time he or she exercises his or her option, or

        • (II) thirty minus the number of years, to the nearest one-tenth of a year, of pensionable service to his or her credit,

        whichever is the greater,

      • (C) if at the time he or she ceases to be so employed he or she has reached fifty-five years of age, has been employed in the Public Service for a period of or for periods totalling at least ten years and does not voluntarily retire from the Public Service, an annual allowance, payable immediately on his or her so ceasing to be employed, equal to the amount of the deferred annuity referred to in clause (A) reduced by the product obtained by multiplying

        • (I) five per cent of the amount of that annuity

        by

        • (II) thirty minus the number of years, to the nearest one-tenth of a year, of pensionable service to his or her credit,

        except that in any such case the whole or any part of the reduction provided for by this clause may be waived by the Treasury Board, or

      • (D) an annual allowance, payable

        • (I) immediately on his or her exercising his or her option, in the case of a contributor fifty or more years of age, or

        • (II) on his or her reaching fifty years of age, in the case of a contributor who exercises his or her option when he or she is less than fifty years of age,

        which allowance shall be equal to the amount of the deferred annuity referred to in clause (A) reduced by the product obtained by multiplying

        • (III) five per cent of the amount of that annuity

        by

        • (IV) sixty minus his or her age in years, to the nearest one-tenth of a year, at the time the allowance becomes payable; and

  • (d) if he becomes disabled, not having reached sixty years of age but having become entitled to

    • (i) a deferred annuity, he ceases to be entitled to that deferred annuity and becomes entitled to an immediate annuity, or

    • (ii) an annual allowance, he ceases to be entitled to that annual allowance and becomes entitled to an immediate annuity, which shall be adjusted in accordance with the regulations to take into account the amount of the annual allowance he has received.

  • (e) [Repealed, 1999, c. 34, s. 65]

• Marginal note:Allowance to survivor and children

  (2) On the death of a contributor who, at the time of death, was entitled under subsection (1) to an immediate annuity or a deferred annuity, or to an annual allowance payable immediately or on reaching fifty years of age, the survivor and children of the contributor are entitled to an annual allowance respectively, as described in paragraphs 12(4)(a) and (b) and subject to the limitations set out in subsections 12(4) and (5).

• Marginal note:Allowance to survivor and children

  (3) On the death of a contributor who was employed in the Public Service at the time of death, having to the contributor’s credit two or more years of pensionable service, the survivor and children of the contributor are entitled to the annual allowances to which they would have been entitled under subsection (2) had the contributor, immediately before the contributor’s death, become entitled under subsection (1) to an immediate annuity or a deferred annuity or an annual allowance payable immediately or on reaching fifty years of age.

• Marginal note:Voluntary retirement of contributor

  (4) Notwithstanding anything in this section, a contributor who voluntarily retires from the Public Service, not having been employed therein substantially without interruption for a period of two years immediately before retirement from the Public Service, is entitled only to a return of contributions.

• Marginal note:Exceptions

  (4.1) Subsection (4) does not apply to a contributor described in paragraph 10(5)(c) or subsection 10(7) or a contributor who has made an election in respect of any period specified in clause 6(1)(b)(iii)(M) or under subsection 39(6) or under any regulations made pursuant to subsection 42(8).

• Marginal note:Calculation of period of service

  (5) For the purposes of subsection (4), in calculating the period during which a contributor has been employed in the Public Service, there shall be included any period of service of the contributor

  • (a) as a member of the regular force or as a member of the Force, or

  • (b) with an approved employer with whom the Minister has entered into an agreement pursuant to section 40 or an eligible employer with whom the Minister has entered into an agreement pursuant to section 40.2, that the contributor is, pursuant to the agreement, entitled to count as pensionable service for the purposes of this Part,

  that is within a period of two years immediately before the contributor’s retirement from the Public Service.

• Marginal note:Where annual allowance to be adjusted

  (6) Where a contributor described in paragraph (1)(c) who was receiving an annual allowance payable under this Part is subsequently re-employed in the Public Service, the amount of any annuity or annual allowance to which that contributor may become entitled under this Part on again ceasing to be employed in the Public Service shall be adjusted in accordance with the regulations to take into account the amount of the annual allowance he has received.

• (7) [Repealed, 1999, c. 34, s. 65]

Marginal note:Transfer value

• 13.01 (1) Notwithstanding any other provision of this Act, except subsections 40(7) and 40.2(6), but subject to the terms and conditions set out in the regulations, a contributor who has ceased to be employed in the Public Service and is not entitled to an immediate annuity and has to the contributor’s credit two or more years of pensionable service is entitled, in the place of any other benefit under this Act to which the contributor would otherwise be entitled in respect of that period of pensionable service, to a transfer value that is payable to the contributor in accordance with subsection (2).

• Marginal note:Where transferred

  (2) The payment of a transfer value to which a contributor may be entitled pursuant to subsection (1) is effected by transferring it to, at the direction of the contributor,

  • (a) a pension plan selected by the contributor that is registered under the Income Tax Act, if that pension plan so permits;

  • (b) a retirement savings plan or fund for the contributor that is of the prescribed kind; or

  • (c) a financial institution authorized to sell immediate or deferred life annuities of the prescribed kind, for the purchase from that financial institution of such an annuity for the contributor.

• Marginal note:Election to pay by instalments

  (3) Where a contributor who is entitled to a transfer value has elected to pay for a period of pensionable service by means of instalments, the transfer value to which that contributor may become entitled under subsection (1) shall be determined in accordance with the regulations and by reference to the portion of the period of pensionable service that the contributor has paid for at the time the transfer value becomes payable.

Marginal note:Return of contributions where previous transfer value

13.02 Where a contributor is entitled to a return of contributions in respect of a period of service described in clause 6(1)(b)(iii)(M) for which the contributor has made an election, the return of contributions in respect of that service shall be paid in accordance with subsection 13.01(2).

Marginal note:Return of contributions where payment by previous employer

• 13.03 (1) Where a contributor is entitled to a return of contributions and the pensionable service to the contributor’s credit includes a period in respect of which

  • (a) a payment has been made into the Superannuation Account or the Public Service Pension Fund pursuant to an agreement entered into under section 40 or 40.2, and

  • (b) at the time the payment was made, the Pension Benefits Standards Act, 1985 or a provincial law within the meaning of subsection 40(10) required the locking-in of contributions,

  the return of contributions in respect of that period shall be paid in accordance with subsection 13.01(2).

• Marginal note:Deemed inclusion

  (2) For the purposes of this section, paragraph (c) of the definition return of contributions in subsection 10(1) is deemed to include a reference to the total payment made pursuant to an agreement entered into under section 40 or 40.2.

Marginal note:Election for former contributors

• 13.1 (1) Where a contributor who is entitled to an annuity or annual allowance under this Part has a spouse and the spouse would not be entitled to an immediate annual allowance under any other provision of this Part in the event of the contributor’s death, the contributor may, subject to the regulations, elect to reduce the amount of the annuity or annual allowance to which the contributor is entitled in order that the spouse could become entitled to an immediate annual allowance under subsection (3).

• Marginal note:Reduction of annuity or annual allowance

  (2) If a contributor makes an election under subsection (1), the amount of the annuity or annual allowance to which the contributor is entitled shall be reduced in accordance with the regulations but the actuarial present value of both the reduced annuity or annual allowance and the immediate annual allowance to which the spouse could become entitled under subsection (3) may not be less than the actuarial present value of the annuity or annual allowance to which the contributor is entitled immediately before the reduction is made.

• Marginal note:Payment to surviving spouse

  (3) Where a contributor who has made an election under subsection (1) dies and the election is not deemed to be revoked under subsection (4), the person, if any, who was the spouse of the contributor both at the time of the election and at the time of death is entitled to an immediate annual allowance in an amount determined in accordance with the election and the regulations.

• Marginal note:Revocation of election

  (4) If a contributor who makes an election under subsection (1) is subsequently re-employed in the Public Service and required by section 5 to contribute to the Superannuation Account or the Public Service Pension Fund, the election is deemed to be revoked at the time determined in accordance with the regulations.

• Marginal note:Section 25 does not apply

  (5) Section 25 does not apply in respect of a person referred to in subsection (3).

14 [Repealed, 1992, c. 46, s. 11]

Air Traffic Controllers

Marginal note:Definitions

15 In sections 16 to 24,

air traffic controller

air traffic controller means a contributor who is or was licensed as an air traffic controller pursuant to regulations made under paragraph 8(1)(a) of the Aeronautics Act; (contrôleur de la circulation aérienne)

operational service

operational service means service of a kind designated in the regulations made under paragraph 42(1)(rr) to be operational service and includes such periods of time spent away from such service as are specified under those regulations. (service opérationnel)

Marginal note:Where employment ceases voluntarily

• 16 (1) Where an air traffic controller employed in operational service on or after April 1, 1976 ceases voluntarily to be employed in that service, the following provisions apply:

  • (a) if he ceases to be so employed having reached fifty years of age and having to his credit twenty-five years or more of operational service that is pensionable service, he is entitled, at his option on ceasing to be employed in the Public Service, to an immediate annuity in respect of that service in lieu of any benefit under subsection 13(1) in respect of that service; or

  • (b) if he ceases to be so employed having reached forty-five years of age and having to his credit twenty years or more of operational service that is pensionable service, he is entitled, at his option on ceasing to be employed in the Public Service, to an annual allowance in respect of that service in lieu of any benefit under subsection 13(1) in respect of that service, payable immediately on his exercising his option, equal to the amount of the deferred annuity that would be payable under subsection 13(1) in respect of that operational service reduced by the product obtained by multiplying five per cent of the amount of that annuity by the greater of

    • (i) fifty minus his age in years, to the nearest one-tenth of a year, at the time he exercises his option, and

    • (ii) twenty-five minus the number of years, to the nearest one-tenth of a year, of that operational service to his credit.

• Marginal note:Deemed exercise of option

  (2) Where, under paragraph (1)(a), an air traffic controller is entitled at his option to an immediate annuity, he shall be deemed to have exercised his option under that paragraph in favour of an immediate annuity if he fails within one year from the time he became so entitled to exercise an option under subsection 13(1) in respect of the same service.

Marginal note:When employment ceases otherwise than voluntarily

• 17 (1) When an air traffic controller employed in operational service on or after April 1, 1976 ceases otherwise than voluntarily to be employed in that service for any reason, the following provisions apply:

  • (a) if he ceases to be so employed having to his credit twenty years or more of operational service that is pensionable service, he is entitled, at his option on ceasing to be employed in the Public Service, to an immediate annuity in respect of that service in respect of which he has not exercised an option under subsection (2) in lieu of any benefit under subsection 13(1) in respect of that service; or

  • (b) if he ceases to be so employed having to his credit ten years or more but less than twenty years of operational service that is pensionable service, he is entitled, at his option on ceasing to be employed in the Public Service, to an annual allowance in respect of that service in respect of which he has not exercised an option under subsection (2) in lieu of any benefit under subsection 13(1) in respect of that service, payable immediately on his exercising his option, equal to the amount of the deferred annuity that would be payable under subsection 13(1) in respect of that service reduced by the product obtained by multiplying five per cent of the amount of that annuity by twenty minus the number of years, to the nearest one-tenth of a year, of his operational service that is pensionable service, with a maximum reduction of thirty per cent.

• Marginal note:Employment in Public Service following operational service

  (2) Notwithstanding any other provision of this Act, where an air traffic controller referred to in subsection (1) is, following his operational service, employed in the Public Service in other than operational service and has not received a benefit pursuant to subsection (1) or subsection 13(1) in respect of his operational service, he is entitled, at his option, to an annuity equal to the amount of the immediate annuity or annual allowance that would have been payable to him under subsection (1) had he ceased to be employed in the Public Service when he terminated his operational service in respect of up to a maximum of fifty per cent of his operational service that is pensionable service, payable immediately on his exercising his option.

• Marginal note:Deferred portion of benefits

  (3) Where an air traffic controller exercises his option under subsection (2) and ceases to be employed in the Public Service, he is entitled to exercise an option under subsection (1) in respect of his operational service that is pensionable service for which he has not exercised an option under subsection (2).

• Marginal note:Deemed exercise of option

  (4) Where, under paragraph (1)(a), an air traffic controller is entitled at his option to an immediate annuity, he shall be deemed to have exercised his option under that paragraph in favour of an immediate annuity if he fails within one year from the time he became so entitled to exercise an option under subsection 13(1) in respect of the same service.

• (5) [Repealed, 1999, c. 34, s. 68]

Marginal note:Computation of benefit under subsection 13(1)

18 Where a person is entitled to a benefit under subsection 13(1) and exercises an option under section 16 or 17, the number of years of pensionable service to his credit shall, for the purpose of computing the benefit to which he is entitled under subsection 13(1), be deemed to be

• (a) the number of years of pensionable service to his credit

minus

• (b) the number of years of pensionable service to his credit in respect of which he has exercised an option under section 16 or 17.

Marginal note:Additional amount to be contributed by air traffic controllers

19 Subject to subsection 5(6), every person employed in operational service and required to contribute to the Superannuation Account or the Public Service Pension Fund under subsection 5(1.1) or (1.2) is, except in the circumstances described in subsections 5(3) to (4), required to contribute to the Superannuation Account or the Public Service Pension Fund by reservation from salary or otherwise, in addition to any other amount required under this Act, two per cent of his or her salary.

Marginal note:Contributions for elective service

• 20 (1) Operational service occurring on or after April 1, 1976 for which an election pursuant to section 6 has been made by a contributor or that may be counted by a contributor as pensionable service pursuant to subsection 40(11) or (11.1) may not be counted as operational service that is pensionable service for the purposes of sections 16 and 17 unless

  • (a) that election was made prior to June 30, 1981; or

  • (b) the contributor, at any time after he or she becomes employed in operational service but before he or she ceases to be employed in the Public Service, further elects to pay to the Superannuation Account or the Public Service Pension Fund in respect of that operational service an amount equal to the amount he or she would have been required to contribute had he or she, during that period, been required to contribute, at the rate of two per cent of his or her salary, together with interest within the meaning of subsection 7(2).

• Marginal note:Salary on which contributions based

  (2) For the purposes of paragraph (1)(b), the salary of a contributor is the salary at the rate authorized to be paid to him

  • (a) on the most recent occasion on which he became employed in operational service, if he elects under that paragraph within one year after he becomes employed in operational service to pay for that service; or

  • (b) at the time when he made the election, in any other case.

