Public Service Superannuation Regulations

4 (1) For the purposes of paragraph 4(2)(b) of the Act, the kind of superannuation or pension benefit therein referred to is one that

• (a) is granted under the Judges Act;

• (b) is payable out of the Consolidated Revenue Fund or out of any account or fund in the accounts of Canada other than the Superannuation Account or the Government Annuities Account, or out of 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, and that

  • (i) is related in amount to the period of service that may be counted by the person to whom the superannuation or pension benefit is payable, and

  • (ii) is payable in instalments during the lifetime of the recipient and thereafter if the superannuation or pension plan so provides; or

• (c) is payable, pursuant to the pension or superannuation provisions of a board, commission or corporation that is, or may hereafter be, specified in Schedule A of the Act, out of any account or fund not in the Consolidated Revenue Fund, and that

  • (i) is related in amount to the period of service that may be counted by the person to whom the superannuation or pension benefit is payable, and

  • (ii) is payable in instalments during the lifetime of the recipient and thereafter if the superannuation or pension plan so provides.

(2) For the purposes of paragraph 7(2)(a) of the Act, the kind of superannuation or pension benefit therein referred to is one that

• (a) is provided in whole or in part as a result of contributions, grants or other payments made by the employer;

• (b) is related in amount to the period of service that may be counted by the person to whom the superannuation or pension benefit is payable; and

• (c) is payable in instalments during the lifetime of the recipient and thereafter if the superannuation or pension plan so provides.

(3) Notwithstanding subsection (2), where a contributor is receiving or will be entitled to receive a superannuation or pension benefit based upon a portion of a period of service in pensionable employment and the benefit cannot be surrendered by the contributor, only the portion of the period of service upon which the benefit is based shall be deemed to fall within the provisions of that subsection, and for that purpose

• (a) the portion of the period of service shall be related to and deemed to be a period of service, regardless of how it is calculated by the employer;

• (b) the Minister shall determine the length of the period of service on the basis of information received from the employer; and

• (c) the period of service determined by the Minister shall be deemed to be that portion of the period of such service that is earliest in time.