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

Marginal note:Amounts to be paid on basis of actuarial valuation report
  •  (1) Following the laying before Parliament of any actuarial valuation report pursuant to section 56 that relates to the state of the Canadian Forces Pension Fund, there shall be paid into the Fund, at the time and in the manner set out in subsection (2), the amount that in the opinion of the President of the Treasury Board will, at the end of the fifteenth fiscal year following the tabling of that report or at the end of the shorter period that the President of the Treasury Board may determine, together with the amount that the President of the Treasury Board estimates will be to the credit of the Fund at that time, meet the cost of the benefits payable under this Part and Part III in respect of pensionable service that comes to the credit of contributors on or after April 1, 2000.

  • Marginal note:Equal annual instalments

    (2) Subject to subsection (3), the amount required to be paid into the Canadian Forces Pension Fund under subsection (1) shall be divided into equal annual instalments and the instalments shall be paid to the Canadian Forces Pension Fund over a period of fifteen years, or the shorter period that the President of the Treasury Board may determine, with the first such instalment to be paid in the fiscal year in which the actuarial valuation report is laid before Parliament.

  • Marginal note:Adjustments

    (3) When a subsequent actuarial valuation report is laid before Parliament before the end of the period applicable under subsection (2), the instalments remaining to be paid in that period may be adjusted to reflect the amount that is estimated by the President of the Treasury Board, at the time that subsequent report is laid before Parliament, to be the amount that will, together with the amount that the President of the Treasury Board estimates will be to the credit of the Fund at the end of that period, meet the cost of the benefits payable under this Part and Part III in respect of pensionable service that comes to the credit of contributors on or after April 1, 2000.

  • 1999, c. 34, s. 152.
Marginal note:No more deposits if non-permitted surplus
  •  (1) If, following the laying before Parliament of any actuarial valuation report pursuant to section 56 that relates to the state of the Canadian Forces Pension Fund, there is, in the President of the Treasury Board’s opinion, a non-permitted surplus in that Fund, no further amounts shall be deposited into the Fund under paragraph 55.2(3)(a) until the time that there is, in the President of the Treasury Board’s opinion, no longer a non-permitted surplus in the Fund.

  • Marginal note:When non-permitted surplus

    (2) If, following the laying before Parliament of any actuarial valuation report pursuant to section 56 that relates to the state of the Canadian Forces Pension Fund, there is, in the President of the Treasury Board’s opinion, a non-permitted surplus in that Fund,

    • (a) the contributions payable under section 5 may be reduced in the manner, at the times and for the period that the Treasury Board determines, on the recommendation of the President of the Treasury Board after consultation with the Minister; or

    • (b) there may be paid out of the Canadian Forces Pension Fund, and into the Consolidated Revenue Fund, the amount, at the time and in the manner, that the Treasury Board determines on the recommendation of the President of the Treasury Board after consultation with the Minister.

  • Marginal note:Recommendation of President of the Treasury Board

    (3) The President of the Treasury Board shall only make the recommendation referred to in paragraph (2)(b) after estimating, based on the report, that the amount that will be to the credit of the Canadian Forces Pension Fund at the end of the fifteenth fiscal year of that report or at the end of the shorter period that the President of the Treasury Board may determine, will not be less than the total of

    • (a) the amount that will be required in order to meet the cost of the benefits payable under this Part and Part III in respect of pensionable service that comes to the credit of contributors on or after April 1, 2000, and

    • (b) the amount of any surplus in the Canadian Forces Pension Fund that does not constitute a non-permitted surplus.

  • Marginal note:When surplus is not non-permitted surplus

    (4) If, following the laying before Parliament of an actuarial valuation report pursuant to section 56 that relates to the state of the Canadian Forces Pension Fund, there is, in the opinion of the President of the Treasury Board, a surplus that is not a non-permitted surplus in that Fund, the contributions payable under section 5 or paragraph 55.2(3)(a) may be reduced in the manner, at the times and for the period that the Treasury Board determines, on the recommendation of the President of the Treasury Board after consultation with the Minister.

