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

Advisory Committee

Marginal note:Advisory committee
  •  (1) The Minister shall establish a committee, to be known as the Canadian Forces Pension Advisory Committee, the members of which are appointed by the Minister in accordance with subsection (2), to advise and assist the Minister on matters arising in connection with the operation of this Act in accordance with subsection (1.1).

  • Marginal note:Mandate

    (1.1) The mandate of the committee is to

    • (a) review matters respecting the administration, design and funding of the benefits provided under this Act and make recommendations to the Minister about those matters; and

    • (b) review any other pension-related matters that the Minister may refer to it.

  • Marginal note:Membership

    (2) The membership of the Committee shall consist of

    • (a) one member appointed from among contributors in receipt of annuities under this Act who are nominated for appointment by an association that, in the opinion of the Minister, represents such contributors;

    • (b) three members appointed from among persons required to contribute to the Canadian Forces Pension Fund who are nominated for appointment by the Chief of the Defence Staff to represent persons serving in the Canadian Forces;

    • (c) one member appointed from among persons who are enrolled in the reserve force who is nominated for appointment by the Chief of the Defence Staff to represent members of the reserve force; and

    • (d) five other members appointed by the Minister, four of whom must be from among persons required to contribute to the Canadian Forces Pension Fund and one of whom may be a person required to contribute to any other superannuation or pension account in the accounts of Canada or the Public Service Pension Fund within the meaning of the Public Service Superannuation Act or the Royal Canadian Mounted Police Pension Fund within the meaning of the Royal Canadian Mounted Police Superannuation Act.

  • Marginal note:Term

    (3) A member of the Committee shall be appointed to hold office for a term not exceeding three years and is eligible for reappointment for one or more additional terms.

  • Marginal note:Recommendation of candidates

    (3.1) The advisory committee shall recommend to the Minister candidates for appointment to the nominating committee established under section 10 of the Public Sector Pension Investment Board Act.

  • Marginal note:Chairperson

    (4) The Minister shall designate one of the members to be the chairperson of the Committee.

  • 1992, c. 46, s. 47;
  • 1999, c. 34, s. 145;
  • 2012, c. 31, s. 471.

Regulations

Marginal note:Regulations
  •  (1) The Governor in Council may make regulations

    • (a) prescribing anything that, by this Act, is to be prescribed or is to be determined or regulated by regulation;

    • (b) prescribing the circumstances in which, and the terms and conditions on which, elections may be made and options may be exercised under this Part, except section 19, and respecting the manner of and time for doing so;

    • (c) prescribing the circumstances in which, and the terms and conditions on which, elections under this Part may be revoked or amended, options under this Part revoked, and new elections or options made or exercised, and respecting the manner of and time for doing so;

    • (d) prescribing the terms and conditions on which a person who is retired from the regular force and, within sixty days after their retirement from it, again becomes a member of the regular force is deemed to have continued to be a member of the regular force despite their retirement from it;

    • (e) prescribing the extent to which and the circumstances under which any period of service of a person, whether before or after March 1, 1960, for which no pay was authorized to be paid or for which any forfeiture of pay or deduction from pay in respect of a period of suspension from duty was authorized to be made shall be counted as pensionable service for the purposes of this Act, prescribing the pay that is deemed to have been authorized to be paid to that person and to have been received by that person during that period, and prescribing, despite section 5, the contributions to be made by that person to the Superannuation Account or the Canadian Forces Pension Fund in respect of that pay;

    • (f) specifying, for the purposes of subsection 2(4), the employment as a member of the Canadian Forces that is excepted employment;

    • (g) fixing an annual rate of pay for the purposes of subsection 5(5) or prescribing the manner of determining the annual rate of pay;

    • (h) prescribing, for the purposes of subsection 9(3), the portion of the period of service that shall be counted as pensionable service for the purposes of this Act;

