Canadian Forces Superannuation Act (R.S.C., 1985, c. C-17)

Act current to 2014-09-01 and last amended on 2013-01-01. Previous Versions

Canadian Forces Superannuation Act

R.S.C., 1985, c. C-17

An Act respecting the superannuation of members of the Canadian Forces

SHORT TITLE

Marginal note:Short title

 This Act may be cited as the Canadian Forces Superannuation Act.

  • R.S., c. C-9, s. 1.

INTERPRETATION

Marginal note:Definitions
  •  (1) In this Act,

    “Canadian Forces Pension Fund”

    « Caisse de retraite des Forces canadiennes »

    “Canadian Forces Pension Fund” means the fund established under section 55.2;

    “Canadian Forces Superannuation Investment Fund”

    « Fonds de placement du compte de pension de retraite des Forces canadiennes »

    “Canadian Forces Superannuation Investment Fund” means the fund established under section 55.1;

    “child”

    « enfant »

    “child” means a child or stepchild of — or an individual adopted either legally or in fact by — a contributor, who at the time of the contributor’s death was dependent on the contributor for support;

    “contributor”

    « contributeur »

    “contributor” means a person who is required by section 5 to contribute to the Canadian Forces Pension Fund, and includes, unless the context otherwise requires,

    • (a) a person who has ceased to be required by this Act to contribute to the Superannuation Account or the Canadian Forces Pension Fund, and

    • (b) for the purposes of sections 26 to 35 and 38 to 40, a contributor under Part V of the former Act who has become entitled to a pension under that Part or has died;

    “disabled”

    « invalide »

    “disabled”, as applied to any member of the regular force, has reference to any condition rendering him mentally or physically unfit to perform his duties as such member;

    “former Act”

    « ancienne loi »

    “former Act” means the Defence Services Pension Act, chapter 63 of the Revised Statutes of Canada, 1952, as it read before March 1, 1960, and includes, unless the context otherwise requires, any other enactment of Parliament providing for the payment of pensions to members of the regular force based on length of service, other than this Act;

    “intermediate engagement”

    “intermediate engagement”[Repealed, 2003, c. 26, s. 1]

    “member of the regular force”

    « membre de la force régulière »

    “member of the regular force” means an officer or non-commissioned member of the regular force;

    “member of the reserve force”

    « membre de la force de réserve »

    “member of the reserve force” means an officer or non-commissioned member of the reserve force;

    “Minister”

    « ministre »

    “Minister” means the Minister of National Defence;

    “officer”

    « officier »

    “officer” means a commissioned or subordinate officer of the regular force;

    “pay”

    « solde »

    “pay”, as applied to the Canadian Forces, means pay at the rates prescribed or established under the National Defence Act for the rank held by the person in respect of whom the expression is being applied, together with the allowances prescribed by the regulations made under this Act for that rank, and, as applied to the public service or the Royal Canadian Mounted Police, means the salary or pay and allowances, as the case may be, applicable in the case of that person, as determined under the Public Service Superannuation Act or the Royal Canadian Mounted Police Superannuation Act;

    “provincial pension plan”

    « régime provincial de pensions »

    “provincial pension plan” has the same meaning as in the Canada Pension Plan;

    “public service”

    « fonction publique »

    “public service” has the meaning given that expression in subsection 3(1) of the Public Service Superannuation Act;

    “rank”

    « grade »

    “rank” includes appointment;

    “regular force”

    « force régulière »

    “regular force” means the regular force of the Canadian Forces and includes

    • (a) the forces known before February 1, 1968 as the regular forces of the Canadian Forces, and

    • (b) the forces known before February 1, 1968 as the Royal Canadian Navy, the Canadian Army Active Force, the Permanent Active Militia, the Permanent Militia Corps, the permanent staff of the Militia, the Royal Canadian Air Force (Regular) and the Permanent Active Air Force;

    “retirement age”

    “retirement age”[Repealed, 2003, c. 26, s. 1]

    “salary”

    « traitement »

    “salary” as applied to a member of the Canadian Forces means the pay received by the member from employment as a member of the Canadian Forces;

    “short engagement”

    “short engagement”[Repealed, 2003, c. 26, s. 1]

    “Superannuation Account”

    « compte de pension de retraite »

    “Superannuation Account” means the Canadian Forces Superannuation Account referred to in section 4;

    “supplementary benefit”

    « prestation supplémentaire »

    “supplementary benefit” means a supplementary benefit payable under Part III;

    “survivor”

    « survivant »

    “survivor”, in relation to a contributor, means

    • (a) a person who was married to the contributor at the time of the contributor’s death, or

    • (b) a person referred to in subsection 29(1).

  • (2) [Repealed, 1999, c. 34, s. 115]

  • Marginal note:References to R.C.M.P. Superannuation Act

    (3) A reference in this Act to the Royal Canadian Mounted Police Superannuation Act shall be construed as including a reference to any other enactment of Parliament in force either before or after March 1, 1960 providing for the payment of pensions to members of the Royal Canadian Mounted Police based on length of service.

  • Marginal note:Employment in forces pensionable employment

    (4) Except as provided in the regulations, employment as a member of the Canadian Forces is not excepted employment for the purposes of the Canada Pension Plan.

  • R.S., 1985, c. C-17, s. 2;
  • R.S., 1985, c. 31 (1st Supp.), s. 61;
  • 1992, c. 46, s. 32;
  • 1998, c. 35, s. 107;
  • 1999, c. 34, s. 115;
  • 2003, c. 22, s. 225(E), c. 26, s. 1;
  • 2012, c. 31, s. 464.