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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

Contributions by Elective Participants (continued)

[SOR/92-716, s. 8(F)]

 [Repealed, SOR/99-378, s. 4]

  •  (1) Subject to subsection (2), where an elective participant is or becomes entitled to an annuity or an annual allowance under Part I of the Act, the contributions required to be paid by him pursuant to section 10 or 11 shall, unless the participant otherwise directs, be reserved from that annuity or annual allowance when it becomes payable to him.

  • (2) Where an annuity or annual allowance payable under Part I of the Act to an elective participant is not sufficient to pay the contributions required to be paid by him pursuant to section 10 or 11, the participant shall pay the contributions by sending them to the Minister annually, quarterly or in a lump sum in advance, at the option of the participant.

  • (3) A direction made by a participant pursuant to subsection (1) shall be in writing, signed by the participant and addressed to the Minister and shall have effect on and from the first day of the month immediately following the month in which it is received by the Minister.

  • SOR/92-716, s. 8(F)

 [Repealed, SOR/99-378, s. 5]

 Where an elective participant has paid a contribution in respect of a period longer than one month and before the expiration of that period he becomes a participant, other than an elective participant, under the Act or under Part II of the Canadian Forces Superannuation Act, there shall be paid to him an amount equal to a fraction of the last contribution he has paid, such fraction to be determined as follows:

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

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

  • SOR/92-716, s. 4(F)

Reductions in Benefits and Contributions

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

  • SOR/78-785, s. 1
  • SOR/92-716, ss. 7(F), 8(F), 9(F), 11
  • SOR/99-378, s. 6

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

  • SOR/92-716, s. 11

Employment Substantially Without Interruption

 Where, during any relevant period,

  • (a) a person has ceased to be employed in the Public Service and has again become employed therein, or

  • (b) the duties or conditions of employment of a person employed in the Public Service have altered,

his service during that period shall be deemed for the purposes of Part II of the Act to be substantially without interruption unless during that period he ceased to be employed in the Public Service and did not again become employed therein within three months from the day on which he so ceased to be employed.

  • SOR/92-716, s. 7(F)

Salaries in Cases of Doubt

 For the purposes of Part II of the Act and these Regulations, the salary of a participant

  • (a) whose authorized salary includes any bonus or allowance of determinate or indeterminate amount shall be deemed to be the sum of the regular remuneration payable for the services performed by him in his position and the value of the bonus or allowance as fixed by the Treasury Board;

  • (b) who is in receipt of a salary in respect of employment in the Public Service on a full-time basis and in receipt of a salary in respect of employment in the Public Service on a part-time basis shall be deemed to be the sum of the salaries received by him in respect of such employment; and

  • (c) who is in receipt of more than one salary in respect of employment in the Public Service on a full-time basis shall be deemed to be

    • (i) in respect of salary received before August 9, 1994, the salary that was first authorized to be paid to the contributor; and

    • (ii) in respect of salary received after August 8, 1994, the total of all salaries received by the contributor.

  • SOR/92-716, s. 7(F)
  • SOR/94-541, s. 1

Persons Not in Receipt of Stated Annual Salary

  •  (1) The salary that is or was authorized to be paid to a person at a rate other than an annual rate shall be computed in terms of an annual rate by multiplying the rate of pay that he is or was paid

    • (a) in the case of an hourly rate, by the aggregate of

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

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

    • (b) in the case of a daily rate, by the aggregate of

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

      • (ii) one day;

    • (c) in the case of a weekly rate, by 52; or

    • (d) in the case of a monthly rate, by 12.

  • (2) For the purposes of this section the number of hours or days in a relevant standard work week is the number of hours or days, as the case may be, that the employee in respect of whom the expression is being applied is or was ordinarily required to work in the relevant work week as determined by the Minister.

Effective Dates of Ceasing to Be Employed in the Public Service

 Subject to sections 21 and 22, a participant, other than an elective participant, shall be deemed to have ceased to be employed in the Public Service,

  • (a) in the case of a participant other than a participant described in paragraphs (b) to (e), on the day following the last day for which he received pay in respect of his employment in the Public Service;

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

  • (c) in the case of a participant who is on authorized leave of absence without pay, on the earlier of

    • (i) the day following the day on which his deputy head advises the Minister in writing that the employee ceased to be employed in the Public Service, and

    • (ii) the day that, according to the provisions of any other Act of Parliament governing employment outside the Public Service, he became a contributor to any other superannuation or pension fund or plan;

  • (d) in the case of a participant who is on unauthorized leave of absence without pay, the day following the day on which his deputy head advises the Minister in writing that the employee ceased to be employed in the Public Service;

  • (e) in the case of a participant who is under suspension pursuant to the provisions of any Act of Parliament, the day he ceased to be employed in the Public Service as certified by his deputy head to the Minister; and

  • (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, the day following the last day on which he or she was required to contribute.

  • (g) [Repealed, SOR/99-378, s. 7]

  • SOR/92-716, ss. 7(F), 8(F), 11
  • SOR/94-541, s. 2
  • SOR/99-378, s. 7
  •  (1) A participant who is a sessional employee shall be deemed 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 he was actively employed unless

    • (a) within a period of 10 days from that day he returns to duty; or

    • (b) the Speaker of the House of Parliament in which he is or was employed advises the Minister in writing that the employee will cease or has ceased to be employed on a day earlier than that first day.

  • (2) Subsection (1) does not apply to a sessional employee in respect of a special or emergency session of Parliament at which the employee is not required to perform any services.

  • SOR/92-716, s. 7(F)

 A participant who is a seasonal employee shall be deemed to have ceased to be employed in the Public Service on the first day he is required to return to duty following the season in which he was actively employed unless

  • (a) within a period of 10 days from that day he returns to duty; or

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

  • SOR/92-716, s. 7(F)
 
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