• Marginal note:Manner of payment

  (3) Subsection 8(6) applies with such modifications as the circumstances require in respect of amounts required to be paid under subsection (1).

Marginal note:Option

21 If an air traffic controller is entitled to a benefit under section 16 or subsection 17(1), and if he or she becomes re-employed in the Public Service without having exercised an option under section 16 or subsection 17(1) and is required to contribute to the Superannuation Account or the Public Service Pension Fund, he or she ceases to be entitled to exercise the option until the time that he or she ceases to be so re-employed.

Marginal note:Option

• 22 (1) If an air traffic controller who is receiving an annuity or an annual allowance under section 16 or subsection 17(1) or (5) is required to contribute to the Superannuation Account or the Public Service Pension Fund on being re-employed in the Public Service

  • (a) in operational service, any right or claim he may have had to the annuity or annual allowance shall forthwith be terminated and the period of service on which that benefit was based shall be counted by that person as pensionable service for the purposes of subsection 6(1); and

  • (b) in service other than operational service, any right or claim he may have had to the annuity or annual allowance shall forthwith be terminated and

    • (i) if he elects to retain that benefit, any right or claim that he would have had to that benefit shall be restored to him on ceasing to be so re-employed, or

    • (ii) if he does not elect to retain that benefit, the period of service on which that benefit was based shall be counted by that person as pensionable service for the purposes of subsection 6(1).

• Marginal note:Idem

  (2) Where a contributor referred to in subsection (1), on ceasing to be re-employed in the Public Service, exercises his 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,

  • (a) 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 so re-employed; and

  • (b) the benefit referred to in subsection (1) shall be restored to him or her.

Marginal note:Where annual allowance to be adjusted

23 Where an air traffic controller who is receiving an annual allowance payable under section 16 or subsection 17(1) or (5) is subsequently re-employed in the Public Service, the amount of any annuity or annual allowance to which he 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) to take into account the amount of any annual allowance he has received.

Marginal note:References to certain sections

24 A reference in subsection 10(6) to section 13 shall be read as including a reference to sections 16 and 17 and a reference in subsection 13(2) or (3) to subsection 13(1) shall be read as including a reference to section 16 and subsections 17(1) and (5).

Correctional Service of Canada

Marginal note:Definition of operational service

24.1 In sections 24.2 to 24.4, operational service means service of a kind designated in the regulations that is carried out in the institution or other premises designated in those regulations in respect of that kind of service, and includes such periods of time spent away from that service as are specified in those regulations.

Marginal note:Special pension plan

24.2 Any person who is employed in operational service by the Correctional Service of Canada on or after March 18, 1994 and who is required by subsection 5(1.1) or (1.2) to contribute to the Superannuation Account or the Public Service Pension Fund is entitled, at the person’s option on ceasing to be employed in the Public Service, in respect of the operational service that is pensionable service to the credit of that person, 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) in respect of that service.

Marginal note:Computation of benefit under subsection 13(1)

24.3 Where a person is entitled to a benefit under subsection 13(1) and section 24.2, the number of years of pensionable service to the credit of the person is, for the purpose of computing the benefit to which the person is entitled under subsection 13(1), deemed to be

• (a) the number of years of pensionable service to the credit of the person

minus

• (b) the number of years of pensionable service to the credit of the person in respect of which the person is entitled to a benefit under section 24.2.

Marginal note:Additional amount to be contributed

• 24.4 (1) Subject to subsections (2) and 5(6), every person who is employed in operational service by the Correctional Service of Canada on or after March 18, 1994 and who is required by subsection 5(1.1) or (1.2) to contribute to the Superannuation Account or the Public Service Pension Fund is, except in the circumstances described in subsections 5(3) to (4), required to contribute to the Superannuation Account or the Public Service Pension Fund by reservation from salary or otherwise, in addition to any other amount required under this Act, any percentage of the person’s salary that is fixed by or determined in the manner prescribed by the regulations.

• Marginal note:Exception

  (2) Subsection (1) does not apply to any person who is a member of a class of persons prescribed by the regulations.

Marginal note:References to certain sections

24.5 A reference in subsection 10(6) to a benefit specified at the contributor’s option under section 13 shall be read as including a reference to the contributor’s option to an immediate annuity or annual allowance under section 24.2, and a reference in subsection 13(2) or (3) to the immediate annuity, deferred annuity or annual allowance to which the contributor was entitled under subsection 13(1) shall be read as including a reference to the contributor’s entitlement to an immediate annuity or annual allowance under section 24.2.

Payments to Survivors, Children and Other Beneficiaries

Marginal note:Lump sum payments

• 25 (1) Where, in this Part, it is provided that the survivor and children of a contributor are entitled jointly to a return of contributions, the total amount of the return shall be paid to the survivor except that

  • (a) if at the time of the death of the contributor all of the children were eighteen years of age or over and at the time the payment is to be made the survivor is dead or cannot be found, the total amount shall be paid to the children in equal shares;

  • (b) if at the time of the death of the contributor any of the children were less than eighteen years of age, and the contributor died without leaving a survivor or at the time the payment is to be made the survivor is dead or cannot be found, the total amount shall be paid to the children in the shares that the Minister considers equitable and proper under the circumstances, or to any of them, as the Minister may direct;

  • (c) if any of the children who were less than eighteen years of age at the time of the death of the contributor are living apart from the survivor at the time the payment is to be made, the total amount shall be paid to the survivor and the children so living apart in the shares that the Minister considers equitable and proper under the circumstances, or to the survivor or any of the children so living apart, as the Minister may direct; and

  • (d) if the contributor died without leaving any children and at the time the payment is to be made the survivor is dead or cannot be found, or if the contributor died without leaving a survivor and at the time the payment is to be made all of the children are dead or cannot be found, the total amount shall be paid

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

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

• Marginal note:Apportionment when two survivors

  (2) If there are two survivors of a contributor, the share of the total amount to be paid to the survivor referred to in paragraph (a) of the definition “survivor” in subsection 3(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

  (2.1) Nothing in subsection (2) 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.

• Marginal note:Allowances paid to children

  (3) When a child of a contributor is entitled to an annual allowance or other amount under this Part, payment of it shall, if the child is less than eighteen years of age, be made to the person having custody and control of the child, or, if there is no person having custody and control of the child, to the person whom the Minister may direct.

• Marginal note:Person considered to be the survivor

  (4) For the purposes of this Part, 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

  (4.1) For the purposes of this Part, 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

  (5) A survivor is not entitled to receive an annual allowance if the survivor makes an irrevocable waiver under subsection (6).

• Marginal note:Permitted waivers

  (6) 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 12(4)(b); or

  • (b) a benefit being paid under section 27.

• Marginal note:Time for waiver

  (7) A waiver must be made no later than three months after the survivor is notified of his or her entitlement to an allowance under this Act 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

  (8) 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

  (9) 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

  (10) When an annual allowance is payable under paragraph 12(4)(a) or subsection 13(2) 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 3(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

  (11) In determining a number of years for the purposes of subsection (10), 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

  (12) When one of the survivors referred to in subsection (10) 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.

Marginal note:Marriage, etc. after retirement

• 26 (1) Subject to section 13.1 but notwithstanding any other provision of this Part, the survivor of a contributor is not entitled to an annual allowance in respect of the contributor under this Part if that contributor married the survivor or began to cohabit with the survivor in a relationship of a conjugal nature after having become entitled under this Part to an annuity or annual allowance, unless, after the marriage, or after the beginning of the period of cohabitation, the contributor became or continued to be a contributor under this Part.

• Marginal note:Child born, etc., after retirement

  (2) Notwithstanding anything in this Part, except as provided in the regulations, a child who is born to or adopted by a contributor or who becomes the stepchild of a contributor after that contributor ceases to be employed in the Public Service is not entitled to an allowance under this Part.

• Marginal note:Death within one year after marriage

  (3) Notwithstanding anything in this Part, 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.

• (4) [Repealed, 1989, c. 6, s. 4]

• Marginal note:Saving provision

  (5) Nothing in this section prejudices any right that a child of an earlier marriage of the contributor has to an allowance under section 12 or 13.

• Marginal note:Transitional

  (6) 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 unless the contributor, on or after December 20, 1975 but before January 1, 2000, was

  • (a) employed in the Public Service; and

  • (b) required by subsection 5(1) to contribute to the Superannuation Account.

  Section 2 does not apply in respect of this subsection.

• Marginal note:Transitional

  (7) 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 unless the contributor, on or after January 1, 2000, was

  • (a) employed in the Public Service; and

  • (b) required by subsections 5(1.1) or (1.2) to contribute to the Superannuation Account or the Public Service Pension Fund.

  Section 2 does not apply in respect of this subsection.

26.1 [Repealed, 1999, c. 34, s. 77]

Minimum Benefits

Marginal note:Minimum benefits

• 27 (1) If, on the death of a contributor who was not required to contribute to the Superannuation Account under subsection 5(1) in the period that began on or after December 20, 1975 and that ends on December 31, 1999 — or who was not required to contribute to the Superannuation Account or the Public Service Pension Fund under subsection 5(1.1) or (1.2) on or after January 1, 2000 — there is no person to whom an allowance provided in this Part may be paid, or if the persons to which that allowance may be paid die or cease to be entitled to that allowance 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 the Superannuation Act shall be paid, as a death benefit, to the contributor’s estate or succession or, if less than one thousand dollars, as the Minister may direct.

• Marginal note:Minimum benefits

  (2) If, on the death of a contributor who was required to contribute to the Superannuation Account under subsection 5(1) in the period that began on or after December 20, 1975 and that ends on December 31, 1999 — or who was required to contribute to the Superannuation Account or the Public Service Pension Fund under subsection 5(1.1) or (1.2) on or after January 1, 2000 — there is no person to whom an allowance provided in this Part may be paid, or if the persons to whom that allowance may be paid die or cease to be entitled to that allowance 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 11(1),

  exceeds

  • (b) the aggregate of all amounts paid to those persons and to the contributor under this Part and the Superannuation 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, and

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

Disability Payments

Marginal note:Disability payments

28 Where a contributor who

• (a) is less than sixty years of age, 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 The following provisions apply to any person who is entitled, under subsection 12(1) or 13(1) or any regulations made for the purposes of section 24.2, to an annuity or an annual allowance, or who has been granted, as a contributor under Part I of the Superannuation Act, any annual allowance or adjusted annual allowance thereunder:

• (a) if that person 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, annual allowance or adjusted 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 paragraph, he or she would have had to the annuity, annual allowance or adjusted annual allowance on ceasing to be so re-employed shall then be restored to him or her; and

• (b) if that person is re-employed in the Public Service and becomes a contributor under this Part, and the period of service on which his or her annuity, annual allowance or adjusted annual allowance was based included any period specified in clause 6(1)(a)(iii)(C) or (E), he or she may, within one year from the time when he or she became a contributor under this Part, elect to retain that annuity, annual allowance or adjusted annual allowance, in which case, from and after the date of that election, he or she shall be deemed, for the purposes of this section, not to have become a contributor under this Part in respect of his or her service since becoming so re-employed, but if, on ceasing to be so re-employed, he or she exercises an option under this Part in favour of a return of contributions or is not entitled to any benefit under this Part in respect of his or her service since becoming re-employed except 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 so re-employed.

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

  loi de Terre-Neuve

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

  Newfoundland service

  temps passé au service de Terre-Neuve

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

  transferred pensionable Newfoundland employee

  employé transféré de Terre-Neuve ayant droit à pension

  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.

Canadian Forces Superannuation Act and Royal Canadian Mounted Police Superannuation Act

Marginal note:Service that may be counted

• 39 (1) Any person who becomes a contributor under this Part, having been a member of the regular force but not having become entitled to an annuity, annual allowance or pension under the Canadian Forces Superannuation Act, or having been a member of the Force 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 Part, any period of service that, under the Canadian Forces 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 Part, to pay for that service.

• Marginal note:Amount to be paid

  (2) Where a person elects to pay for a period of service under subsection (1), the amount required by this Part to be paid by that person for that service is,

  • (a) in the case of service for which, by the Canadian Forces 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 first day of the month in which the election was made;

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

    • (i) if that period or any portion of it was before 1966, in the manner and at the rates set out in subsection 5(1) as it read on December 31, 1965, in respect of that service or that portion,

    • (ii) if that period or any portion of it was after 1965 but before January 1, 2000, in the manner and at the rates set out in subsection 5(1) as it reads on December 31, 1999 in respect of that service or that portion,

    • (iii) if that period or any portion of it was after 1999 but before January 1, 2004, in the manner and at the rates set out in subsection 5(1.1), in respect of that service or that portion, and

    • (iv) if that period or any portion of it was after December 31, 2003, in the manner and at the rates determined under subsection 5(1.2), in respect of that service or that portion,

    in respect of a salary at a rate equal to the rate authorized to be paid to him or her on the most recent occasion on which he or she became a contributor under this Part, together with interest, as defined in subsection 7(2); and

  • (c) notwithstanding paragraph (a), in the case of service for which, by the Canadian Forces Superannuation Act or the Royal Canadian Mounted Police Superannuation Act, as the case may be, he or she was required to pay, and in respect of which he or she has received an amount by way of a return of contributions or a cash termination allowance, an amount equal to the amount that he or she would have been required to pay had he or she, during the period of that service, been required to contribute

    • (i) if that period or any portion of it was before 1966, in the manner and at the rates set out in subsection 5(1) as it read on December 31, 1965, in respect of that service or that portion,

    • (ii) if that period or any portion of it was after 1965 but before January 1, 2000, in the manner and at the rates set out in subsection 5(1) as it reads on December 31, 1999 in respect of that service or that portion,

    • (iii) if that period or any portion of it was after 1999 but before January 1, 2004, in the manner and at the rates set out in subsection 5(1.1), in respect of that service or that portion, and

    • (iv) if that period or any portion of it was after December 31, 2003, in the manner and at the rates determined under subsection 5(1.2), in respect of that service or that portion,

    in respect of a salary at a rate equal to the rate authorized to be paid to him or her on the most recent occasion on which he or she became a contributor under this Part, together with interest, as defined in subsection 7(2).

• Marginal note:Salary deemed to have been received

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

  • (a) by the Canadian Forces 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 (2)(a), or

  • (b) by this Part, in the case of service of the kind described in paragraph (2)(b) or (c),

  was determined.

