Supplementary Death Benefit Regulations (C.R.C., c. 1360)

AMENDMENTS NOT IN FORCE

• — SOR/2024-85, s. 1

  • 1 The long title of the Supplementary Death Benefits RegulationsFootnote ¹ is replaced by the following:

    • Return to footnote ¹C.R.C., c. 1360

    Supplementary Death Benefit Regulations

• — SOR/2024-85, s. 2

  • 2 Section 1 of the Regulations and the heading before it are repealed.

• — SOR/2024-85, s. 3

  • • 3 (1) The definition department in section 2 of the Regulations is repealed.

    • (2) The definition sous-chef in section 2 of the French version of the Regulations is repealed.

    • (3) The definition deputy head in section 2 of the English version of the Regulations is replaced by the following:

      deputy head

      deputy head has the same meaning as in section 2 of the Public Service Superannuation Regulations; (sous-ministre)

    • (4) Section 2 of the French version of the Regulations is amended by adding the following in alphabetical order:

      deputy head

      sous-ministre s’entend au sens de l’article 2 du Règlement sur la pension de la fonction publique. (deputy head)

• — SOR/2024-85, s. 4

  • 4 Section 3 of the English version of the Regulations is replaced by the following:

    • 3 Subject to these Regulations, the contributions required to be paid by a participant must be paid monthly by reservation from the participant’s salary.

• — SOR/2024-85, s. 5

  • 5 Sections 4 and 5 of the English version of the Regulations are replaced by the following:

    • 4 A participant who is absent from duty must contribute to the Consolidated Revenue Fund an amount equal to the amount the participant would be required to contribute under section 53 of the Act if the participant were not absent from duty.

    • 5 The contributions required to be paid by a participant who is absent from duty with pay must be paid monthly by reservation from the participant’s salary.

• — SOR/2024-85, s. 6

  • • 6 (1) The portion of subsection 6(1) of the English version of the Regulations before paragraph (a) is replaced by the following:

      • • 6 (1) Subject to subsection (2) and section 7, a participant who is absent from duty without pay must pay the contributions that are required to be paid in respect of that absence

    • (2) The portion of subsection 6(2) of the English version of the Regulations before paragraph (a) is replaced by the following:

      • (2) If payment under paragraph (1)(b) would cause the participant financial hardship, the participant may choose to make payment by reservation from their salary of approximately equal instalments over a period not exceeding the lesser of

• — SOR/2024-85, s. 7

  • 7 Section 7 of the Regulations is replaced by the following:

    • 7 The contributions that are required to be paid by a participant referred to in section 47.1 of the Act, or by a participant who is absent from duty without pay to serve as described in any one of the following paragraphs, must be paid in advance, annually:

      • (a) with an international organization;

      • (b) with the government of a country other than Canada;

      • (c) as a full-time paid official of a public service employee organization;

      • (d) as a full-time paid official of a credit union;

      • (e) outside the public service on an inquiry established under Part I of the Inquiries Act, or with any board or agency that is an agent of His Majesty in right of Canada.

• — SOR/2024-85, s. 8

  • 8 Sections 8 and 9 of the Regulations are replaced by the following:

    • 8 The contributions required to be paid by a participant who is a seasonal employee or sessional employee for the period during which they are not on duty in the public service must be paid at the time and in the manner that contributions would be payable under section 6 as if the employee were, during that period, a participant described in that section.

    Participants Receiving Less than Normal Salary

    • • 9 (1) For the purposes of Part II of the Act, when a participant engaged otherwise than on a full-time basis during an educational leave or a period of seasonal lay-off receives, during the educational leave or period of lay-off, salary that is less than what they would have received had they not been on leave or lay-off, they are deemed to have been, while so engaged, employed in the public service and the salary that they are deemed to have received during that leave or period of lay-off is the salary that they would have received had they not been on leave or lay-off.

      • (2) The contributions required to be paid by a participant described in subsection (1) must be paid at the time and in the manner that contributions would be payable under section 6 as if the participant were, during their educational leave or period of lay-off, a participant described in that section.

• — SOR/2024-85, s. 9

  • 9 The portion of subsection 10(1) of the English version of the Regulations before paragraph (b) is replaced by the following:

    • • 10 (1) Subject to subsection (2), every elective participant must contribute to the Consolidated Revenue Fund $0.15 each month for every $1,000 of the basic benefit if the participant

        • (a) on ceasing to be employed in the public service is entitled to an immediate annuity under Part I of the Act;

• — SOR/2024-85, s. 10

  • • 10 (1) The portion of subsection 11(1) of the English version of the Regulations before paragraph (a) is replaced by the following:

      • • 11 (1) Subject to section 12, every elective participant, other than an elective participant referred to in subsection 10(1), must contribute to the Consolidated Revenue Fund each year, in advance, for every $2,000 of the basic benefit of the participant

    • (2) The portion of subsection 11(2.1) before paragraph (a) of the English version of the Regulations is replaced by the following:

      • (2.1) Subject to section 12, a participant referred to in subsection (1) must pay

    • (3) Subsection 11(3) of the Regulations is replaced by the following:

      • (3) If an elective participant does not pay their annual contribution in accordance with subsection (2.1) because they received erroneous or misleading information as to their obligations under the Act from a person employed in the public service whose ordinary duties include giving advice about the application of the Act, the participant must pay their annual contribution within three months after the day on which they receive a notice with the correct information; however, the due date of each annual contribution after that contribution remains as set out in paragraph (2.1)(b).

