Canadian Forces Superannuation Regulations (C.R.C., c. 396)

Canada Pension Plan

34 For the purposes of subsection 2(4) of the Act, the following employment as a member of the Canadian Forces is excepted employment for the purposes of the Canada Pension Plan:

• (a) employment on or after January 1, 1966, as a member of the Canadian Forces to whom the Defence Services Pension Continuation Act applies; and

• (b) employment in the reserve force as defined in subsection 2(1) of the National Defence Act from January 1, 1966 to December 31, 2006, other than employment

  • (i) on Continuous Duty or Class “C” Reserve Service, or

  • (ii) in excess of 30 days on Special Duty or Class “B” Reserve Service.

General

35 The chairman of the Service Pension Board may issue such instructions and prescribe such forms as he or she deems necessary to give effect to section 49 of the Act.

• 36 (1) For the purposes of paragraph 55(1)(b) of the Act, interest shall be calculated in respect of each quarter in each fiscal year as of the last day of June, September, December and March on the balance to the credit of the Superannuation Account on the last day of the preceding quarter.

• (2) The rate to be used for the purpose of calculating interest under subsection (1) in respect of any quarter is the rate that would yield an amount of interest equal to the amount of interest that the aggregate of the balances to the credit of the Superannuation Accounts maintained under the Public Service Superannuation Act, the Canadian Forces Superannuation Act and the Royal Canadian Mounted Police Superannuation Act would have yielded during that quarter if the quarterly excess were invested at,

  • (a) where the rate is to be used in respect of any quarterly excess after December 31, 1965, the average of the rates of interest that may be or have been determined by the Minister of Finance for the months in that quarter pursuant to subsection 111(2) of the Canada Pension Plan; and

  • (b) where the rate is to be used in respect of any quarterly excess before the quarter ending on March 31, 1966, the average of the rates of interest determined by the Minister of Finance for the months in that quarter as if subsection 111(2) of the Canada Pension Plan had been in force.

• (3) The President of the Treasury Board shall cause notice of the rate to be used in respect of each fiscal year for the purpose of calculating interest under subsection (1) to be published in the Canada Gazette.

• (4) In this section, quarterly excess means

  • (a) the total of the amounts credited to the Superannuation Accounts maintained under the Public Service Superannuation Act, the Canadian Forces Superannuation Act and the Royal Canadian Mounted Police Superannuation Act during any quarter of a fiscal year

  minus

  • (b) the payments charged to those Accounts during that quarter

  plus

  • (c) the total of any amounts credited to those Accounts less the payments charged to those Accounts during any quarter of a fiscal year that is a multiple of 20 years prior to the quarter referred to in paragraph (a).

Calculation of Interest on Return of Contributions for Any Period before 2001

• 36.1 (1) In this section, 1973 closing balance means the aggregate of all amounts referred to in paragraphs (a) and (b) of the definition return of contributions in section 10 of the Act that have been paid by the contributor into, or transferred to the credit of the contributor to, the Superannuation Account before January 1, 1974 and that have not been previously paid to the contributor as a return of contributions.

• (2) In this section, yearly contribution means the aggregate of all amounts referred to in paragraphs (a) and (b) of the definition return of contributions in section 10 of the Act that have been paid by the contributor into, or transferred to the credit of the contributor to, the Superannuation Account or the Canadian Forces Pension Fund during a calendar year and that have not been previously paid to the contributor as a return of contributions.

• (3) For the purposes of paragraph 13(a) of the Act, for any period before January 1, 2001, interest shall be calculated on

  • (a) the 1973 closing balance, from January 1, 1974, to the earlier of December 31 of the year immediately preceding the year in which the contributor ceased to be a member of the regular force and December 31, 2000; and

  • (b) each yearly contribution after 1973, from January 1 of the year following the year in which the contribution was made to the earlier of December 31 of the year immediately preceding the year in which the contributor ceased to be a member of the regular force and December 31, 2000.

Calculation of Interest on Return of Contributions for Any Period after 2000

• 36.2 (1) In this section, 2000 closing balance means the aggregate of all amounts referred to in paragraphs (a) and (b) of the definition return of contributions in section 10 of the Act that have been paid by the contributor into, or transferred to the credit of the contributor to, the Superannuation Account or the Canadian Forces Pension Fund before January 1, 2001 and that have not been previously paid to the contributor as a return of contributions, plus interest on that aggregate amount calculated in accordance with section 36.1.

• (2) For the purposes of paragraph 13(b) of the Act, for any period after December 31, 2000, interest shall be calculated and balances determined in accordance with this section and interest shall be calculated in respect of every quarter up to and including the quarter preceding the quarter in which the return of contributions is paid.