• Marginal note:Surrender of benefits on election

  (4) Notwithstanding anything in the Canadian Forces Superannuation Act or the Royal Canadian Mounted Police Superannuation Act, on the making of any election under subsection (1), the person so electing and any person to whom any benefit might otherwise have become payable under the Canadian Forces 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

  (5) Any person who becomes a contributor under this Part, having been a member of the regular force and having become entitled to an annuity, annual allowance or pension under the Canadian Forces Superannuation Act, or having been a member of the Force 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 Part, to retain that annuity, annual allowance or pension, but the period of service on which that annuity, annual allowance or pension was based may not be counted by that person for the purposes of any benefit to which he may become entitled under this Part by reason of having become a contributor hereunder.

• Marginal note:Election to surrender benefits

  (6) Notwithstanding subsection (5), any person to whom that subsection applies may elect, after becoming a contributor under this Part, to surrender the annuity, annual allowance or pension therein referred to, in which case, notwithstanding anything in the Canadian Forces 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 Canadian Forces 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 subsections (1) and (2), and the person so electing shall be subject to subsections (1) and (2) in all respects as though he had not become entitled to an annuity, annual allowance or pension under that Act but had elected under subsection (1) to pay for the whole of that service.

• Marginal note:Repayment of certain benefits

  (7) If a person to whom subsection (5) applies elects, under subsection (6), to surrender the annuity, annual allowance or pension referred to in subsection (5), the person so electing shall pay an amount equal to the amount of the annuity, annual allowance, pension or supplementary benefit paid to him or her for any period commencing in any month commencing after he or she has been a contributor under this Part for one year, together with simple interest at four per cent per annum and the amount so paid shall be

  • (a) if the election is made before April 1, 2000, credited to the account maintained in the accounts of Canada pursuant to Part I of the Canadian Forces Superannuation Act or pursuant to the Royal Canadian Mounted Police Superannuation Act; or

  • (b) if the election is made on or after April 1, 2000, paid into the Canadian Forces Pension Fund within the meaning of the Canadian Forces Superannuation Act or the Royal Canadian Mounted Police Pension Fund within the meaning of the Royal Canadian Mounted Police Superannuation Act, or credited to one of the accounts referred to in paragraph (a), according to the fund or account from which the annuity, annual allowance, pension or supplementary retirement benefit was originally paid.

• Marginal note:Amount to be credited to Superannuation Account

  (8) On the making of an election under this section before April 1, 2000, by which the person so electing is required by this Part to pay for a period of service of the kind described in paragraph (2)(a), there shall be charged to the account maintained in the accounts of Canada pursuant to the Canadian Forces Superannuation Act or the Royal Canadian Mounted Police Superannuation Act, as the case may be, and credited to the Superannuation Account in respect of that person, an amount equal to the amount determined under subparagraph (2)(a)(ii), and for the purposes of the Canadian Forces 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 in that Act minus the amount required by this subsection to be credited to the Superannuation Account on the making of the election.

• Marginal note:Amount to be paid

  (8.1) Subsection (8) applies, with any modifications that the circumstances require, to an election made on or after April 1, 2000, and a reference to “the account maintained in the accounts of Canada pursuant to the Canadian Forces Superannuation Act or the Royal Canadian Mounted Police Superannuation Act” shall be read as a reference to “the Canadian Forces 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 “Public Service Pension Fund”.

• Marginal note:Amount to be credited to Superannuation Account

  (9) On the making of an election under this section before April 1, 2000, under which the person so electing is required to pay for any period of service of the kind described in paragraph (2)(c), there shall be charged to the account maintained in the accounts of Canada pursuant to the Canadian Forces Superannuation Act or the Royal Canadian Mounted Police Superannuation Act, as the case may be, and credited to the Superannuation Account in respect of that person, an amount equal to the amount of any return of contributions received by that person under that Act.

• Marginal note:Amount to be paid

  (10) Subsection (9) applies, with any modifications that the circumstances require, to an election made on or after April 1, 2000, and a reference to “the account maintained in the accounts of Canada pursuant to the Canadian Forces Superannuation Act or the Royal Canadian Mounted Police Act” shall be read as a reference to “the Canadian Forces Pension Fund or the Royal Canadian Mounted Police Pension Fund” in respect of the portion of the return of contributions that was paid from that fund, and a reference to “the Superannuation Account” shall be read as a reference to the “Public Service Pension Fund”.

Reciprocal Transfer Agreements

Marginal note:Definition of approved employer

• 40 (1) In this section, approved employer means an employer for the benefit of whose employees there is an established superannuation or pension fund or plan approved by the Minister for the purposes of this Part, and includes the administrator of any such superannuation or pension fund or plan established for those employees.

• Marginal note:Authority to enter into agreement

  (2) The Minister may, with the consent of the Governor in Council and on terms approved by the Treasury Board, enter into an agreement with any approved employer under which, in consideration of the agreement of that employer to pay into the Superannuation Account or the Public Service Pension Fund an amount determined in accordance with the agreement in respect of any employee of that employer who becomes or has become employed in the Public Service, the Minister will pay to that employer, for the purpose of any superannuation or pension fund or plan established for the benefit of employees of that employer, an amount determined in accordance with subsection (3) or (4) in respect of any contributor who has ceased or ceases to be employed in the Public Service to become employed by that employer.

• Marginal note:Authority to transfer contributions

  (3) If, before October 15, 2000, a contributor ceases to be employed in the Public Service to become employed by an approved employer with whom the Minister has entered into an agreement pursuant to subsection (2), the Minister may, subject to subsection (9) and if the agreement so provides, pay to that employer out of the Superannuation Account or the Public Service Pension Fund,

  • (a) an amount equal to the total amount paid into the Superannuation Account and the Public Service Pension Fund in respect of that employee, except any portion of the amount so paid by Her Majesty in right of Canada;

  • (b) the amount paid into the Superannuation Account and the Public Service Pension Fund in respect of that employee by Her Majesty in right of Canada that the Minister determines; and

  • (c) the amount representing interest that the Minister determines.

• Marginal note:Idem

  (4) Where a contributor has ceased or ceases to be employed in the Public Service to become employed by any approved employer as a result of a transfer of the administration of any service from Her Majesty in right of Canada to the approved employer and the Minister has entered into an agreement with the approved employer pursuant to subsection (2), the Minister may, subject to subsection (9) and if the agreement so provides, pay to that employer out of the Superannuation Account

  • (a) amounts equal in the aggregate to

    • (i) the value, actuarially calculated in accordance with and as of the effective date of the agreement, of all benefits accrued under this Part in respect of the pensionable service of the contributor, and

    • (ii) such amount representing interest as the Minister determines, or

  • (b) the benefits payable under this Part and Part III to or in respect of the contributor, as they become payable,

  less any amounts previously paid in respect of the contributor under subsection (12).

• Marginal note:Consent of contributor

  (5) No payment shall be made pursuant to subsection (3) or (4) except with the consent in writing of the contributor.

• Marginal note:Non-applicability of subsection 10(10)

  (6) Subsection 10(10) does not apply in respect of a payment made pursuant to subsection (3) or (4).

• Marginal note:No benefit payable in respect of transferred contributions

  (7) Subject to any regulations made under paragraph 42.1(1)(u), where, pursuant to subsection (3) or paragraph (4)(a), the Minister makes a payment to an approved employer in respect of an employee, that employee ceases to be entitled to any benefit under this Part or Part III in respect of the period of pensionable service to which that payment relates.

• Marginal note:Payment of balance to contributor

  (8) When

  • (a) the amount paid by the Minister to an approved employer pursuant to subsection (3) in respect of an employee,

  together with

  • (b) the amount determined by the Minister as having being paid into the Superannuation Account and the Public Service Pension Fund in respect of that employee and in respect of which that employee is or may become entitled to a benefit under this Part or Part III,

  is less than

  • (c) the amount determined by the Minister as being the total amount paid into the Superannuation Account and the Public Service Pension Fund by and in respect of that employee,

  the Minister may pay to that employee an amount not exceeding that difference.

• Marginal note:Prohibition on transfer of certain contributions

  (9) No amount paid into the Superannuation Account or the Public Service Pension Fund in respect of any period of service of a person described in subsection (11) or (13)

  • (a) that, at the time that person ceased to be employed by an approved employer or the administration of any service in which he or she was employed was transferred to Her Majesty in right of Canada, he or she was entitled to count for the purpose of any superannuation or pension fund or plan established for the benefit of persons employed by that employer or in that service, and

  • (b) in respect of which the Pension Benefits Standards Act, 1985 or a provincial law required the vesting of benefits or the locking-in of contributions

  shall be paid out of the Superannuation Account or the Public Service Pension Fund to an approved employer for the purpose of any superannuation or pension fund or plan established for the benefit of employees of that employer if that fund or plan is not subject to the Pension Benefits Standards Act, 1985 or a provincial law.

• Marginal note:Definition of provincial law

  (10) For the purposes of subsection (9), provincial law means a law of a province that, in the opinion of the Minister, is substantially similar to the Pension Benefits Standards Act, 1985.

• Marginal note:Service countable by employee entering Public Service

  (11) When an employee of an approved employer with whom the Minister has entered into an agreement pursuant to subsection (2) has ceased to be employed by that employer to become employed in the Public Service and becomes a contributor before April 1, 2000, any service of that employee that, at the time he or she left that employment, he or she was entitled to count for the purpose of any superannuation or pension fund or plan established for the benefit of employees of that employer may, if the agreement so provides, be counted by him or her as pensionable service for the purposes of subsection 6(1) without contribution by him or her except as specified in the agreement if, within one year from the time when he or she becomes a contributor under this Part or within the further time that is specified in the agreement, the employer pays into the Superannuation Account the amount that is required under the agreement to be paid by that employer in respect of the employee.

• Marginal note:Service countable by employee entering Public Service

  (11.1) If an employee of an approved employer with whom the Minister has entered into an agreement pursuant to subsection (2) has ceased to be employed by that employer to become employed in the Public Service, and becomes a contributor, on or after April 1, 2000, subsection (11) applies, with any modifications that the circumstances require, and a reference to “the Superannuation Account” shall be read as a reference to “the Public Service Pension Fund” in respect of any period of pensionable service on or after April 1, 2000.

• Marginal note:Transfer of past contributions

  (12) The Minister may pay to any approved employer with whom he has entered into an agreement pursuant to subsection (2), in respect of any employee of that employer who, having been a contributor under this Part or Part I of the Superannuation Act, ceased to be employed in the Public Service prior to the day on which the agreement was entered into to become employed by that employer and has not at any time received any withdrawal allowance or other benefit under this Part or the Superannuation Act, such amount out of the Superannuation Account, not exceeding the total amount paid into or credited to that Account in respect of that employee, as is determined by the Minister, having regard to the terms of the agreement.

• Marginal note:Pensionable service in service transferred to Her Majesty

  (13) Where the administration of any service is or has been transferred to Her Majesty in right of Canada, every person who becomes or has become employed in the Public Service as a result of that transfer may, notwithstanding any previous election made under this Act, count as pensionable service for the purpose of subsection 6(1) any period of service prior to that transfer that he was entitled to count for the purpose of any superannuation or pension fund or plan established for the benefit of persons employed in that service, subject to such terms and conditions as the Treasury Board may prescribe.

• Marginal note:Amounts paid into S.R.B. Account

  (14) Where, in this section, reference is made to amounts paid into the Superannuation Account by or in respect of an employee, the reference shall be deemed to include amounts paid into or credited to that Account by or in respect of that employee pursuant to Part III.

Divestiture of Service

Marginal note:Divestiture of service

• 40.1 (1) Where Her Majesty in right of Canada transfers or otherwise divests Herself of the administration of a service to any person or body, this Act and the regulations made under this Act apply, in the manner and to the extent provided in any regulations made under paragraph 42.1(1)(u), to any contributor who, as a result of that transfer or divestiture, ceases to be employed in the Public Service and who, on or after that transfer or divestiture, becomes, directly or through an agent of that person or body, employed by the person or body to whom the service is transferred or divested.

• Marginal note:Transitional coverage

  (2) Notwithstanding the definition “Public Service” in subsection 3(1), the Treasury Board may, subject to the terms and conditions that may be prescribed by the regulations made under paragraph 42.1(1)(v.5), including the requirement of the person or body referred to in subsection (1) to pay into the Superannuation Account or the Public Service Pension Fund the amount determined in accordance with those regulations,

  • (a) direct that the person or body forms part of the Public Service during such period, not exceeding the period prescribed by the regulations, as is determined by the Treasury Board; and

  • (b) determine those classes of persons employed by the person or body who are not required to contribute under section 5.

Transfer Agreements

Marginal note:Definition of “eligible employer”

• 40.2 (1) In this section, eligible employer means an employer for the benefit of whose employees there is a pension plan or retirement savings plan of a class prescribed by regulations made under paragraph 42.1(1)(v.6), and includes the administrator of any such pension plan or retirement savings plan.

• Marginal note:Authority to enter into agreement

  (2) The Minister may, on terms approved by the Treasury Board, enter into an agreement with any eligible employer that

  • (a) requires the Minister to pay to that employer, for the purpose of any plan referred to in subsection (1), an amount determined in accordance with subsection (3) in respect of any contributor who has ceased or ceases to be employed in the Public Service and is or becomes employed by that employer; and

  • (b) may provide that any eligible employer pay into the Superannuation Account or the Public Service Pension Fund an amount determined in accordance with the agreement in respect of any person who has ceased or ceases to be employed by that employer and is or becomes employed in the Public Service.

• Marginal note:Authority to transfer contributions

  (3) When a contributor ceases to be employed in the Public Service and is or becomes employed by any eligible employer with whom the Minister has entered into an agreement pursuant to subsection (2), there may be paid, subject to the terms and conditions that the agreement provides and if the agreement so provides, to that employer

  • (a) out of the Superannuation Account

    • (i) amounts equal in the aggregate to

      • (A) an amount not exceeding the value, actuarially calculated in accordance with the agreement, of all benefits accrued under this Part and Part III in respect of the pensionable service to the credit of the contributor before April 1, 2000, and

      • (B) an amount representing interest on the amount determined in accordance with clause (A) as of the date of payment to the eligible employer that the Minister determines, or

    • (ii) the benefits payable under this Part and Part III to or in respect of the contributor, as they become payable, in respect of the pensionable service to the credit of the contributor before April 1, 2000; and

  • (b) out of the Public Service Pension Fund

    • (i) amounts equal in the aggregate to

      • (A) an amount not exceeding the value, actuarially calculated in accordance with the agreement, of all benefits accrued under this Part and Part III in respect of the pensionable service of the contributor on or after April 1, 2000 or that comes to the credit of the contributor on or after that date, and

      • (B) an amount representing interest on the amount determined in accordance with clause (A) as of the date of payment to the eligible employer that the Minister determines, or

    • (ii) the benefits payable under this Part and Part III to or in respect of the contributor, as they become payable, in respect of the pensionable service to the credit of the contributor on or after April 1, 2000 or that comes to the credit of the contributor on or after that date.