    • (i) respecting the manner of determining the amount of a transfer value within the meaning of section 10, the terms and conditions under which a contributor may become entitled to a transfer value and any other matters that the Governor in Council considers necessary for the purposes of carrying out section 22;

    • (j) respecting the manner in which, and the determination of the balances on which, interest is to be calculated under section 13 and respecting the rates of interest for the purposes of paragraph 13(b);

    • (k) prescribing the evidence required to satisfy the Minister that a contributor is not entitled to a disability pension described in paragraph 15(2)(b), the manner in which and the time within which that evidence shall be provided and the form of that evidence;

    • (l) respecting, for the purposes of subsection 15(4), the manner of determining pay that a contributor is deemed to have received;

    • (m) prescribing service in the regular force or in the reserve force that constitutes Canadian Forces service for the purposes of paragraph 16(1)(a);

    • (n) specifying, for the purposes of subsection 18(4), the method by which the amount of any annuity or annual allowance payable to a contributor described in subsection 18(1) shall be adjusted;

    • (o) specifying, for the purposes of subsection 21(2), the method by which the amount of any immediate annuity payable to a contributor described in subsection 21(1) shall be adjusted;

    • (p) defining, for the purposes of subsection 25(5), the expression full-time attendance at a school or university as applied to a child of a contributor;

    • (q) respecting the determination of disability for the purposes of this Part and the conditions on which an immediate annuity shall be paid or continue to be paid, including the initial assessment and subsequent periodic or other assessments of that disability;

    • (r) respecting the reduction to be made in the amount of an annuity or annual allowance when an option is exercised under subsection 25.1(1), the amount of the immediate annual allowance to be paid under subsection 25.1(2), the circumstances in which an option is deemed to have been revoked and any other matters that the Governor in Council considers necessary for the purposes of carrying out section 25.1;

    • (s) providing for the continuation in force of any outstanding direction made by the Minister or the Treasury Board under section 62 of the former Act, under the circumstances contemplated by that section and subject to modification or suspension as contemplated by that section;

    • (t) respecting the rates at which interest shall be credited to the Superannuation Account under paragraph 55(1)(b), the manner in which it shall be calculated and the time at which it shall be credited to the Account;

    • (u) respecting the additional information that is required to be included in annual reports referred to in section 57;

    • (v) providing for the payment out of the Superannuation Account or the Canadian Forces Pension Fund, on the death of a contributor and on application to the Minister by or on behalf of a person to whom any annual allowance becomes payable under this Part, of the whole or any part of the portion of the estate, legacy, succession or inheritance duties or taxes that are payable by the person that is determined in accordance with the regulations to be attributable to that allowance, and prescribing the amounts by which and the manner in which any such allowance and any amount payable in any such case under any of sections 38 to 40 shall be reduced; and

    • (w) generally, for carrying into effect the purposes and provisions of this Act.

  • Marginal note:Retroactive application of regulations

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

  • R.S., 1985, c. C-17, s. 50;
  • 1989, c. 6, s. 11;
  • 1992, c. 46, s. 48;
  • 1999, c. 34, s. 146;
  • 2003, c. 26, s. 23;
  • 2012, c. 31, s. 472.

 [Repealed, 2003, c. 26, s. 23]

 [Repealed, 2003, c. 26, s. 24]

Marginal note:Members of Parliament and Senators

 Notwithstanding anything in this Part, the Governor in Council may by regulation

  • (a) provide that the service of a former member of the House of Commons or a former Senator in respect of which he or she made contributions under the Members of Parliament Retiring Allowances Act may, to the extent and subject to the conditions that may be prescribed by the regulations, be counted by that former member or former Senator as pensionable service for the purposes of this Part; and

  • (b) provide for the transfer to the Superannuation Account or the Canadian Forces Pension Fund of amounts in the Retiring Allowances Account, within the meaning of that Act, in respect of him or her.

  • R.S., 1985, c. C-17, s. 52;
  • 1999, c. 34, s. 148.
 
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