An Act to amend the Canadian Forces Superannuation Act and to make consequential amendments to other Acts (S.C. 2003, c. 26)

Assented to 2003-11-07

 The Act is amended by adding the following after section 41:

Marginal note:Regulations
  • 42. (1) The Governor in Council may make regulations respecting the manner in which and the extent to which any provisions of this Act or of any regulations made under this Act apply in respect of any service in the reserve force of the Canadian Forces of a contributor and adapting any of those provisions for the purposes of that application.

  • Marginal note:Retroactive application of regulations

    (2) Regulations made under subsection (1) may, if they so provide, be retroactive and have effect with respect to any period before they are made.

  • Marginal note:Powers of Treasury Board

    (3) The Treasury Board may, in addition to the powers conferred on it by paragraph 7(2)(d) of the Financial Administration Act, exercise the powers of the Governor in Council under this section.

1992, c. 46, Sch. ISpecial Retirement Arrangements Act

Marginal note:2002, c. 17, s. 28

 Subparagraph 10(a)(ii) of the Special Retirement Arrangements Act is replaced by the following:

  • (ii) who is required to contribute to the Canadian Forces Superannuation Account referred to in section 4 of the Canadian Forces Superannuation Act, to the Canadian Forces Pension Fund as defined in subsection 2(1) of that Act or to a fund established under regulations made under section 59.1 of that Act,

Marginal note:2002, c. 17, s. 29(1)

 Paragraph 11(1)(b) of the Act is replaced by the following:

  • (b) who, on or after that day, is required to contribute to the Canadian Forces Superannuation Account referred to in section 4 of the Canadian Forces Superannuation Act, to the Canadian Forces Pension Fund as defined in subsection 2(1) of that Act or to a fund established under regulations made under section 59.1 of that Act and whose annual rate of pay is greater than the annual rate of pay that is fixed by the regulations made under paragraph 50(1)(g) of that Act or is greater than the annual rate that may be determined in the manner prescribed by those regulations;

TRANSITIONAL PROVISIONS

Marginal note:Return of contributions

 A contributor who ceases to be a member of the regular force, as defined in subsection 2(1) of the Canadian Forces Superannuation Act, and is not entitled to an immediate annuity under Part I of that Act is entitled, at their option, exercised in accordance with the regulations under that Act, to a return of contributions if they have been a member continuously from the day immediately before the coming into force of this section until the day on which they ceased to be a member and they ceased to be a member of the regular force before the earliest of

  • (a) the day that is two years after the coming into force of this section,

  • (b) the day on which they have 20 years of service in the regular force that counts as pensionable service, and

  • (c) the day on which they have reached the retirement age that is fixed by the regulations made under the National Defence Act as the retirement age applicable to their rank and have not less than 10 years of service in the regular force that counts as pensionable service.