• Marginal note:Consent of contributor

  (4) No payment shall be made pursuant to subsection (3) except with the consent in writing of the contributor.

• Marginal note:Non-applicability of subsection 10(10)

  (5) Subsection 10(10) does not apply in respect of a payment made pursuant to subsection (3).

• Marginal note:No benefit payable in respect of transferred contributions

  (6) Subject to any regulations made under paragraph 42.1(1)(u), if, under paragraph (3)(a) or (b), the Minister makes a payment to an eligible employer in respect of an employee, that employee ceases to be entitled to any benefit under this Part or Part III in respect of the period of pensionable service to which that payment relates.

• Marginal note:Payment of difference to employee who was vested

  (7) Subject to subsection (8), where the amount paid by the Minister to an eligible employer pursuant to subsection (3) in respect of an employee is less than the transfer value that would be calculated in respect of that employee in accordance with section 13.01, whether or not the employee would otherwise be entitled to the transfer value, the Minister shall pay an amount equal to the amount of the difference to the employee in accordance with subsection 13.01(2).

• Marginal note:Payment of difference to employee who was not vested

  (8) Where the amount paid by the Minister to an eligible employer pursuant to subsection (3) in respect of an employee is less than the return of contributions to which that employee would otherwise be entitled under section 12 or 13, the Minister shall pay to the employee an amount equal to the amount of the difference.

• Marginal note:Service countable by employee entering Public Service

  (9) If an employee of any eligible employer with whom the Minister has entered into an agreement under subsection (2) has ceased to be employed by that employer and is or becomes employed in the Public Service, any service of that employee that, at the time of leaving that employment, the employee was entitled to count for the purpose of any plan referred to in subsection (1) established for the benefit of employees of that employer may, if the agreement so provides, be counted by the employee as pensionable service for the purposes of subsection 6(1), to the extent and subject to the terms and conditions provided in the regulations, if the employer pays into the Superannuation Account or the Public Service Pension Fund, the amount that is required under the agreement to be paid by that employer in respect of the employee.

Marginal note:Transitional

• 40.3 (1) No agreement may be entered into under subsection 40(2) on or after the day on which this subsection comes into force.

• Marginal note:Deemed termination of certain agreements

  (2) Any agreement entered into under subsection 40(2) before the day on which subsection (1) comes into force, other than an agreement prescribed by the regulations made under subsection (3), that has not been terminated within the three year period after that day is deemed to be terminated on the expiration of that period.

• Marginal note:Regulations

  (3) The Governor in Council may make regulations prescribing the agreements made under subsection 40(2) that are to be excluded from the application of subsection (2).

Advisory Committee

Marginal note:Advisory committee established

• 41 (1) There is established a committee, to be known as the Public Service Pension Advisory Committee, the members of which are appointed by the Governor in Council in accordance with subsection (3), to advise and assist the Minister on matters arising in connection with the operation of this Act in accordance with subsection (2).

• Marginal note:Mandate

  (2) 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

  (3) The membership of the committee shall consist of

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

  • (b) six members appointed from among persons who are nominated for appointment by that portion of the National Joint Council of the Public Service of Canada that represents employees; and

  • (c) six other members nominated by the Minister.

• Marginal note:Term

  (4) A member 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

  (5) 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.

Regulations

Marginal note:Regulations

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

  • (a) prescribing the circumstances under which annuities and annual allowances are to be paid otherwise than in equal monthly instalments, and the manner in which they are to be paid in those circumstances;

  • (b) prescribing the rates at which and the manner in which the interest to be credited to the Superannuation Account in any fiscal year shall be calculated;

  • (c) designating the kind of service in the forces that, for the purposes of the definition “active service in the forces” in subsection 3(1), is active service;

  • (d) prescribing, notwithstanding sections 5 and 19, the rates at which, the manner in which and the circumstances under which persons who are or have been absent from the Public Service on leave of absence without pay shall contribute to the Superannuation Account or the Public Service Pension Fund in respect of that absence, prescribing the salaries those persons are deemed to have received during that absence and respecting any interest or other charges those persons shall pay into the Account;

  • (e) deeming, for the purposes of the definition “salary” in subsection 3(1), an amount in respect of allowances, special remuneration, payment for overtime or other compensation or gratuity, to be or to have been included in the basic rate of pay of a person;

  • (f) prescribing the basis of determining the portion that may be counted by a contributor, under subsection 6(1), of any period specified in clause 6(1)(a)(ii)(B), and the basis of determining the amount that is required by subsection 7(1) to be paid by the contributor in respect of the portion of any such period that is not included in the portion thereof determined by the Minister in accordance with the regulations made pursuant to this paragraph;

  • (g) specifying, notwithstanding subsection 6(1), the circumstances under which the pensionable service of a contributor shall be deemed not to include any period of service specified in clause 6(1)(a)(iii)(C);

  • (h) specifying the circumstances under which any service prior to becoming employed in the Public Service or to enlistment in the forces shall be deemed to be service immediately prior thereto;

  • (i) specifying the international organizations, service with which may be counted by a contributor as elective service, and describing the kinds of civilian war service that may be counted by a contributor as elective service for the purposes of clauses 6(1)(b)(iii)(D) and (E), respectively;

  • (j) specifying, for the purposes of clause 6(1)(b)(iii)(E), the circumstances under which any period of full-time civilian war service of a contributor shall be deemed to be continuous;

  • (k) specifying, for the purposes of subsection 5(5) and paragraph 8(2)(a), the kinds of superannuation or pension benefits referred to in those provisions;

  • (l) prescribing the circumstances under which and the terms and conditions on which an election under this Part may be revoked by any elector, either in whole or in part, and a new election made or deemed to be made thereunder;

  • (m) prescribing the methods by which and the bases on which the amount of any payment contemplated by subsection 8(4) is to be computed and the circumstances under which any such payment, whether made before, on or after April 1, 1969, may be refunded;

  • (n) prescribing the bases as to mortality and interest on which the instalment payments referred to in subsection 8(6) are to be computed, the terms on which a contributor may pay for any period of service in instalments, and the method of determining the amounts to be reserved from any amount payable to him by Her Majesty in right of Canada, including any annuity or other benefit payable to him under this Part, in respect of unpaid instalments;

  • (o) respecting the manner in which amounts referred to in subsection 8(8) or (9) may be recovered from any annuity, annual allowance or supplementary benefit payable under this Act;

  • (p) prescribing the circumstances under which and the terms and conditions on which an option under this Part may be revoked by any contributor and a new option exercised thereunder;

  • (q) respecting the determination, for the purposes of subsection 11(5), of the amount of any retirement or disability pension to which a person described therein is or would be entitled under the Canada Pension Plan or a provincial pension plan that is attributable to contributions made thereunder in respect of his employment in the Public Service, prescribing the manner of making any application referred to in that subsection and respecting the determination of the day from which the annuity payable to a contributor described therein shall be increased;

  • (r) prescribing, for the purposes of this Part, the methods by which and the bases on which the capitalized value of any annuity or annual allowance shall be computed;

  • (s) defining, for the purposes of this Act, the expression “full-time attendance at a school or university” as applied to a child of a contributor;

  • (t) respecting the circumstances under which attendance at a school or university shall be deemed, for the purposes of this Act, to be substantially without interruption;

  • (u) determining, in any case of doubt, the amount that is deemed for the purposes of this Part to be the salary of a contributor who is required to pay, out of his authorized salary, for the services of one or more assistants, or whose authorized salary includes any bonus or allowance of determinate or indeterminate amount;

  • (v) specifying, for the purposes of paragraph 13(1)(d) and subsection 13(6), the method by which the amount of any annuity or annual allowance payable to a contributor described in paragraph 13(1)(c) or (d) shall be adjusted;

  • (w) determining, for the purposes of this Part, the amount that shall be deemed to be the salary of a contributor who is in receipt of more than one salary in respect of employment in the Public Service or whose salary during any period he was employed in the Public Service cannot be determined;

  • (x) specifying, for the purposes of section 23, the method by which the amount of any annuity or annual allowance payable to a contributor described in section 16 or 17 shall be adjusted;

  • (y) prescribing, in respect of a contributor who is receiving or will be entitled to receive a superannuation or pension benefit based on a portion of a period of service in pensionable employment that is prior to his becoming employed in the Public Service, the method of determining the portion of that period of service;

  • (z) specifying, for the purposes of this Part, the circumstances under which a person engaged otherwise than on a full-time basis shall be deemed to have been, while so engaged, employed in the Public Service, and respecting the determination, for any such purpose, of the salary of a person so engaged;

  • (aa) specifying, for the purposes of this Part, the circumstances under which a person’s service in the Public Service shall be deemed to be substantially continuous or substantially without interruption;

  • (bb) respecting the determination, for the purposes of this Part, of the effective date on which a person shall be deemed to have become or to have ceased to be employed in the Public Service;

  • (cc) 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 section 15;

  • (dd) specifying circumstances in which a person shall be deemed to have ceased otherwise than voluntarily to be employed in operational service, as defined in section 15;

  • (ee) respecting the evidence required to establish proof of age or marital status for the purposes of this Part, the time within which that evidence shall be provided and the consequences of any failure to provide that evidence within that time;

  • (ff) prescribing, in respect of persons who are not, or have not been, in receipt of a stated annual salary,

    • (i) the method of computing their salary in terms of an annual or monthly rate, or in terms of any other rate the computation of which is necessary for the purposes of this Part,

    • (ii) the times and the manner in which contributions are to be reserved from salary, and

    • (iii) the method of computing periods of service, having regard to the periods during which they are or have been laid off from work;

  • (gg) prescribing the evidence required to satisfy the Minister that a contributor has not become entitled to a pension described in paragraph 11(2)(b), the time and manner within which that evidence shall be provided and the form of that evidence;

  • (hh) providing, in respect of persons who are not, or have not been, in receipt of a stated annual salary, in any case where the rate of salary authorized to be paid to those persons at any time is within any range of rates established by the regulations, for the determination of the rate thereof for the purposes of this Part in terms of a specified rate within that range;

  • (ii) determining, for greater certainty, the portions of the public service of Canada and the positions therein that form or did form part of the Public Service or Civil Service, and providing for the amendment of Schedule I for that purpose by the addition to Part II or III thereof of any of those portions;

  • (jj) specifying, for the purposes of subsection 26(2), the circumstances under which a child to whom that subsection applies shall be entitled to an allowance under this Part;

  • (kk) [Repealed, 1999, c. 34, s. 91]

  • (ll) providing for the continuation in force of any outstanding direction by the Treasury Board under subsection 14(1) of the Superannuation Act, under the circumstances contemplated by that subsection and subject to modification or suspension by the Treasury Board for any reason that to the Board seems proper;

  • (mm) [Repealed, 1999, c. 34, s. 91]

  • (nn) respecting the medical examination of persons to whom section 31 applies, and respecting the certification of persons, on medical examination, in accordance with section 28;

  • (nn.1) respecting the determination of disability for the purposes of this Part and the conditions on which a cash termination allowance or an immediate annuity shall be paid or continue to be paid, including the initial assessment and subsequent periodic or other assessments of that disability;

  • (oo) prescribing, for the purposes of subsection 35(4), the amounts by which and the manner in which any benefit therein referred to shall be adjusted;

  • (pp) respecting the amount to be paid into the Superannuation Account or the Public Service Pension Fund by any Public Service corporation or other corporation referred to in section 37;

  • (qq) defining, for the purposes of this Act, the expressions “employee engaged locally outside Canada”, “seasonal employee”, “sessional employee” and “part-time employee” and the expression “full-time” as applied to any employee;

  • (rr) designating the kind of service that, for the purposes of the definition “operational service” in section 15, is operational service and specifying the periods of time away from operational service that are to be included within the meaning of operational service;

  • (ss) providing for the reduction of any allowance that may become payable under this Part to the survivor, children or other dependants of a person to whom Part III of the Superannuation Act applied, who, at the time of his or her election to become a contributor under Part I of that Act, failed to pay into the Consolidated Revenue Fund the amount referred to in subsection 31(2) of the Superannuation Act;

  • (tt) providing for payment out of the Superannuation Account or the Public Service 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 as 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 under section 27 in any such case shall be reduced;

  • (uu) [Repealed, 1992, c. 46, s. 21]

  • (vv) on the recommendation of the Speaker of the Senate or of the Speaker of the House of Commons, whichever is appropriate, prescribing categories of employees for the purpose of paragraph 3(2)(b);

  • (ww) respecting the non-application or modified application of any provision of this Act to persons described in subsection 3(2), where necessary for the purpose of ensuring the practical application of this Act in respect of those persons; and

  • (xx) generally, for carrying out the purposes and provisions of this Part.

• Marginal note:Regulations relating to leave of absence

  (2) For the purposes of this Part, a person who has contributed to the Superannuation Account or the Public Service Pension Fund in accordance with the regulations made by the Governor in Council under paragraph (1)(d), in respect of any period during which the person was absent from the Public Service on leave of absence without pay, is deemed to have contributed to the Superannuation Account or the Public Service Pension Fund in respect of that period in accordance with section 5.

• Marginal note:Additions to Schedule I

  (3) The Governor in Council may, by order, amend Schedule I by adding to Part I, III or IV thereof any board, commission or corporation or portion thereof that is or was an agent or servant of Her Majesty in right of Canada.

• Marginal note:Deletions from Schedule I

  (4) The Governor in Council may, by order, amend Schedule I by deleting therefrom any board, commission or corporation or portion thereof.

• Marginal note:Certain members not included

  (5) Notwithstanding the definition “Public Service” in subsection 3(1), a person who, being a member of any board, commission or corporation specified in Schedule I, was entitled as such under subsection 2(3) of the Superannuation Act to elect to become a contributor under that Act but did not so elect within the time prescribed therefor is not employed in the Public Service for the purposes of this Part.