• — SOR/2024-85, s. 11

  • • 11 (1) Subsection 12(1) of the English version of the Regulations is replaced by the following:

      • • 12 (1) Subject to subsection (2), if an elective participant is or becomes entitled to an annuity or an annual allowance under Part I of the Act, the contributions that they are required to pay under section 10 or 11 must, unless the participant otherwise directs, be reserved from that annuity or annual allowance when it becomes payable to the participant.

    • (2) Subsections 12(2) and (3) of the Regulations are replaced by the following:

      • (2) If an annuity or annual allowance payable under Part I of the Act to an elective participant is not sufficient to pay the contributions that the participant is required to pay under section 10 or 11, the participant must pay the contributions, in advance, annually.

      • (3) A direction made by a participant under subsection (1) must be in writing, signed by the participant and delivered to the Minister.

      • (4) The direction is effective on the first day of the month following the month in which it is received by the Minister.

• — SOR/2024-85, s. 12

  • 12 Section 14 of the English version of the Regulations is replaced by the following:

    • 14 If an elective participant has paid a contribution in respect of a period longer than one month and before the end of that period they become a participant, other than an elective participant, under the Act or under Part II of the Canadian Forces Superannuation Act, the participant is to be paid an amount equal to a fraction of the last contribution that they have paid, which is to be determined as follows:

      • (a) the numerator is the number of complete calendar months remaining until their next contribution would have been due if they had continued to be an elective participant; and

      • (b) the denominator is the total number of calendar months in respect of which they paid the contribution.

• — SOR/2024-85, s. 13

  • 13 Section 15 of the Regulations is replaced by the following:

    • 15 The reduction referred to in the definition basic benefit in subsection 47(1) of the Act is to be made on April 1st or October 1st of each year, whichever date immediately follows the participant’s birthday.

• — SOR/2024-85, s. 14

  • 14 Section 16 of the English version of the Regulations is replaced by the following:

    • 16 The reduction in the amount that certain participants are required to contribute under section 53 of the Act is to commence on April 1st or October 1st, whichever date immediately follows the anniversary of the birthday of the participant on which the participant became eligible for the reduction.

• — SOR/2024-85, s. 15

  • 15 Section 17 of the Regulations is replaced by the following:

    • 17 For the purposes of Part II of the Act, a person’s service in the public service is deemed to be substantially without interruption if, during a relevant period,

      • (a) the person ceased to be employed in the public service and has again become employed in it within three months after the day on which they ceased to be employed; or

      • (b) their duties or conditions of employment in the public service were altered.

• — SOR/2024-85, s. 16

  • • 16 (1) The portion of section 18 of the French version of the Regulations before paragraph (a) is replaced by the following:

      • 18 Pour l’application de la partie II de la Loi et du présent règlement :

    • (2) Paragraphs 18(a) and (b) of the Regulations are replaced by the following:

      • (a) in the case of a participant whose authorized salary includes any bonus or allowance of determinate or indeterminate amount, is, in any case of doubt, deemed to be the annual remuneration received for the performance of the regular duties of a position or office, including the value of that bonus or allowance; and

    • (3) The portion of paragraph 18(c) of the Regulations before subparagraph (i) is replaced by the following:

      • (c) in the case of a participant who is in receipt of more than one salary in respect of employment in the public service, is deemed to be

• — SOR/2024-85, s. 17

  • • 17 (1) The portion of subsection 19(1) of the Regulations before paragraph (a) is replaced by the following:

      • • 19 (1) For the purposes of Part II of the Act, the salary that is or was authorized to be paid to a person employed in the public service at a rate other than an annual rate is to be computed in terms of an annual rate by multiplying the rate of pay that they are or were paid

    • (2) The portion of paragraph 19(1)(a) of the French version of the Regulations before subparagraph (i) is replaced by the following:

      • a) dans le cas d’un taux horaire, par la somme des éléments suivants :

    • (3) Subparagraphs 19(1)(a)(i) and (ii) of the Regulations are replaced by the following:

      • (i) the number of hours in a standard work week multiplied by 52, and

      • (ii) the number of hours in a standard work week divided by the number of days in a standard work week;