• (3) For the quarter ending March 31, 2001,

  • (a) if a return of contributions is paid during that quarter, interest shall be calculated and the balances determined in accordance with section 36.1; and

  • (b) in any other case, interest shall be calculated at the effective quarterly rate determined from an annual rate of four per cent on the 2000 closing balance.

• (4) For each quarter beginning after March 31, 2001 for which interest is being calculated, interest shall be calculated at the rate determined under subsections (5) and (6) for that quarter on

  • (a) the 2000 closing balance;

  • (b) the interest calculated in accordance with paragraph (3)(b) on the 2000 closing balance;

  • (c) the aggregate of all amounts referred to in paragraphs (a) and (b) of the definition return of contributions in section 10 of the Act that have been paid by the contributor into, or transferred to the credit of the contributor, to the Canadian Forces Pension Fund after December 31, 2000 but before the end of the quarter preceding the quarter for which interest is being calculated and that have not been previously paid to the contributor as a return of contributions; and

  • (d) interest calculated in accordance with this subsection as of the end of the quarter preceding the quarter for which interest is being calculated.

• (5) The rate of interest to be used for the purposes of subsection (4) is the effective quarterly rate determined from the annual rate of return of the Canadian Forces Pension Fund published in the previous fiscal year’s annual report for the Public Sector Pension Investment Board as laid before each House of Parliament under subsection 48(3) of the Public Sector Pension Investment Board Act.

• (6) If the rate of return referred to in subsection (5) is negative, the rate of interest shall be zero per cent.

Annual Report

36.3 Beginning with the fiscal year ending March 31, 2002, the annual report referred to in section 57 of the Act shall include the financial statements of the pension plan provided by the Act, prepared in accordance with the federal government’s stated accounting policies for the pension plan, which are based on generally accepted accounting principles.

Capitalized Value

37 Where, pursuant to Part I of the Act, it is necessary to determine the capitalized value of an annuity or annual allowance, the capitalized value shall be computed on the basis of the Canadian Life Table Number 2 (1941), Males or Females, as the case may be, together with interest at the rate of four per cent per annum.

Forms

38 The following forms are prescribed for the purposes of the applicable sections of the Act and these Regulations, as the case may be, referred to below:

• (a) Form CFSA 100 (Election to Pay for Prior Pensionable Service/Election to Repay Annuity or Pension Drawn during a Period of Elective Service) — paragraph 6(b) and subsections 42(1) and 43(1) of the Act and subsection 41(4) of the Act, as adapted by section 8.4 of these Regulations;

• (b) Form CFSA 103 (Election to Surrender Annuity or Annual Allowance Under Public Service Superannuation Act or Royal Canadian Mounted Police Superannuation Act) — subsection 46(2) of the Act; and

• (c) Form CFSA 106 (Surrender of Right to Count Pensionable Service Without Pay) — subsection 11(2.1) of these Regulations.

Transitional

39 For the purposes of paragraph 50(l) of the Act, any direction given by the Minister under subsection 62(1) of the former Act which is outstanding on February 1, 1968, shall continue to have full force and effect in the circumstances contemplated by that subsection but any such direction shall be subject to modification or suspension by the Minister on receipt of a recommendation from the Canadian Pension Commission.

Canadian Forces Supplementary Death Benefits

Contributions

• 40 (1) The contributions required to be paid by every participant shall be paid monthly by reservation from pay and allowances or otherwise, as specified in these Regulations.

• (2) [Repealed, SOR/92-717, s. 4]

40.1 In respect of a member of the reserve force who is considered to be a member of the regular force by virtue of subsection 8.1(1), paragraph (e) of the definition participant in subsection 60(1) of the Act is adapted as follows:

• (e) a person who has made an election under subsection 6.1(1), other than a member of the reserve force who is considered to be a member of the regular force by virtue of subsection 8.1(1) of the Canadian Forces Superannuation Regulations,

Participants Absent from Duty

41 The contribution required to be paid by a participant who is absent from duty is an amount equal to the amount that they would be required to pay if they were not so absent.

42 Where a participant is absent from duty with leave and receives pay and allowances during the period when they are so absent, the contributions required to be paid by them shall, during the period when they are absent, be paid in accordance with section 41.

• 43 (1) Where a participant is absent from duty with leave but does not receive pay and allowances for or in respect of the period, or any part thereof, during which they are so absent, they shall pay the contributions required to be paid by them at such times and in such manner as the Minister, from time to time, prescribes, and any part of the contributions not paid during their absence shall be paid by that participant when they return to duty by reservation from pay and allowances in accordance with subsection (2).