• Marginal note:Where board, etc., has separate pension plan

  (6) Notwithstanding anything in this Part, the Governor in Council may by regulation provide

  • (a) that the service of an employee of any board, commission or corporation specified in Schedule I that may be counted by that employee for the purposes of any pension plan established for the benefit of employees of that board, commission or corporation may, to such extent and subject to such conditions as the regulations may prescribe, be counted by that employee as pensionable service for the purposes of this Part;

  • (b) for payment out of the Superannuation Account or the Public Service Pension Fund of any pension granted under a plan described in paragraph (a), subject to the terms and conditions that the regulations may prescribe; and

  • (c) for the transfer to the Superannuation Account or the Public Service Pension Fund of any contributions made under a plan described in paragraph (a), including any contributions by or on behalf of the board, commission or corporation and any accrued interest.

• Marginal note:Definition of “employee”

  (7) For the purposes of subsection (6), employee includes, with reference to any board, commission or corporation, an officer or member thereof.

• Marginal note:Members of Parliament and Senators

  (8) Notwithstanding anything in this Part, the Governor in Council may by regulation

  • (a) provide that the service of a former member of the House of Commons or a former Senator in respect of which he or she made contributions under the Members of Parliament Retiring Allowances Act may, to the extent and subject to the conditions that may be prescribed by the regulations, be counted by that former member or former Senator as pensionable service for the purposes of this Part; and

  • (b) provide for the transfer to the Superannuation Account or the Public Service Pension Fund of amounts in the Retiring Allowances Account, within the meaning of that Act, in respect of him or her.

• Marginal note:Counting of service for benefit of Crown

  (9) The Governor in Council may make regulations

  • (a) respecting the counting as pensionable service, for the purposes of this Part, of any period, not otherwise countable as such, during which a person, before becoming a contributor under this Part, performed on a full-time basis duties of a kind specified in the regulations for the benefit of the Crown in right of Canada; and

  • (b) providing, except in the case of a person who has ceased to be employed in the Public Service, for which case the regulations may otherwise provide, that this Part shall apply as though the period were a period of service in a portion of the public service of Canada that was added to Schedule I on a day specified in the regulations.

• Marginal note:Erroneous advice respecting counting of service

  (10) The Governor in Council may make regulations prescribing, in the case of a contributor who in the opinion of the Minister was one of a class of persons who, pursuant to erroneous advice received by one or more persons of that class, from a person in the Public Service whose ordinary duties included the giving of advice respecting the counting of service under this Act or the Superannuation Act, that a period of service of such a person before the time he became a contributor thereunder could not be counted by him under that Act, failed to elect under that Act within the time prescribed therefor to pay for that service, the circumstances under which and the manner and time in which the contributor may elect to pay for that service, and the circumstances under which and the terms and conditions (including conditions respecting interest) on which any election made by him to pay for that service, or any election made by him under paragraph 6(1)(b) to pay for that service as a period of service described in clause 6(1)(b)(iii)(K), shall be deemed to have been made by him under this Act or the Superannuation Act, as the case may be, within the time prescribed therefor by that Act.

• Marginal note:Idem

  (11) The Governor in Council may make regulations prescribing, in the case of a contributor who in the opinion of the Minister was one of a class of persons who, pursuant to erroneous advice received by one or more persons of that class, from a person in the Public Service whose ordinary duties included the giving of advice respecting contributions for service under the Superannuation Act or this Part, that a period of service of such a person before or after the time he became a contributor under the Superannuation Act or this Part could be counted by him under that Act or this Part without contribution by him therefor, failed to elect, or failed to elect within the time prescribed therefor by that Act or this Part, to pay for that service, the circumstances under which and the manner and time in which the contributor may elect to pay for that service and the circumstances under which and the terms and conditions, including conditions as to interest, on which any such election made by him to pay for that service, or any election made by him under paragraph 6(1)(b) to pay for that service as a period of service described in clause 6(1)(b)(iii)(K), shall be deemed to have been made by him under the Superannuation Act or this Part at a time prescribed by the regulations or within the time prescribed therefor by that Act or this Part.

• (12) [Repealed, 1992, c. 46, s. 21]

Marginal note:Regulations

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

  • (a) fixing an annual rate of salary for the purposes of paragraph 5(6)(b) or prescribing the manner of determining the annual rate of salary;

  • (b) prescribing, for the purposes of section 5.1 or 5.2 or paragraph 8(2)(b.1), a number of hours a week less than twelve;

  • (c) prescribing, for the purposes of section 5.1 or 5.2 or paragraph 8(2)(b.1), the manner of calculating the average of the number of hours a week a person is engaged to work, including the period over which the average is to be calculated;

  • (d) specifying the circumstances in which an election may be made under section 5.2 or subsection 5.4(1) or 5.5(1), the period within which such an election may be made, the manner of making the election and the circumstances under which and the terms and conditions on which such an election may be revoked and a new election made or deemed to be made;

  • (e) prescribing the time at which and the manner in which an election may be made under subsection 5.3(1);

  • (f) prescribing, for the purposes of subsection 5.3(4), the portion of the period of leave of absence that is to be counted as pensionable service under clause 6(1)(a)(ii)(A);

  • (g) determining the amount to be paid by a person who makes an election under subsection 5.4(1) or 5.5(1) and prescribing the time at which and manner in which it shall be paid;

  • (h) notwithstanding any regulations made under paragraph 42(1)(d), determining the amount to be paid under paragraph 7(1)(k);

  • (i) determining the amount to be paid by a contributor under subsection 7(1.1);

  • (j) prescribing the time at which and the manner in which an election may be made under subsection 13.1(1) and determining, for the purposes of subsection 13.1(4), the time at which the election is deemed to be revoked;

  • (k) respecting the reduction to be made in the amount of an annuity or annual allowance under subsection 13.1(2);

  • (l) respecting the amount of the immediate annual allowance to be paid to a spouse under subsection 13.1(3);

  • (m) designating, for the purposes of the definition “operational service” in section 24.1, the kind of service and the institution 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 section 24.1, but continues to be employed by the Correctional Service of Canada, may irrevocably elect to be deemed to be employed in operational service while that person continues to be employed by the Correctional Service of Canada;

  • (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 section 24.1;

  • (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 section 24.1, that is pensionable service;

  • (q) prescribing the circumstances in which and the terms and conditions subject to which a person referred to in section 24.2 is entitled, at the person’s option, to an immediate annuity or annual allowance in respect of operational service that is pensionable service, prescribing the manner of calculating or adjusting that immediate annuity or annual allowance, and prescribing the circumstances in which the person shall be deemed to have exercised the option in favour of either an immediate annuity or annual allowance;

  • (r) fixing the percentage of a person’s salary required to be contributed to the Superannuation Account or the Public Service Pension Fund under subsection 24.4(1) or prescribing the manner of determining that percentage;

  • (s) prescribing classes of persons for the purposes of subsection 24.4(2);

  • (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 the operational service that is pensionable service to the credit of a person referred to in section 24.2 and prescribing the manner and circumstances in which those amounts are to be credited or paid;

  • (u) respecting the manner in which and extent to which any provision of this Act or any regulations made under this Act apply to any contributor referred to in section 40.1, to any part-time employee or to any person who, immediately before the coming into force of section 11 of An Act to amend certain Acts in relation to pensions and to enact the Special Retirement Arrangements Act and the Pension Benefits Division Act, introduced in the third session of the thirty-fourth Parliament, was deemed by section 14 of this Act, as it read at that time, to be employed in the Public Service, and adapting any of those provisions for the purposes of that application;

  • (v) respecting the rates at which interest is to be credited to the Superannuation Account under paragraph 44(1)(c), the manner in which it shall be calculated and the times at which it shall be credited to the Account;

  • (v.1) prescribing portions of departments or portions of the executive government of Canada that are to be excluded from the meaning of the expression “Public Service” as defined in subsection 3(1);

  • (v.2) respecting the terms and conditions under which and the time and manner in which an election may be made in respect of a period of service specified in clause 6(1)(b)(iii)(M) or (N), the manner of determining in accordance with paragraph 7(1)(k) the amounts that are to be paid in respect of that election, the periods of service that may be counted for the purposes of that election, and the manner in which and extent to which section 8 and any regulations referred to in section 8 apply in respect of that election and to any contributor who makes that election and adapting any of those provisions for the purposes of that application;

  • (v.3) respecting the manner in which and the determination of the balances on which interest is to be calculated under subsection 10(9) and respecting the rates of interest for the purposes of paragraph 10(9)(c);

  • (v.4) 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 respecting such other matters as the Governor in Council deems necessary for the purposes of carrying out section 13.01;

  • (v.5) respecting the terms and conditions, including the requirement of a person or body referred to in subsection 40.1(1) to pay into the Superannuation Account or the Public Service Pension Fund the amount that is determined in accordance with the regulations for any or all cases, subject to which, and the maximum period during which, the person or body is to form part of the Public Service pursuant to a direction of the Treasury Board made under subsection 40.1(2);

  • (v.6) prescribing classes of pension plans or retirement savings plans for the purposes of subsection 40.2(1) and respecting the extent to which, and the terms and conditions subject to which, service may be counted as pensionable service pursuant to subsection 40.2(9);

  • (v.7) respecting the manner in which and extent to which any provision of this Act or any regulations made under this Act apply to any employee of an entity or portion of an entity and adapting any of those provisions for the purposes of that application when an order is made under subsection 42(4) or a regulation is made under paragraph (v.1) in respect of that entity, including the manner of determining any amount that may be paid out of the Superannuation Account or the Public Service Pension Fund in respect of those employees and the terms and conditions under which the amount is to be paid;

  • (v.8) respecting the additional information that is required to be included in annual reports referred to in section 46; and

  • (w) generally as the Governor in Council may consider necessary for carrying out and giving effect to any provision of this Act referred to in this subsection.

• Marginal note:Retroactive application of regulations

  (2) Regulations made under paragraph (1)(a), (f), (g), (h), (i), (m), (q), (r), (s), (u) or (v) may, if they so provide, be retroactive and have effect with respect to any period before they are made.

Payments out of the Account

Marginal note:Payments out of Superannuation Account

• 43 (1) All amounts required for the payment of benefits for which this Part and Part III make provision shall be paid out of the Superannuation Account if the benefits are payable in respect of pensionable service to the credit of a contributor before April 1, 2000.

• Marginal note:Transfer of amounts

  (2) The amounts deposited in the Public Service Superannuation Investment Fund under subsection 44.1(2) shall be transferred to the Public Sector Pension Investment Board within the meaning of the Public Sector Pension Investment Board Act to be dealt with in accordance with that Act.

• Marginal note:Payment of benefits

  (3) If there are insufficient amounts in the Superannuation Account to pay all the benefits referred to in subsection (1), the amounts required for the payment of those benefits shall be charged to the Public Service Superannuation Investment Fund and paid out of the assets of the Public Sector Pension Investment Board.

Amounts

Marginal note:Amounts to be credited in each year

• 44 (1) There shall be credited to the Superannuation Account in each fiscal year

  • (a) [Repealed, 1999, c. 34, s. 95]

  • (b) in respect of every month, such amount in relation to the total amount paid into the Account during the preceding month by way of contributions in respect of past service as is determined by the Minister; and

  • (c) an amount representing interest on the balance from time to time to the credit of the Account, calculated in such manner and at such rates and credited at such times as the regulations provide, but the rate for any quarter in a fiscal year shall be at least equal to the rate that would be determined for that quarter using the method set out in section 46 of the Public Service Superannuation Regulations, as that section read on March 31, 1991.

• (2) to (5) [Repealed, 1999, c. 34, s. 95]

• Marginal note:Amounts to be credited on basis of actuarial valuation report

  (6) Following the laying before Parliament of any actuarial valuation report pursuant to section 45 that relates to the state of the Superannuation Account and the Public Service Superannuation Investment Fund, there shall be credited to the Account, at the time and in the manner set out in subsection (7), the amount that in the opinion of the Minister will, at the end of the fifteenth fiscal year following the tabling of that report or at the end of the shorter period that the Minister may determine, together with the amount that the Minister estimates will be to the credit of the Account and the Public Service Superannuation Investment Fund at that time, meet the cost of the benefits payable under this Part and Part III in respect of pensionable service that is to the credit of contributors before April 1, 2000.

• Marginal note:Equal annual instalments

  (7) Subject to subsection (8), the amount required to be credited to the Superannuation Account under subsection (6) shall be divided into equal annual instalments and the instalments shall be credited to the Account over a period of fifteen years, or such shorter period as the Minister may determine, with the first such instalment to be credited in the fiscal year in which the actuarial valuation report is laid before Parliament.

• Marginal note:Adjustments

  (8) When a subsequent actuarial valuation report is laid before Parliament before the end of the period applicable under subsection (7), the instalments remaining to be credited in that period may be adjusted to reflect the amount that is estimated by the Minister, at the time that subsequent report is laid before Parliament, to be the amount that will, together with the amount that the Minister estimates will be to the credit of the Superannuation Account and the Public Service Superannuation Investment Fund at the end of that period, meet the cost of the benefits payable under this Part and Part III in respect of pensionable service that is to the credit of contributors before April 1, 2000.

• Marginal note:Amounts to be debited on basis of actuarial valuation report

  (9) Following the laying before Parliament of any actuarial valuation report pursuant to section 45 that relates to the state of the Superannuation Account and the Public Service Superannuation Investment Fund, there may be debited from the Account, at the time and in the manner set out in subsection (11), an amount that in the opinion of the Minister exceeds the amount that the Minister estimates, based on the report, will be required to be to the credit of the Account and the Public Service Superannuation Investment Fund at the end of the fifteenth fiscal year following the tabling of that report or at the end of a shorter period that the Minister may determine, in order to meet the cost of the benefits payable under this Part and Part III in respect of pensionable service that is to the credit of contributors before April 1, 2000.

• Marginal note:If total exceeds maximum

  (10) If the total of the amounts in the Account and in the Fund referred to in subsection (9) exceeds, following the laying of the report referred to in that subsection, the maximum amount referred to in subsection (13), there shall be debited from the Account, at the time and in the manner set out in subsection (11), the amount of the excess.