    • (4) The portion of paragraph 19(1)(b) of the French version of the Regulations before subparagraph (i) is replaced by the following:

      • b) dans le cas d’un taux journalier, par la somme des éléments suivants :

    • (5) Subparagraph 19(1)(b)(i) of the Regulations is replaced by the following:

      • (i) the number of days in a standard work week multiplied by 52, and

    • (6) Subparagraph 19(1)(b)(ii) of the French version of the Regulations is replaced by the following:

      • (ii) un jour;

    • (7) Subsection 19(2) of the Regulations is replaced by the following:

      • (2) For the purposes of this section, the number of hours or days in a person’s standard work week is the number of hours or days that the person is or was, as the case may be, ordinarily required to work during such a work week.

• — SOR/2024-85, s. 18

  • • 18 (1) The portion of section 20 of the Regulations before paragraph (a) is replaced by the following:

      • 20 Subject to sections 21 and 22, a participant, other than an elective participant, is deemed, for the purposes of Part II of the Act, to have ceased to be employed in the public service

    • (2) Paragraphs 20(a) and (b) of the English version of the Regulations are replaced by the following:

      • (a) in the case of a participant other than a participant described in paragraphs (b) to (e), on the day after the last day for which they receive pay for their employment in the public service;

      • (b) in the case of a participant who dies, on the day after the day of their death;

    • (3) Subparagraph 20(c)(i) of the Regulations is replaced by the following:

      • (i) the day after the day on which their deputy head advises the Minister in writing that the participant has ceased to be employed in the public service, and

    • (4) Subparagraph 20(c)(ii) of the English version of the Regulations is replaced by the following:

      • (ii) the day on which, under any other Act of Parliament governing employment outside the public service, the participant becomes a contributor to any other superannuation or pension fund or plan;

    • (5) Paragraphs 20(d) and (e) of the Regulations are replaced by the following:

      • (d) in the case of a participant who is on unauthorized leave of absence without pay, on the day after the day on which their deputy head advises the Minister in writing that the participant has ceased to be employed in the public service;

      • (e) in the case of a participant who is under suspension under any Act of Parliament, on the day on which they cease to be employed in the public service as certified by their deputy head; or

    • (6) Paragraph 20(f) of the English version of the Regulations is replaced by the following:

      • (f) in the case of a participant who ceases to be required to contribute under Part I of the Act by reason of becoming a person described in paragraph 5(1)(g) or (h) or subsection 5.1(1) of the Act, on the day after the last day on which they are required to contribute.

• — SOR/2024-85, s. 19

  • 19 Subsection 21(1) of the Regulations is replaced by the following:

    • • 21 (1) A participant who is a sessional employee is deemed, for the purposes of Part II of the Act, to have ceased to be employed in the public service on the first day of the session of Parliament immediately following the session in which they were actively employed unless

        • (a) they return to duty within 10 days after that day; or

        • (b) the Speaker of the House of Parliament in which they are or were employed advises the Minister in writing that the participant will cease or has ceased to be employed on a day earlier than that first day.

• — SOR/2024-85, s. 20

  • 20 Section 22 of the Regulations is replaced by the following:

    • 22 A participant who is a seasonal employee is deemed, for the purposes of Part II of the Act, to have ceased to be employed in the public service on the first day on which they are required to return to duty following the season in which they were actively employed unless

      • (a) they return to duty within 10 days after that day; or

      • (b) their deputy head advises the Minister in writing that the participant will cease or has ceased to be employed on a day earlier than that first day.

• — SOR/2024-85, s. 21

  • 21 Section 23 of the Regulations is replaced by the following:

    • 23 For the purposes of the definition salary in subsection 47(1) of the Act, the day on which a retroactive increase in salary is deemed to have commenced to have been received by a participant is the first day of the month after the month in which

      • (a) the Governor in Council or the Treasury Board, as the case may be, approves that increase; or

      • (b) written approval of that increase is duly issued by the appropriate authority, if the approval of the Governor in Council or the Treasury Board is not required.

• — SOR/2024-85, s. 22

  • 22 Subsections 24(1) and (2) of the Regulations are replaced by the following:

    • • 24 (1) For the purposes of Part II of the Act, proof of age of the participant is to be established in the same manner as it is established under section 48 of the Public Service Superannuation Regulations before any benefit is to be paid on the participant’s death.

• — SOR/2024-85, s. 23

  • 23 Sections 25 and 26 of the Regulations are replaced by the following:

    • • 25 (1) Any election that a person makes under section 51 of the Act must

        • (a) be evidenced in writing;

        • (b) include the full name of the person, their date of birth and their personal record identifier or their pension number;

        • (c) be signed by the person; and

        • (d) be delivered or mailed to the Minister within the time limit set out in subsection 51(1) of the Act.