• (2) If a participant returns to duty after having been absent from duty with leave and has not paid the contributions required to be paid in respect of the period, or any part of it, during which the participant was absent, the contributions shall be recovered by monthly deductions from their pay during a period of not more than six months in amounts not less than the amounts that were required to be paid while they were absent.

• (3) Notwithstanding anything in this section, where a participant who has been absent from duty with leave and has returned to duty is paying the appropriate amount of contributions in respect of a period when they were so absent by reservation from their pay and allowances, they may pay, in one lump sum, at any time prior to the expiration of the period during which the contributions are to be recovered from pay and allowances, the amount payable by them in respect of the period during which they were so absent.

44 Where a participant is absent without authority for a period in excess of 21 consecutive days, they shall be deemed to have ceased to be a member of the regular force on the last day in the month in which the 22nd consecutive day on which they were so absent occurs, unless such absence ceases on or before the last day of the said month.

Elective Participants

• 45 (1) Subject to subsections (2) and (3), every elective participant, other than a participant who has made an election under section 64 of the Act, who, on ceasing to be a member of the regular force, is entitled to an immediate annuity under Part I of the Act, shall contribute $0.05 each month for every $250 of the salary of the participant at the time the participant ceases to be a member.

• (2) The salary in respect of which a contribution is calculated under subsection (1) is reduced by 10 per cent for each year in excess of 60 years of age that is attained by the participant, except that such a reduction may not reduce the salary to less than $2,500.

• (3) The contribution required under subsection (1) in respect of a participant who is 65 years of age or older is reduced by $0.50 per month, effective on the later of

  • (a) December 1, 1992, and

  • (b) the April 1 or October 1 that follows the day on which the participant attains 65 years of age, whichever is earlier.

• (4) Subject to subsection (5), a participant who contributed under subsection (1) during the period beginning on October 5, 1992 and ending on November 30, 1992 shall, in respect of the period beginning on December 1, 1992 and ending on March 31, 1993, contribute one half of the amount determined under subsection (1).

• (5) The contribution required under subsection (4) is reduced by $0.25 per month in respect of a participant who attained 65 years of age before October 1, 1992.

• (6) An elective participant who, on ceasing to be a member of the regular force, is entitled to an immediate annuity under Part I of the Act and who makes an election under section 64 of the Act shall contribute $0.50 per month until the participant attains 65 years of age.

• (7) Every elective participant who, on ceasing to be a member of the regular force, was not or is not entitled to an immediate annuity under Part I of the Act, shall contribute, 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 nor a pension under the Defence Services Pension Continuation Act is payable to the participant, the amount set out in Part I of Schedule I; and

  • (b) during any period in which an annuity under Part I of the Act or a pension under the Defence Services Pension Continuation Act is payable to the participant, the amount set out in Part II of Schedule I.

• (8) An elective participant referred to in subsection (7), other than a participant who made an election under section 64 of the Act, who, during the period beginning on October 5, 1992 and ending on November 30, 1992, paid monthly contributions in accordance with Schedule I, shall, in respect of the period beginning on December 1, 1992 and ending on March 31, 1993, contribute one half of the amount set out in Part II of Schedule I.

• (9) Contributions payable under paragraph (7)(a) shall be paid in a lump sum, in advance,

  • (a) in respect of a participant who ceased to be a member of the regular force before November 1, 1992, each year on or before the thirtieth day after the anniversary of the day on which the participant ceased to be a member of the regular force; and

  • (b) in respect of a participant who ceases to be a member of the regular force on or after November 1, 1992, on or before the thirtieth day after the day on which the participant ceases to be a member of the regular force and, in each succeeding year, on or before the thirtieth day after the anniversary of the day on which the participant ceased to be a member of the regular force.

• (10) [Repealed, SOR/2016-64, s. 37]

• (11) Contributions payable under subsections (1), (4) and (6) and paragraph (7)(b) shall be paid by reservation from the annuity or pension referred to in those subsections or that paragraph, as the case may be.

• (12) Where a person who is an elective participant has paid a contribution under Part II of the Act in respect of a period longer than one month and, before the expiration of that period, the person becomes, under the Act or under Part II of the Public Service Superannuation Act, a participant other than an elective participant, there shall be refunded to the participant an amount equal to the fraction of the last contribution paid, of which

  • (a) the numerator is the number of complete calendar months remaining until the participant’s next contribution would have been payable if the participant 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 the participant.