• Marginal note:Annual instalments

  (11) Subject to subsection (12), the amount that may be debited under subsection (9) and the amount that must be debited under subsection (10) shall be debited in annual instalments over a period of fifteen years, or a shorter period that the Minister may determine, with the first such instalment to be debited in the fiscal year in which the actuarial valuation report is laid before Parliament.

• Marginal note:Adjustments

  (12) When a subsequent actuarial valuation report is laid before Parliament before the end of the period applicable under subsection (11), the instalments remaining to be debited in that period may be adjusted to reflect the amount that is estimated by the Minister, at the time that subsequent report is laid before Parliament, to be the amount that will, together with the amount that the Minister estimates will be to the credit of the Superannuation Account and the Public Service Superannuation Investment Fund at the end of that period, meet the cost of the benefits payable under this Part and Part III in respect of pensionable service that is to the credit of contributors before April 1, 2000.

• Marginal note:Maximum amount to credit of Account and Fund

  (13) At the end of the period, the total of the amounts that are to the credit of the Superannuation Account and the Public Service Superannuation Investment Fund must not exceed one hundred and ten percent of the amount that the Minister estimates is required to meet the cost of the benefits payable under this Part and Part III in respect of pensionable service that is to the credit of contributors before April 1, 2000.

• Marginal note:Costs

  (14) The costs of the administration of this Act, as determined by the Treasury Board, with respect to benefits payable under this Act in respect of pensionable service that is to the credit of contributors before April 1, 2000, shall be paid out of the Superannuation Account.

Public Service Superannuation Investment Fund

Marginal note:Establishment of Public Service Superannuation Investment Fund

• 44.1 (1) The Public Service Superannuation Investment Fund is established.

• Marginal note:Amounts to be deposited into the Public Service Superannuation Investment Fund

  (2) The following amounts shall be deposited into the Public Service Superannuation Investment Fund:

  • (a) the amounts in the Superannuation Account transferred on or after April 1, 2000 that the Minister of Finance determines, in the manner and at the times that that minister determines; and

  • (b) the income from the investment of the amounts referred to in paragraph (a) plus profits less losses on the sale of the investments.

• Marginal note:Costs

  (3) If there are insufficient amounts in the Superannuation Account to pay the costs of the administration of this Act with respect to benefits payable under this Act in respect of pensionable service that is to the credit of contributors before April 1, 2000, those costs shall be paid out of the Public Service Superannuation Investment Fund.

• Marginal note:Transfer of amounts

  (4) The Minister of Finance may, after consultation with the Public Sector Pension Investment Board within the meaning of the Public Sector Pension Investment Board Act, transfer to the Superannuation Account amounts in the Public Service Superannuation Investment Fund that he or she determines, in the manner and at the times that that minister determines.

Public Service Pension Fund

Marginal note:Establishment of Public Service Pension Fund

• 44.2 (1) The Public Service Pension Fund is established.

• Marginal note:Amounts to be deposited into the Public Service Pension Fund

  (2) The following amounts shall be deposited into the Public Service Pension Fund:

  • (a) the amounts determined by the Minister under subsection (3);

  • (b) all other amounts required by this Act to be paid into the Fund; and

  • (c) the income from the investment of the amounts referred to in paragraphs (a) and (b) plus profits less losses on the sale of the investments.

• Marginal note:Amounts to be determined by the Minister

  (3) There shall be deposited into the Public Service Pension Fund, in each fiscal year, in respect of every month, no later than thirty days after the end of the month in respect of which the deposit is made

  • (a) an amount that is determined by the Minister, based on actuarial advice, to be required to provide for the cost of the benefits that have accrued in respect of that month in relation to current service and that will become payable out of the Public Service Pension Fund; and

  • (b) an amount that is determined by the Minister in relation to the total amount paid into the Public Service Pension Fund during the preceding month by way of contributions in respect of past service.

• Marginal note:Determination of the amounts

  (4) In determining amounts for the purposes of paragraph (3)(a), the Minister may take into account any surplus in the Public Service Pension Fund as shown in the most recent actuarial valuation report referred to in section 45 on the state of the Fund.

• Marginal note:Transfer of amounts

  (5) The amounts deposited in the Public Service Pension Fund shall be transferred to the Public Sector Pension Investment Board within the meaning of the Public Sector Pension Investment Board Act to be dealt with in accordance with that Act.

• Marginal note:Payment of benefits

  (6) All amounts required for the payment of benefits for which this Part and Part III make provision shall be charged to the Public Service Pension Fund and paid out of the assets of the Public Sector Pension Investment Board if the benefits are payable in respect of pensionable service that comes to the credit of a contributor on or after April 1, 2000.

Marginal note:Amounts to be paid on basis of actuarial valuation report

• 44.3 (1) Following the laying before Parliament of any actuarial valuation report pursuant to section 45 that relates to the state of the Public Service Pension Fund, there shall be paid into that Fund, at the time and in the manner set out in subsection (2), the amount that in the opinion of the Minister will, at the end of the fifteenth fiscal year following the tabling of that report or at the end of a shorter period that the Minister may determine, together with the amount that the Minister estimates will be to the credit of the Public Service Pension Fund at that time, meet the cost of the benefits payable under this Part and Part III in respect of pensionable service that comes to the credit of contributors on or after April 1, 2000.

• Marginal note:Equal annual instalments

  (2) Subject to subsection (3), the amount required to be paid into the Public Service Pension Fund under subsection (1) shall be divided into equal annual instalments and the instalments shall be paid to the Public Service Pension Fund over a period of fifteen years, or a shorter period that the Minister may determine, with the first such instalment to be paid in the fiscal year in which the actuarial valuation report is laid before Parliament.

• Marginal note:Adjustments

  (3) When a subsequent actuarial valuation report is laid before Parliament before the end of the period applicable under subsection (2), the instalments remaining to be paid in that period may be adjusted to reflect the amount that is estimated by the Minister, at the time that subsequent report is laid before Parliament, to be the amount that will, together with the amount that the Minister estimates will be to the credit of the Public Service Pension Fund at the end of that period, meet the cost of the benefits payable under this Part and Part III in respect of pensionable service that comes to the credit of contributors on or after April 1, 2000.

Marginal note:No more deposits if non-permitted surplus

• 44.4 (1) If, following the laying before Parliament of an actuarial valuation report pursuant to section 45 that relates to the state of the Public Service Pension Fund there is, in the Minister’s opinion, a non-permitted surplus in that Fund, no further amounts shall be deposited into the Fund under paragraph 44.2(3)(a) until the time that there is, in the Minister’s opinion, no longer a non-permitted surplus in the Fund.

• Marginal note:When non-permitted surplus

  (2) If, following the laying before Parliament of an actuarial valuation report pursuant to section 45 that relates to the state of the Public Service Pension Fund, there is, in the Minister’s opinion, a non-permitted surplus in that Fund,

  • (a) the contributions payable under section 5 may be reduced in the manner, at the times and for the period that the Treasury Board determines, on the Minister’s recommendation; or

  • (b) there may be paid out of the Public Service Pension Fund, and into the Consolidated Revenue Fund, the amount, at the time and in the manner, that the Treasury Board determines on the recommendation of the Minister.

• Marginal note:Minister’s recommendation

  (3) The Minister shall only make the recommendation referred to in paragraph (2)(b) after estimating, based on the report, that the amount that will be to the credit of the Public Service Pension Fund at the end of the fifteenth fiscal year following the tabling of that report or at the end of a shorter period that the Minister may determine, will not be less than the total of

  • (a) the amount that will be required in order to meet the cost of the benefits payable under this Part and Part III in respect of pensionable service that comes to the credit of contributors on or after April 1, 2000, and

  • (b) the amount of any surplus in the Public Service Pension Fund that does not constitute a non-permitted surplus.

• Marginal note:When surplus is not non-permitted surplus

  (4) If, following the laying before Parliament of an actuarial valuation report pursuant to section 45 that relates to the state of the Public Service Pension Fund, there is, in the Minister’s opinion, a surplus that is not a non-permitted surplus in that Fund, the contributions payable under section 5 or paragraph 44.2(3)(a) may be reduced in the manner, at the times and for the period that the Treasury Board determines, on the Minister’s recommendation.

• Marginal note:Non-permitted surplus

  (5) For the purposes of this section, a non-permitted surplus exists when the amount by which assets exceed liabilities in the Public Service Pension Fund, as determined by the actuarial valuation report referred to in section 45 or one requested by the Minister, is greater than the lesser of

  • (a) twenty percent of the amount of liabilities in respect of contributors, as determined in that report, and

  • (b) the greater of

    • (i) twice the estimated amount, for the calendar year following the date of that report, of the total of

      • (A) the current service contributions that would be required of contributors, and

      • (B) the amounts that would be determined under paragraph 44.2(3)(a) and subsection 37(2) less any amount that would be determined under that subsection in respect of past service, and

    • (ii) the amount that would be determined under paragraph (a) if the reference in that paragraph to “twenty percent” were read as a reference to “ten percent”.

• Marginal note:When reduction in contributions

  (6) For greater certainty, a reduction in contributions under paragraph (2)(a) or subsection (4) is not to be considered as changing the contribution rate that applied before the reduction in contributions.

Marginal note:Costs

44.5 The costs of the administration of this Act, as determined by the Treasury Board, with respect to benefits payable under this Act in respect of pensionable service that comes to the credit of contributors on or after April 1, 2000 shall be paid out of the Public Service Pension Fund.

Actuarial Report

Marginal note:Public Pensions Reporting Act

45 In accordance with the Public Pensions Reporting Act, a cost certificate, an actuarial valuation report and an assets report on the state of each of the Superannuation Account, the Public Service Superannuation Investment Fund and the Public Service Pension Fund shall be prepared, filed with the Minister designated under that Act and laid before Parliament.

Annual Report

Marginal note:Annual report

46 The Minister shall cause to be laid before each House of Parliament each year a report on the administration of this Part and Part III during the preceding fiscal year, including a statement showing the amounts paid into and out of the Superannuation Account, the Public Service Superannuation Investment Fund and the Public Service Pension Fund during that year, by appropriate classifications, the number of contributors and the number of persons receiving benefits under this Part and Part III, together with the additional information that the Governor in Council may by regulation require.

PART I.1Provisions That Apply to Canada Post Corporation

Marginal note:Definitions

46.1 The definitions in this section apply in this Part.

Corporation

Corporation means the Canada Post Corporation within the meaning of the Canada Post Corporation Act. (Société)

member

member means a person to whom the plans referred to in section 46.3 or 46.4 apply. (membre)

Marginal note:Deemed deletion

46.2 The repeal of subsection 13(2) of the Canada Post Corporation Act by section 227 of the Public Sector Pension Investment Board Act is deemed to constitute a deletion from Schedule I of the Corporation, within the meaning of subsection 42(4), on the day on which that section comes into force.

Marginal note:Establishment of pension plans

• 46.3 (1) Subject to subsections (2) and (3), the Corporation shall

  • (a) establish no fewer than one pension plan for the Chairman, President, officers and employees of the Corporation, or classes of those persons, no later than October 1, 2000, and be the administrator of those plans; and

  • (b) establish no fewer than one supplementary pension plan in the nature of a retirement compensation arrangement within the meaning of the Special Retirement Arrangements Act for those persons or classes no later than October 1, 2000, and be the administrator of those plans.

• Marginal note:Approval of plans

  (2) A plan that has been established under subsection (1) may only take effect after it has been approved by the Treasury Board.

• Marginal note:Criteria

  (3) The Treasury Board shall approve a plan when it is satisfied that

  • (a) each plan referred to in paragraph (1)(a) meets the requirements for registration under the Income Tax Act and the Pension Benefits Standards Act, 1985;

  • (b) when the plans referred to in paragraphs (1)(a) and (b) are established

    • (i) each member and survivor will be provided with pension benefits and lump-sum benefits — including supplementary benefits within the meaning of Part III — at least equal to those provided for him or her under this Act and the Retirement Compensation Arrangements Regulations, No. 1, made under the authority of the Special Retirement Arrangements Act, as those Acts and regulations read on the day before the effective date of the plans, and

    • (ii) each member will be required to contribute, by reservation from salary or otherwise,

      • (A) for the period beginning on the effective date of the plans and ending on December 31, 2003, at a rate equal to the rates specified in this Act on the day before that effective date, and

      • (B) for the period beginning on January 1, 2004, at the rate that the Board of Directors of the Corporation may fix from time to time, that Board being subject to the same restrictions in fixing the rate as is the Treasury Board under subsection 5(1.4);

  • (c) each plan referred to in paragraph (1)(a) provides that

    • (i) members who are employed by the Corporation on the effective date of the plans may elect to count, as pensionable service, service with the Corporation and the Post Office Department before that date that was not to their credit as pensionable service under this Act on the day before that date, and

    • (ii) members who become employed by the Corporation after the effective date of the plans may elect to count, as pensionable service, service with the Corporation or the Post Office Department;

  • (d) each plan referred to in paragraph (1)(a) includes a provision whereby pension transfer agreements within the meaning of this Act could be entered into between the Corporation and the President of the Treasury Board under subsection 40.2(2);

  • (e) when the plans referred to in paragraphs (1)(a) and (b) are established and at any time after that, each member and each survivor shall be placed in a situation at least as favourable as the one in which he or she would have been if the repeal referred to in section 46.2 had not occurred, with respect to the pension benefits and lump-sum benefits

    • (i) to which he or she is or may become entitled under this Act and the regulations referred to in subparagraph (b)(i) as they read on the day before the effective date of the plans, and

    • (ii) in respect of periods of pensionable service within the meaning of this Act that were to the credit of the member before that date;

  • (f) when the plans referred to in paragraphs (1)(a) and (b) are established or at any time after that, the plans provide that the Corporation may decide to use any surplus amounts that are in the plans after a transfer under subsection (6) for benefit improvements or for reductions in the contributions made by the members or the Corporation; and

  • (g) when the plans referred to in paragraphs (1)(a) and (b) are established, the Corporation has informed all the employees and representatives of employees of the changes that the plans would make to their pension arrangements and given them the opportunity to make their views and interests known with respect to the changes.

• Marginal note:No benefits except under the plans

  (4) On and after the effective date of the plans referred to in paragraphs (1)(a) or (b), no member or member’s survivor is entitled to any benefit under this Act or the regulations referred to in subparagraph (3)(b)(i), except benefits under the plans.

• Marginal note:No liability for matters arising before effective date

  (5) The Corporation is not liable with respect to any matter attributable to a period that ended before the effective date of the plans, other than in respect of obligations set out in this Act.