      • (2) The document to be issued to each elective participant as evidence that they are a participant under Part II of the Act is established using

        • (a) Form 1 of Schedule II, in the case of an elective participant who is required to contribute under subsection 10(1); or

        • (b) Form 2 of Schedule II, in any other case.

    Naming and Revoking of Beneficiaries

    • • 26 (1) A participant may, for the purposes of Part II of the Act, name up to five beneficiaries.

      • (2) For the purposes of Part II of the Act, a beneficiary may be any of the following:

        • (a) the estate or succession of the participant;

        • (b) an individual;

        • (c) a registered charity, as defined in subsection 248(1) of the Income Tax Act.

      • (3) In order to name a beneficiary, the following information must be submitted in writing to the Minister and be accompanied by an attestation that is dated and signed by the participant and that confirms that the information is complete and accurate:

        • (a) the full name of the participant, their date of birth and either their personal record identifier or their pension number;

        • (b) if the participant is naming their estate or succession, a reference to that effect;

        • (c) if the participant is naming an individual, the full name of the individual and their date of birth; and

        • (d) if the participant is naming a registered charity, its name and registration number with the Canada Revenue Agency.

      • (4) The naming is effective on the day on which the participant signs the attestation if it is received by the Minister before the death of the participant.

      • (5) In cases where the attestation is not received by the Minister before the death of the participant, the naming is effective on the day on which the participant signs the attestation if

        • (a) the receipt of the attestation by the Minister was delayed for reasons beyond the control of the participant; and

        • (b) the attestation is received before the payment of any benefit under Part II of the Act.

      • (6) If a participant has named more than one beneficiary and the information submitted with respect to one of those beneficiaries is illegible or incomplete, or does not refer to the estate or succession of the participant, an individual or a registered charity, as defined in subsection 248(1) of the Income Tax Act, the validity of the naming with respect to the other beneficiaries will not be affected.

      • (7) Any naming will revoke any previous naming.

• — SOR/2024-85, s. 24

  • 24 Section 28 of the Regulations is replaced by the following:

    • 28 A Crown corporation or public board that is not specified in Schedule III must pay to the Consolidated Revenue Fund each month an amount equal to $0.04 for every $1,000 of the basic benefit of each participant who is employed by the Crown corporation or public board at any time during that month.

• — SOR/2024-85, s. 25

  • 25 The English version of the Regulations is amended by replacing “Public Service” with “public service” in the following provisions:

    • (a) the portion of 7.1 before paragraph (a);

    • (b) paragraph 10(1)(b), subparagraphs 10(1)(e)(i) and (ii) and paragraph 10(2)(a);

    • (c) paragraphs 11(2.1)(a) and (b); and

    • (d) the note at the end of Schedule I.

• — SOR/2024-85, s. 26

  • 26 Schedules II to V to the Regulations are replaced by the Schedule II and III set out in the schedule to these Regulations.

    SCHEDULE II(Paragraphs 25(2)(a) and (b))

    FORM 1

    Date:

    Pension number:

    Personal record identifier:

    Supplementary Death Benefit

    Public Service Pension Plan

    Public Service Superannuation Act, Part II

    Notice of automatic enrolment post-employment

    This document is issued to

    

    (INSERT PARTICIPANT NAME)

    as evidence of your continued participation in the supplementary death benefit under the Public Service Pension Plan following your last day of employment in the public service on the (INSERT DATE).

    

    Government of Canada Pension Centre

    FORM 2

    Date:

    Pension number:

    Personal record identifier:

    Supplementary Death Benefit

    Public Service Pension Plan

    Public Service Superannuation Act, Part II

    Notice of optional enrolment post-employment

    This document is issued to

    

    (INSERT PARTICIPANT NAME)

    as evidence of your continued participation in the supplementary death benefit under the Public Service Pension Plan following your last day of employment in the public service on the (INSERT DATE) and as a consequence of your election to continue coverage on the (INSERT DATE).

    

    Government of Canada Pension Centre

    SCHEDULE III(Sections 27 and 28)

    • Canada Council for the Arts

      Conseil des Arts du Canada

    • Canadian Broadcasting Corporation

      Société Radio-Canada

    • Defence Construction (1951) Limited

      Construction de défense (1951) Limitée

    • Freshwater Fish Marketing Corporation

      Office de commercialisation du poisson d’eau douce

    • The Jacques-Cartier and Champlain Bridges Inc.

      Les Ponts Jacques-Cartier et Champlain Inc.

    • The Seaway International Bridge Corporation, Ltd.

      La Corporation du Pont international de la voie maritime, Ltée

• — SOR/2024-85, s. 27

  • 27 Any naming of a beneficiary by a participant, under section 26 of the Supplementary Death Benefit Regulations, before the day on which these Regulations come into force, remains valid until it is revoked.