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

Act current to 2017-11-20 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

    Canadian Forces Pension Fund means the fund established under section 55.2; (Caisse de retraite des Forces canadiennes)

    Canadian Forces Superannuation Investment Fund

    Canadian Forces Superannuation Investment Fund means the fund established under section 55.1; (Fonds de placement du compte de pension de retraite des Forces canadiennes)

    child

    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; (enfant)

    contributor

    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; (contributeur)

    disabled

    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; (invalide)

    former Act

    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; (ancienne loi)

    intermediate engagement

    intermediate engagement[Repealed, 2003, c. 26, s. 1]

    member of the regular force

    member of the regular force means an officer or non-commissioned member of the regular force; (membre de la force régulière)

    member of the reserve force

    member of the reserve force means an officer or non-commissioned member of the reserve force; (membre de la force de réserve)

    Minister

    Minister means the Minister of National Defence; (ministre)

    officer

    officer means a commissioned or subordinate officer of the regular force; (officier)

    pay

    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; (solde)

    provincial pension plan

    provincial pension plan has the same meaning as in the Canada Pension Plan; (régime provincial de pensions)

    public service

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

    rank

    rank includes appointment; (grade)

    regular force

    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; (force régulière)

    retirement age

    retirement age[Repealed, 2003, c. 26, s. 1]

    salary

    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; (traitement)

    short engagement

    short engagement[Repealed, 2003, c. 26, s. 1]

    Superannuation Account

    Superannuation Account means the Canadian Forces Superannuation Account referred to in section 4; (compte de pension de retraite)

    supplementary benefit

    supplementary benefit means a supplementary benefit payable under Part III; (prestation supplémentaire)

    survivor

    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). (survivant)

  • (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.

Equality of Status

Marginal note:Status of males and females

 Male and female contributors under this Act have equality of status and equal rights and obligations under this Act.

  • 1974-75-76, c. 81, s. 31.

Application to Certain Reserve Force Members

Marginal note:Regulations
  •  (1) The Governor in Council may make regulations respecting the manner in which and the extent to which any provisions of Parts I, II and III, or of any regulations made under those Parts, apply to members or former members, or classes of members or former members, of the reserve force that are prescribed in those regulations and adapting any of those provisions for the purposes of that application.

  • Marginal note:Reserve force members who were deemed re-enrolled in regular force

    (2) For greater certainty, members of the reserve force who, immediately before the coming into force of this section, were deemed to be re-enrolled in the regular force under subsection 41(2) or (3) of this Act as it read immediately before its repeal are members, or classes of members, who may be prescribed by regulations made under subsection (1).

  • Marginal note:Reserve force members who were participants under Part II

    (3) For greater certainty, members of the reserve force who, immediately before the coming into force of this section, were participants within the meaning of paragraph (b) of the definition participant in subsection 60(1) of this Act as it read immediately before its repeal are members, or classes of members, who may be prescribed by regulations made under subsection (1) for the purposes of the application and adaptation of any provisions of Part II.

  • 2003, c. 26, s. 2.

PART ISuperannuation

Eligibility for Benefits

Marginal note:Eligibility
  •  (1) Subject to this Act, an annuity or other benefit specified in this Act shall be paid to or in respect of every person who, being required to contribute to the Superannuation Account or the Canadian Forces Pension Fund in accordance with this Act, ceases to be a member of the regular force or dies, and that annuity or other benefit shall, subject to this Act, be based on the number of years of pensionable service to the credit of that person.

  • Marginal note:Superannuation Account

    (2) The Permanent Services Pension Account in the accounts of Canada, established pursuant to the former Act, is hereby continued under the name of the Canadian Forces Superannuation Account.

  • R.S., 1985, c. C-17, s. 4;
  • 1999, c. 34, s. 116.
 
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