• Marginal note:Transfer of accrued benefits

  (6) Notwithstanding any other provision of this Act, the value of benefits that have accrued to the members who are contributors under this Act on the day before the effective date of the plans, calculated in accordance with this Act and the regulations referred to in subparagraph (3)(b)(i), shall be transferred to the plans in accordance with any regulations made under paragraph 42.1(1)(v.7).

• Marginal note:Pension plans not to affect accrued benefits

  (7) The provisions of the pension plans referred to in this section respecting the benefits that had accrued to a member under this Act before the effective date of the plans shall not be the subject of collective bargaining under Part I of the Canada Labour Code and shall not be altered in a way that would reduce those benefits.

Marginal note:Establishment of group life insurance plan

• 46.4 (1) The Corporation shall, no later than the date referred to in subsection 46.3(1), establish no fewer than one group life insurance plan for persons referred to in that subsection.

• Marginal note:Benefits, etc., equal to public service regime

  (2) The plans must provide for benefits for the members and their beneficiaries at least equal to those provided under Part II, as it read on the day before the effective date of the plans, at a contribution rate no greater than the contribution rate under that Part as it read on that day.

• Marginal note:Benefits to former employees

  (3) A person has the same rights as a member under subsection (2) if

  • (a) he or she ceases to be employed by the Corporation after the effective date of the plans; and

  • (b) at the time he or she ceases to be so employed, he or she has an entitlement to an immediate pension benefit, other than a lump-sum benefit, under a plan referred to in subsection 46.3(1).

Marginal note:No alteration of plans before October 1, 2001

• 46.5 (1) The terms of the plans referred to in sections 46.3 and 46.4 shall not be the subject of collective bargaining — and shall not be modified with respect to employees not represented by a bargaining agent within the meaning of Part I of the Canada Labour Code — for any period that ends before October 1, 2001.

• Marginal note:Alteration of plans

  (2) The provisions of the plans referred to in subsection (1), other than those referred to in subsection 46.3(7), may be the subject of collective bargaining if notice to bargain collectively is given within the meaning of section 49 of that Act on or after October 1, 2001.

Marginal note:No longer a participant under Part II

46.6 Notwithstanding section 51, a person ceases to be a participant for the purposes of Part II on the day on which section 227 of the Public Sector Pension Investment Board Act comes into force.

PART IISupplementary Death Benefits

Interpretation

Marginal note:Definitions

• 47 (1) In this Part,

  basic benefit

  prestation de base

  basic benefit, with respect to a participant, means an amount equal to twice the salary of the participant, if that amount is a multiple of one thousand dollars, or an amount equal to the nearest multiple of one thousand dollars above twice the salary of the participant, if the first-mentioned amount is not a multiple of one thousand dollars, subject to a reduction of ten per cent, to be made as of the time that the regulations prescribe, for every year of age in excess of sixty-five attained by the participant, except that

  • (a) in the case of a participant who is employed in the Public Service, the basic benefit shall not be less than

    • (i) an amount equal to one third of the participant’s salary, if that one-third is a multiple of one thousand dollars, or an amount equal to the nearest multiple of one thousand dollars above one third of the participant’s salary, if that one-third is not a multiple of one thousand dollars, or

    • (ii) ten thousand dollars,

    whichever is the greater,

  • (b) subject to paragraphs (c) and (d), in the case of an elective participant who, on ceasing to be employed in the Public Service, on ceasing to be a member of the regular force or on ceasing to be required to contribute to the Retirement Compensation Arrangements Account by section 8 or 9 of the Retirement Compensation Arrangements Regulations, No. 1, was entitled to an immediate annuity, or an immediate annual allowance, the basic benefit shall not be less than ten thousand dollars,

  • (c) in the case of an elective participant who makes an election under subsection 52(2), the basic benefit shall be five hundred dollars,

  • (d) in the case of an elective participant who makes an election under subsection 52(2.1), the basic benefit shall be five thousand dollars, and

  • (e) in the case of an elective participant who makes an election under subsection 52(2.2), the basic benefit shall be subject to a reduction of ten per cent, to be made as of the time that the regulations prescribe, for every year of age in excess of sixty attained by the participant; (prestation de base)

  benefit

  prestation

  benefit means the amount payable in respect of a participant under section 54; (prestation)

  Crown corporation

  société d’État

  Crown corporation means a Crown corporation as defined in section 83 of the Financial Administration Act, except any such corporation specified in Part I of Schedule I to this Act; (société d’État)

  elective

  volontaire

  elective, as applied to a participant, means that the participant comes within paragraph (c) or (d) of the definition “participant” in this section; (volontaire)

  immediate annual allowance

  allocation annuelle immédiate

  immediate annual allowance means an annual allowance payable within thirty days after the day on which a participant ceases to be employed in the Public Service after March 31, 1995, or ceases to be required to contribute to the Retirement Compensation Arrangements Account by section 8 or 9 of the Retirement Compensation Arrangements Regulations, No. 1; (allocation annuelle immédiate)

  participant

  participant

  participant means

  • (a) a person who is required by section 5 to contribute to the Superannuation Account or the Public Service Pension Fund,

  • (b) an employee of a Crown corporation who is required to contribute to the Superannuation Account or the Public Service Pension Fund in respect of current service,

  • (b.1) a person who is required to contribute to the Retirement Compensation Arrangements Account by section 8 or 9 of the Retirement Compensation Arrangements Regulations, No. 1,

  • (c) a person not coming within paragraphs (a) to (b.1) who has made an election under section 51 and continues to contribute under this Part,

  • (d) a person not coming within paragraph (a), (b), (b.1) or (c) who has made an election under section 51 and to whom the basic benefit of ten thousand dollars referred to in paragraph (b) of the definition “basic benefit” in this subsection, or to whom the basic benefit of five hundred dollars referred to in paragraph (c) of that definition — or to whom the basic benefit of five thousand dollars referred to in paragraph (d) of that definition — applies without contribution under this Part by the participant for it,

  • (e) a person to whom subsection 5.1(2) applies, and

  • (f) a person who has made an election under subsection 5.3(1),

  but does not include an employee of a Crown corporation or public board excluded from the operation of this Part by the regulations; (participant)

  public board

  office public

  public board means a board, commission or corporation specified in Schedule I; (office public)

  regular force participant

  participant de la force régulière

  regular force participant means a person who is a participant under Part II of the Canadian Forces Superannuation Act; (participant de la force régulière)

  salary

  traitement

  salary means

  • (a) in the case of a participant employed in the Public Service, the salary as defined for purposes of Part I, expressed in terms of an annual rate, except that where a retroactive increase is authorized in the salary of that participant, the increase shall be deemed to have commenced to have been received by him on such day as the regulations prescribe,

  • (b) in the case of an elective participant, his salary in the Public Service at the time he ceased to be employed in the Public Service, expressed in terms of an annual rate, and

  • (c) in the case of a participant who is required to contribute to the Retirement Compensation Arrangements Account by section 8 or 9 of the Retirement Compensation Arrangements Regulations, No. 1, the salary referred to in subsections 8(3) or 9(1) of those Regulations. (traitement)

• Marginal note:Other words and expressions

  (2) In this Part, words and expressions other than those mentioned in subsection (1) have the same meaning as in Part I.

Marginal note:Application

• 47.1 (1) A person who, immediately before the date on which this subsection comes into force, was contributing under Division II of Part I of the Retirement Compensation Arrangements Regulations, No. 1 and had elected under that Division to continue to contribute is an elective participant for the purposes of this Part.

• Marginal note:Salary

  (2) For the purposes of this Part, the salary of a participant described in subsection (1) is the participant’s salary under Division I of Part I of those Regulations in effect at the end of the period during which he or she was required to contribute under that Division.

• Marginal note:Deemed election

  (3) An election by a participant under subsection 27(1) of those Regulations before the date on which this subsection comes into force is deemed to be an election under subsection 52(1).

• Marginal note:Deemed designation

  (4) A designation made by a participant under subsection 23(1) of those Regulations before the date on which this subsection comes into force is deemed to be a designation under section 26 of the Supplementary Death Benefit Regulations.

Marginal note:Crown corporation employees

48 A participant who is employed by a Crown corporation shall for the purposes of this Part be deemed to be employed in the Public Service.

Marginal note:Apportionment

49 If a benefit payable under Part I is apportioned between two survivors under subsection 25(2) or (10), the benefit payable to a person referred to in subsection 55(2) is apportioned in the same manner.

Marginal note:Service to be counted

50 For the purposes of sections 51 and 53,

• (a) in calculating the period during which a person has been employed in the Public Service, any service of that person as a member of the regular force, or the period during which the person was required to contribute to the Retirement Compensation Arrangements Account by section 8 or 9 of the Retirement Compensation Arrangements Regulations, No. 1, shall be deemed to be employment in the Public Service; and

• (b) in calculating the period during which a person has been a participant under this Part, any period during which that person was a regular force participant under this Part prior to August 1, 1966 or under Part II of the Canadian Forces Superannuation Act, or was contributing under Division II of Part I of the Retirement Compensation Arrangements Regulations, No. 1, shall be included.

Elections

Marginal note:Election to continue as participant

• 51 (1) A participant who is employed in the Public Service and has been so employed substantially without interruption for two years or more or has been a participant under this Part without interruption for two years or more may, within one year before the time of ceasing to be employed in the Public Service, elect to continue to be a participant under this Part after that time.

• Marginal note:Election to continue as participant

  (2) A person who ceases to be employed in the Public Service and at the time of ceasing to be so employed is a participant who has been employed in the Public Service substantially without interruption for two years or more or has been a participant under this Part without interruption for two years or more,

  • (a) shall be deemed, for the purposes of this Part except section 53, to be a participant under this Part for a period of thirty days after that time; and

  • (b) may, within that period of thirty days, elect to continue to be a participant under this Part after the expiry of that period, and shall, if on ceasing to be so employed, or on ceasing to be required to contribute to the Retirement Compensation Arrangements Account by section 8 or 9 of the Retirement Compensation Arrangements Regulations, No. 1, he or she is entitled to an immediate annuity or an immediate annual allowance — or to an immediate benefit or an immediate allowance under Part I of those regulations — be deemed so to have elected within that period to continue to be a participant under this Part after the expiry of that period.

• Marginal note:Idem

  (3) An election under subsection (1) or (2) shall be deemed not to take effect until the expiration of the period of thirty days mentioned in paragraph (2)(a).

• Marginal note:When regular force participant deemed participant

  (4) Notwithstanding anything in this Part, a participant who becomes a regular force participant ceases to be a participant under this Part, but if on ceasing to be a regular force participant he is not entitled to an immediate annuity under the Canadian Forces Superannuation Act and is entitled to an immediate annuity under Part I, he shall be deemed to have elected under subsection (1) to continue to be a participant under this Part.

Marginal note:Elections to reduce benefits

• 52 (1) If the basic benefit of an elective participant who, on ceasing to be employed in the Public Service, or on ceasing to be required to contribute to the Retirement Compensation Arrangements Account by section 8 or 9 of the Retirement Compensation Arrangements Regulations, No. 1, was entitled to an immediate annuity or an immediate annual allowance — or to an immediate benefit or an immediate allowance under Part I of those regulations — exceeds ten thousand dollars, the amount of the basic benefit shall, if the participant so elects, be reduced to ten thousand dollars.

• Marginal note:Transitional

  (2) An elective participant who has made an election under section 52 of this Act as it read from time to time before October 5, 1992 is, beginning on that day, deemed to have elected to reduce the basic benefit of the participant to five thousand dollars unless, within one year after that day, the participant elects not to be deemed to have so elected.

• Marginal note:Transitional

  (2.1) An elective participant who has made an election under section 52 of this Act as it read from time to time before the day on which this subsection comes into force is, beginning on that day, deemed to have elected to reduce his or her basic benefit to ten thousand dollars unless, within one year after that day, the participant elects not to be deemed to have so elected.

• Marginal note:Transitional

  (2.2) An elective participant who has attained the age of sixty years on April 1, 1999 may elect, within one year after the day on which this subsection comes into force, to have his or her basic benefit determined in accordance with paragraph (e) of the definition “basic benefit” in subsection 47(1).

• Marginal note:Election irrevocable

  (3) An election made under this section is irrevocable.

Contributions

Marginal note:Amount of contributions

53 Every participant shall contribute to the Consolidated Revenue Fund at the rate of fifteen cents per month for every thousand dollars in the amount of the participant’s basic benefit (reduced, if the participant has attained the age of sixty-five years and is employed in the Public Service, having been so employed substantially without interruption for two years or more or having been a participant under this Part without interruption for two years or more, by one dollar and fifty cents per month, commencing as of the time that the regulations prescribe, being the contribution otherwise payable under this Part for the basic benefit in the amount of ten thousand dollars referred to in the definition “basic benefit” in subsection 47(1)) or, in the case of elective participants and participants who are absent from duty, any contribution that the regulations prescribe.

Benefits

Marginal note:Payment of benefit

• 54 (1) On the death of a participant, there shall be paid to the persons and in the manner specified in this Part the amount of the basic benefit of the participant with respect to which the last contribution payable under this Part by the participant was calculated.

• Marginal note:Last contribution for certain cases

  (2) Where, in the case of a participant who at the time of death was employed in the Public Service, salary is not paid for the full month in which he died, the last contribution shall be for that full month and shall be deemed to have become payable immediately before death.

• Marginal note:Benefits to certain participants continued

  (3) Notwithstanding subsection (1), in calculating the benefit payable under subsection (1) on the death of a person who was an elective public service participant immediately before August 1, 1966 and who continued to be an elective participant until the time of his death, “basic benefit” means the basic benefit referred to in the definition “basic benefit” in subsection 47(1) as it read immediately prior to August 1, 1966.

Marginal note:To whom benefits paid

• 55 (1) Subject to section 58, benefits shall be paid as follows:

  • (a) where a deceased participant has, pursuant to any regulations made under subsection 61(1), named his estate as his beneficiary or named another beneficiary who may be named under those regulations and the beneficiary survives the participant, to the beneficiary; and

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

• Marginal note:Transitional

  (2) Notwithstanding subsection (1), where, immediately prior to December 20, 1975, any benefit would, on the death of a participant, have become payable to his widow, the benefit shall remain payable, on his death, to his widow, unless

  • (a) she does not survive him;

  • (b) he names his estate as his beneficiary under any regulations made under paragraphs 61(1)(f) and (g); or

  • (c) he names another beneficiary under any regulations made under paragraphs 61(1)(f) and (g).

