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

Regulations are current to 2021-04-05 and last amended on 2015-06-23. Previous Versions

Supplementary Death Benefit Regulations

C.R.C., c. 1360

PUBLIC SERVICE SUPERANNUATION ACT

Regulations Respecting Supplementary Death Benefits

Short Title

 These Regulations may be cited as the Supplementary Death Benefit Regulations.

Interpretation

 In these Regulations,

Act

Act means the Public Service Superannuation Act; (Loi)

department

department includes any portion of the executive government of Canada, the Senate and House of Commons of Canada and the Library of Parliament, any board, commission, corporation or portion of the public service of Canada specified in Schedule A to the Act other than a corporation or public board specified in Schedule III to these Regulations and any portion of the public service of Canada deemed by an Act of Parliament, other than the Act, to be in the Public Service for the purposes of the Act; (ministère)

deputy head

deputy head includes the chairman, president or other chief executive officer of a department; (sous-chef)

Minister

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

seasonal employee

seasonal employee and sessional employee have the same meaning as in the Public Service Superannuation Regulations. (employé saisonnier and employé de session)

  • SOR/92-716, s. 7(F)

Manner and Time of Payment of Contributions

 Subject to these Regulations, the contributions required to be paid by a participant shall be paid monthly by reservation from his salary.

Contributions by Participants Absent from Duty

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

  • SOR/92-716, s. 1

 The contributions required to be paid by a participant who is absent from duty with pay shall be paid monthly by reservation from his salary.

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

    • (a) in a lump sum within 30 days after the participant’s return to duty; or

    • (b) by reservation in equal instalments from the salary payable to the participant for a period equal to twice the period of absence commencing on the expiration of the period of absence.

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

    • (a) three times the period of absence, and

    • (b) 15 years.

  • SOR/91-333, s. 1
  • SOR/94-540, s. 1

 The contributions required to be paid by a participant who is referred to in section 47.1 of the Act, or who is absent from duty without pay for the purpose of serving

  • (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, or

  • (e) outside of the Public Service with a commission established under Part I of the Inquiries Act or with any board or agency that is an agent of Her Majesty in right of Canada,

shall be paid by sending them to the Minister annually, quarterly or in a lump sum in advance, at the option of the participant.

  • SOR/92-716, s. 7(F)
  • SOR/99-378, s. 1

 Where an amount payable by a contributor under section 4 is unpaid at the time the contributor ceases to be employed in the Public Service, the amount shall be deducted from any benefit that is or will become payable under the Act to the contributor

  • (a) where the benefit is an annuity or annual allowance,

    • (i) by reservation from the monthly instalments of the annuity or annual allowance of an amount equal to the amount of any instalment otherwise payable by the contributor under section 6 or 30 per cent of the gross monthly annuity or annual allowance, whichever is the lesser, or

    • (ii) in a lump sum, if the contributor so elects, at the time the annuity or annual allowance becomes payable; and

  • (b) in any other case, in a lump sum, at the time the benefit becomes payable.

  • SOR/94-540, s. 2

Seasonal and Sessional Employees

 The contributions required to be paid by a participant who is a seasonal employee or a sessional employee in respect of the period during which he is not on duty in the Public Service shall be paid at the time and in the manner that contributions would be payable under section 6 if he were, during that period, a participant described in that section.

  • SOR/92-716, s. 7(F)

Participants Receiving Portion of Normal Pay

  •  (1) Where a participant employed in a position on a full-time basis is, due to the granting of educational leave or the seasonal nature of his employment, engaged other than on a full-time basis for any period during a year or during an entire year, and during such period or during the entire year receives a portion of the normal pay for employment on a full-time basis in that position, he shall be deemed during such period or year

    • (a) to have been employed on a full-time basis; and

    • (b) to have been in receipt of such salary as he would have received had he in fact been engaged on a full-time basis during such period or year.

  • (2) The contributions required to be paid by a participant described in subsection (1) shall be paid at the same time and in the same manner as if he were a participant described in section 6.

Contributions by Elective Participants

[SOR/92-716, s. 8(F)]
  •  (1) Subject to subsection (2), every elective participant shall 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;

    • (b) on ceasing to be employed in the Public Service after March 31, 1995 is entitled to and has opted for an annual allowance payable within thirty days after so ceasing;

    • (c) 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 is entitled to an immediate annuity;

    • (d) 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 is entitled to an immediate annual allowance; or

    • (e) on March 31, 1995 was an elective participant and

      • (i) was receiving an annual allowance under Part I of the Act and had been receiving the annual allowance since a date not later than 30 days after ceasing to be employed in the Public Service, or

      • (ii) had been receiving an annual allowance under Part I of the Act since a date not later than 30 days after ceasing to be employed in the Public Service but, on March 31, 1995, was entitled to an immediate annuity under that Part.

  • (2) The contribution required under subsection (1) is reduced by $1.50 per month, in respect of a participant who is 65 years of age or older and who

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

    • (b) is a person who is entitled to an immediate annual allowance; or

    • (c) 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 is entitled to an immediate annuity.

  • (3) The reduction referred to in subsection (2) is effective on the earlier of April 1st or October 1st after the day on which the participant attains 65 years of age.

  • SOR/92-716, s. 2
  • SOR/95-163, s. 1
  • SOR/99-378, s. 2
  •  (1) Subject to section 12, every elective participant, other than an elective participant referred to in subsection 10(1), shall contribute to the Consolidated Revenue Fund each year, in advance, for every $2,000 of the basic benefit of the participant

    • (a) during any period in which neither an annuity under Part I of the Act or under the Canadian Forces Superannuation Act nor a pension under the Defence Services Pension Continuation Act is being paid to the participant, the amount set out in Part I of Schedule I; and

    • (b) during any period in which an annuity or a pension is being paid to the participant under the Part or an Act referred to in paragraph (a), 12 times the amount set out in Part II of Schedule I.

  • (1.1) and (2) [Repealed, SOR/99-378, s. 3]

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

    • (a) the first contribution on or before the thirtieth day after the day on which the participant ceased or ceases to be employed in the Public Service; and

    • (b) subsequent such contributions each year on or before the thirtieth day after the anniversary of the day on which the participant ceased or ceases to be employed in the Public Service.

  • (3) Where the payment of an annual contribution by an elective participant is not made in accordance with subsection (2.1), the Minister shall, where he is of the opinion that failure to make such payment resulted from the fact that the participant was misinformed as to his obligations under the Act, fix a subsequent day as the day on which that contribution is due, but the due date of each annual contribution thereafter payable by the participant shall be the anniversary of the 30th day immediately following the day on which he ceased to be employed in the Public Service.

  • SOR/79-954, s. 1
  • SOR/82-929, s. 1
  • SOR/92-716, ss. 3, 7(F), 8(F)
  • SOR/95-163, s. 2
  • SOR/99-378, s. 3
 
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