  • Marginal note:Non-permitted surplus

    (5) For the purposes of this section, a non-permitted surplus exists when the amount by which assets exceed liabilities in the Canadian Forces Pension Fund, as determined by the actuarial valuation report referred to in section 56 or one requested by the President of the Treasury Board, is greater than the lesser of

    • (a) twenty per cent of the amount of liabilities in respect of contributors, as determined in that report, and

    • (b) the greater of

      • (i) twice the estimated amount, for the calendar year following the date of that report, of the total of

        • (A) the current service contributions that would be required of contributors, and

        • (B) the amounts that would be determined under paragraph 55.2(3)(a), and

      • (ii) the amount that would be determined under paragraph (a) if the reference in that paragraph to “twenty per cent” were read as a reference to “ten per cent”.

  • Marginal note:When reduction in contributions

    (6) For greater certainty, a reduction in contributions under paragraph (2)(a) or subsection (4) is not to be considered as changing the contribution rate that applied before the reduction in contributions.

  • 1999, c. 34, s. 152.
Marginal note:Costs

 The costs of the administration of this Act, as determined by the Treasury Board on the recommendation of the Minister, with respect to benefits payable under Parts I, II and III in respect of pensionable service that comes to the credit of contributors on or after April 1, 2000 shall be paid out of the Canadian Forces Pension Fund.

  • 1999, c. 34, s. 152.

Actuarial Report

Marginal note:Public Pensions Reporting Act

 In accordance with the Public Pensions Reporting Act, a cost certificate, an actuarial valuation report and an assets report on the state of each of the Superannuation Account, the Canadian Forces Superannuation Investment Fund and the Canadian Forces Pension Fund shall be prepared, filed with the Minister designated under that Act and laid before Parliament.

  • R.S., 1985, c. C-17, s. 56;
  • R.S., 1985, c. 13 (2nd Supp.), s. 11;
  • 1999, c. 34, s. 153.

Annual Report

Marginal note:Annual report

 The Minister shall cause to be laid before each House of Parliament each year a report on the administration of this Part and Part III during the preceding fiscal year, including a statement showing the amounts paid into and out of the Superannuation Account, the Canadian Forces Pension Fund, and the Canadian Forces Superannuation Investment Fund during that year, by appropriate classifications, the number of contributors and the number of persons receiving benefits under this Part and Part III together with the additional information that the Governor in Council may by regulation require.

  • R.S., 1985, c. C-17, s. 57;
  • 1992, c. 46, s. 51;
  • 1999, c. 34, s. 153.

Offence and Punishment

Marginal note:Offence

 Any person who knowingly makes any statement or gives any information that is false in any material particular for the purpose of obtaining, either for himself or for any other person, any payment under this Act is guilty of an indictable offence and liable to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding one year or to both.

  • R.S., c. C-9, s. 29.

Transitional

Marginal note:Continuation of pensions
  •  (1) A person to whom any pension has become payable under Part V of the former Act shall, for the purposes of this Act, be deemed to have become entitled to that pension under this Act.

  • Marginal note:Persons deemed to be contributors

    (2) For the purposes of this Act, a person to whom, as a contributor under Part V of the former Act, any pension has become payable under the former Act shall, on his death on or after July 8, 1959, be deemed to have been a contributor under this Act who, at the time of his death, was entitled under this Act to an annuity.

  • R.S., c. C-9, s. 30.

PART I.1Reserve Force Pension Plan

Marginal note:Regulations

 The Governor in Council may make regulations respecting the establishment, funding and administration of pension plans for members of the reserve force prescribed in those regulations to provide for the payment of benefits to or in respect of those members, including regulations respecting the crediting of service in the reserve force as pensionable service for the purposes of Part I and the transfer of amounts in respect of such service from the funds established under the regulations to the Canadian Forces Pension Fund and vice versa.

  • 1999, c. 34, s. 154;
  • 2003, c. 26, s. 41.
Marginal note:Contributions by members

 A member of the reserve force who is subject to a plan established in accordance with this Part is required to contribute, by reservation from pay or otherwise, in accordance with the regulations.

  • 1999, c. 34, s. 154;
  • 2003, c. 26, s. 41.
 
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