• Marginal note:Exception

  (2.1) If it is established to the satisfaction of the Minister when the participant dies that the beneficiary or widow cannot be found, the benefit shall be paid to the estate or succession of the participant or, if less than one thousand dollars, shall be paid as the Minister may direct.

• Marginal note:How benefits paid

  (3) Subject to any regulations made under paragraph 61(1)(h), a benefit shall be paid in a lump sum.

Public Service Death Benefit Account

Marginal note:Account in Consolidated Revenue Fund

• 56 (1) There shall be an account in the accounts of Canada to be known as the Public Service Death Benefit Account to which shall be credited the following:

  • (a) the amount of all contributions paid under section 53 by participants;

  • (b) the payments made by a Crown corporation or public board as required by the regulations;

  • (c) an amount equal to the amount estimated by the Minister to be sufficient to cover the cost of the benefits that will become chargeable against the Account but not less than the aggregate of

    • (i) one twelfth of the benefit paid in respect of each participant who, at the time of death, was employed in the Public Service, for which benefit contributions under this Part were payable by the participant at that time,

    • (ii) one twelfth of the benefit paid in respect of each elective participant who, on ceasing to be employed in the Public Service, was entitled under Part I to an immediate annuity or an annual allowance payable immediately, for which benefit contributions under this Part were payable by the participant at the time of death, and

    • (iii) the amount of the single premium determined under Schedule II in respect of each participant in the case of whom the basic benefit in the amount of ten thousand dollars referred to in paragraph (b) of the definition basic benefit in subsection 47(1), or the basic benefit in the amount of five hundred dollars referred to in paragraph (c) of that definition — or the basic benefit in the amount of five thousand dollars referred to in paragraph (d) of that definition — applies without contribution under this Part by the participant for it; and

  • (d) an amount representing interest on the balance from time to time to the credit of the Account, calculated in such manner and at such rates and credited at such times as the regulations provide.

  • (e) and (f) [Repealed, 1992, c. 46, s. 27]

• Marginal note:How benefits charged

  (2) Benefits shall be paid out of the Consolidated Revenue Fund and charged against the Public Service Death Benefit Account.

General

Marginal note:Elective participants

• 57 (1) There shall be issued to elective participants a document in such form as the regulations prescribe as evidence that they are participants under this Part.

• Marginal note:Idem

  (2) An elective participant ceases to be a participant if any contribution payable by him under this Part is not paid within thirty days after the due date thereof.

Marginal note:Benefits not assignable, etc.

58 Subject to Part II of the Garnishment, Attachment and Pension Diversion Act and to the Pension Benefits Division Act,

• (a) a benefit under this Part is not capable of being assigned, charged, anticipated or given as security and any transaction that purports to assign, charge, anticipate or give as security any such benefit is void; and

• (b) a benefit under this Part is exempt from attachment, seizure and execution, either at law or in equity.

Marginal note:Valuation and assets reports

• 59 (1) A valuation report and an assets report on the state of the Public Service Death Benefit Account shall be prepared, filed with the Minister and laid before Parliament in accordance with the Public Pensions Reporting Act and as if the supplementary death benefit plan established by this Part were a pension plan established under an Act referred to in subsection 3(1) of that Act.

• Marginal note:Review dates

  (2) For the purposes of subsection (1), the review date as of which an actuarial review of the Public Service Death Benefit Account must be conducted for the purposes of the first valuation report is December 31 in the year that is four years after the day on which this subsection comes into force and, thereafter, the review dates must not be more than three years apart.

Marginal note:Annual report

60 The Minister shall lay before Parliament each year a report on the administration of this Part during the preceding fiscal year, including a statement showing the amounts that during such year were credited to or charged against the Public Service Death Benefit Account.

Marginal note:Regulations

• 61 (1) The Governor in Council may make regulations for carrying the purposes and provisions of this Part into effect and, without restricting the generality of the foregoing, may make regulations

  • (a) prescribing the times as of which the reductions referred to in the definition “basic benefit” in subsection 47(1) shall be made;

  • (b) excluding any Crown corporation or public board from the operation of this Part;

  • (c) prescribing the manner and time of payment of contributions;

  • (d) prescribing the contributions to be made by elective participants and participants who are absent from duty and prescribing the conditions on which participants who are absent from duty may continue to be participants;

  • (e) respecting the manner and time of making elections under this Part;

  • (f) prescribing the manner and time of naming, changing or revoking beneficiaries under this Part;

  • (g) authorizing a contributor or a participant to name his estate as his beneficiary and prescribing classes of persons and organizations from which beneficiaries may be named for the purposes of this Part;

  • (h) authorizing payment, with the approval of the Minister, out of any benefit payable to the spouse, beneficiary or estate or succession of a deceased participant, of reasonable expenses incurred for the maintenance, medical care or burial of the participant;

  • (i) respecting the rates at which interest is to be credited to the Public Service Death Benefit Account under paragraph 56(1)(d), the manner in which it shall be calculated and the times at which it shall be credited to the Account;

  • (j) prescribing, for the purposes of the definition “salary” in subsection 47(1), the day on which a retroactive increase in pay shall be deemed to have commenced to have been received by a participant;

  • (k) prescribing the amount, time and manner of payments to be made by Crown corporations and public boards in respect of participants who are employed by those corporations or boards; and

  • (l) prescribing forms for the purposes of this Part.

• Marginal note:Application of Part I

  (2) Section 32, except subsection (1) thereof, section 33 and paragraphs 42(1)(o), (u), (w), (z), (aa), (bb), (ee) and (ff) apply to this Part with such modifications as the circumstances require.

Marginal note:Ineligibility

• 62 (1) Notwithstanding anything in this Part, the expression “participant” does not include

  • (a) a person employed in the Public Service on July 1, 1954, or

  • (b) a person who is a member of the regular force on July 1, 1954,

  if that person, on or before November 1, 1954, in such manner and form as the regulations prescribe, has elected not to come under this Part.

• Marginal note:Election irrevocable

  (2) An election made under this section is irrevocable.

• Marginal note:Application

  (3) Subsection (1) applies only to a person described therein who

  • (a) on August 14, 1956 was employed in the Public Service or was a member of the regular force and has thereafter continued to be so employed or to be such a member substantially without interruption; or

  • (b) on August 14, 1956 was not employed in the Public Service and was not a member of the regular force, but since the time when he last ceased to be so employed or to be such a member prior to August 14, 1956 he continued to be employed in the Public Service or to be a member of the regular force substantially without interruption.

• Marginal note:Election deemed valid

  (4) Where a person who

  • (a) was employed in the Public Service on July 1, 1954, and

  • (b) had not, before April 1, 1965, made any contributions under section 53

  made an election under subsection (1) in purported compliance therewith that was invalid by reason only that the person was not, on July 1, 1954, a participant within the meaning of this Part, that election shall be deemed to have been made validly under and in accordance with subsection (1).

Marginal note:Double payment avoided

63 Notwithstanding anything in this Part, no benefit is payable in respect of a deceased participant where ex gratia compensation in lieu of a benefit has been approved by the Governor in Council in respect of that deceased participant.

PART IIISupplementary Benefits

Marginal note:Definitions

64 In this Part,

contributor

contributor[Repealed, 1999, c. 34, s. 107]

pension

pension means any pension, annual allowance or annuity payable under Part I; (pension)

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 24.2 unless

• (a) that person has reached sixty years of age,

• (b) that person, if not having reached sixty years of age, is in receipt of that immediate annuity or annual allowance by reason of being disabled, or

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

  • (i) twenty-six years of pensionable service, in the case of a person who has reached fifty-nine years of age but has not reached sixty years of age,

  • (ii) twenty-seven years of pensionable service, in the case of a person who has reached fifty-eight years of age but has not reached fifty-nine years of age,

  • (iii) twenty-eight years of pensionable service, in the case of a person who has reached fifty-seven years of age but has not reached fifty-eight years of age,

  • (iv) twenty-nine years of pensionable service, in the case of a person who has reached fifty-six years of age but has not reached fifty-seven years of age, or

  • (v) thirty years of pensionable service, in the case of a person who has reached fifty-five years of age but has not reached fifty-six years of age. (prestataire)

65 [Repealed, 1999, c. 34, s. 108]

Marginal note:Contributions for elective service

• 66 (1) A person who elects, pursuant to section 6 or 39, to count as pensionable service any period of elective service specified in that section, or any portion of that service, that is after March 31, 1970 but before January 1, 2000 is required to contribute to the Superannuation Account or the Public Service Pension Fund in respect of it, in addition to any other amount required under this Act, an amount calculated in the manner and in respect of the salary described in those sections

  • (a) in the case of any period of elective service or portion of such a period that is after March 31, 1970 and before January 1, 1977, at the rate of one half of one per cent of the person’s salary; and

  • (b) in the case of any period of elective service or portion of such a period that is after December 31, 1976 and before January 1, 2000 at the rate of one per cent of the person’s salary.

• Marginal note:Manner of payment

  (2) Subsections 8(6) to (8) apply, with such modifications as the circumstances require, in respect of amounts required to be paid under subsection (1).

67 [Repealed, 1999, c. 34, s. 110]

Marginal note:Benefit payable

68 Subject to this Part, a supplementary benefit is payable to every recipient.

Marginal note:Calculation of benefit

• 69 (1) The supplementary benefit payable to a recipient for a month in any year shall be calculated with reference to the retirement year of the recipient and shall be equal to the amount of the supplementary retirement benefit that would be payable with respect to the recipient’s pension under section 4 of the Supplementary Retirement Benefits Act if that Act applied to the recipient.

• Marginal note:Exception for first year benefits received

  (2) The supplementary benefit payable to a recipient for a month in the year immediately following the recipient’s retirement year is equal to the product obtained by multiplying

  • (a) the amount of the supplementary benefit that would, but for this section, be payable to the recipient for that month

    by

  • (b) the ratio that the number of complete months that remained in the retirement year after the retirement month bears to twelve.

• Marginal note:Determination of retirement year or month

  (3) For the purposes of this section,

  • (a) the retirement year or retirement month of a person to or in respect of whom or in respect of whose service a pension is payable, other than a person referred to in paragraph (b), is the year or month, as the case may be, in which, for the purposes of this Act, that person most recently ceased to be employed in the Public Service; and

  • (b) the retirement year or retirement month of a person who is in receipt of a pension by virtue of being a survivor or a child, is the retirement year or retirement month, as the case may be, of the person in respect of whom or in respect of whose service the pension is payable.

• Marginal note:Deemed retirement year

  (4) For the purpose 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 pursuant to subsection 17(2) or section 24.2, that person is deemed to have ceased to be employed at the time the person ceased to be employed in operational service as defined in section 15 or 24.1, as the case may be.

• Marginal note:No decrease in amount of supplementary benefit

  (5) Notwithstanding subsection (1) but subject to section 70, the aggregate of the amount of the supplementary benefit and the amount of the pension that may be paid to a recipient for a month in any year shall not be less than the aggregate of the amount of the supplementary benefit and the amount of the pension that was or may be paid to that recipient for any month in the year next before that year.

• Marginal note:Recipients for whom retirement year is after 1975

  (6) Notwithstanding subsections (1), (2) and (5) but subject to section 70, the amount of the supplementary benefit that may be paid for a month in any year to a recipient in respect of whom the retirement year determined pursuant to subsection (3) is 1976 or a later year shall not be less than an amount equal to the difference obtained by subtracting the amount of the pension that may be paid to the recipient for that month in that year from the aggregate of the supplementary benefit and the maximum pension that would have been payable to that recipient for that month in that year, otherwise than pursuant to this section, if the retirement month of the retirement year of the recipient had been that month in such year, being a year after 1974, as is determined by

  • (a) the Governor in Council, in the case of a person to or in respect of whom the pension is payable on ceasing to hold an office to which the person was appointed by the Governor in Council; or

  • (b) the Treasury Board, in the case of a person other than a person described in paragraph (a).

Marginal note:Manner of payment of benefit

• 70 (1) The supplementary benefit payable to a recipient shall be paid at the same times, in the same manner, during or in respect of the same periods and subject to the same terms and conditions as the pension payable to that recipient.

• (2) [Repealed, 1999, c. 34, s. 112]

PART IVGeneral

Marginal note:Regulations

• 71 (1) The Governor in Council may, for the purpose of enabling the pension plan provided by this Act to conform with any provision of section 147.1 of the Income Tax Act and Part LXXXV of the Income Tax Regulations, make regulations

  • (a) adapting any provision of this Act or of any regulation made under this Act;

  • (b) respecting the application of any provision of this Act or of any regulation made under this Act; and

  • (c) generally as the Governor in Council may consider necessary for that purpose.

• Marginal note:Idem

  (2) The Governor in Council may, for the purpose of ensuring the practical and fair application of this Act in any case where regulations are or have been made under subsection (1), make regulations

  • (a) adapting any provision of this Act or of any regulation made under this Act;

  • (b) respecting the application of any provision of this Act or of any regulation made under this Act; and

  • (c) generally as the Governor in Council may consider necessary for that purpose.

• Marginal note:Inconsistency with Act or other regulations

  (3) In the event of any inconsistency between the provisions of any regulations made under subsection (1) or (2) and the provisions of this Act or any other regulations made under this Act, the provisions of the regulations made under subsection (1) or (2) prevail to the extent of the inconsistency.

• Marginal note:Retroactive application of regulations

  (4) Regulations made under subsection (1) or (2) may, if they so provide, be retroactive and be deemed to come into force on a day prior to the day on which they are made, which prior day shall not be before the day on which this subsection comes into force.

• Marginal note:Void regulations

  (5) A regulation made under subsection (1) or (2) is void if the regulation would reduce or have the effect of reducing the amount of any pension, annual allowance, annuity, supplementary benefit or lump sum payment that has accrued to any person before the day on which the regulation is made.

SCHEDULE II(Section 56)Single Premium

Age of participant nearest birthday	Amount of Single Premium
	Males	Females
65	$310	$291
66	316	298
67	323	306
68	329	313
69	336	320
70	343	328
71	349	335
72	356	342
73	362	349
74	369	356
75	375	363
76	381	370
77	387	377
78	393	383
79	398	389
80	403	395

• R.S., 1985, c. P-36, Sch. II
• 1992, c. 46, s. 31