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:Regulations
  •  (1) The Governor in Council may make regulations for carrying the purposes and provisions of this Part into effect and, without restricting the generality of the foregoing, may make regulations

    • (a) prescribing the times as of which the reductions referred to in the definition basic benefit in subsection 60(1) shall be made;

    • (b) prescribing the manner and time of payment of contributions;

    • (c) prescribing the contributions to be made by elective participants and by participants who are absent from duty and prescribing the conditions on which participants who are absent from duty may continue to be participants;

    • (d) respecting the manner and time of making elections under this Part;

    • (e) prescribing the manner and time of naming, changing or revoking beneficiaries under this Part;

    • (f) authorizing a contributor to name his estate as his beneficiary and prescribing classes of persons and organizations from which beneficiaries may be named for the purposes of this Part;

    • (g) authorizing payment, with the approval of the Minister, out of any benefit payable to the survivor, beneficiary or estate or succession of a deceased participant, of reasonable expenses incurred for the maintenance, medical care or burial of the participant;

    • (h) respecting the rates at which interest is to be credited to the Regular Force Death Benefit Account under paragraph 68(1)(c), the manner in which it shall be calculated and the times at which it shall be credited to the Account;

    • (i) specifying, for the purposes of this Part, the circumstances under which a person’s service in the regular force shall be deemed to be substantially without interruption;

    • (j) respecting the determination, for the purposes of this Part, of the effective date on which a person shall be deemed to have become or to have ceased to be a member of the regular force;

    • (k) prescribing the nature of the evidence required to establish proof of age or marital status for the purposes of this Part, the time within which that evidence shall be provided and the consequences of any failure to provide that evidence within that time; and

    • (l) [Repealed, 1999, c. 34, s. 161]

    • (m) prescribing forms for the purposes of this Part.

  • Marginal note:Application of section 36

    (2) Section 36, except subsection (1) thereof, applies, with such modifications as the circumstances require, to this Part.

  • R.S., 1985, c. C-17, s. 73;
  • 1992, c. 46, s. 57;
  • 1999, c. 34, s. 161.

PART IIISupplementary Benefits

Marginal note:Definitions

 In this Part,

contributor

contributor[Repealed, 1999, c. 34, s. 162]

pay

solde

pay, with reference to a contributor to whom the Defence Services Pension Continuation Act, chapter D-3 of the Revised Statutes of Canada, 1970, applies, has the same meaning as in subsection 37(1) of that Act; (solde)

pension

pension

pension means any pension, annual allowance or annuity payable under Part I; (pension)

recipient

prestataire

recipient means

  • (a) a person who is in receipt of a pension and who has reached sixty years of age,

  • (b) a person who is in receipt of a pension and who, not having reached sixty years of age, is disabled,

  • (c) [Repealed, 2003, c. 26, s. 33]

  • (d) a person who, not having reached sixty years of age, is in receipt of a pension based on not less than

    • (i) twenty-six years of pensionable service, in the case of a person who has reached fifty-nine years of age but has not reached sixty years of age,

    • (ii) twenty-seven years of pensionable service, in the case of a person who has reached fifty-eight years of age but has not reached fifty-nine years of age,

    • (iii) twenty-eight years of pensionable service, in the case of a person who has reached fifty-seven years of age but has not reached fifty-eight years of age,

    • (iv) twenty-nine years of pensionable service, in the case of a person who has reached fifty-six years of age but has not reached fifty-seven years of age, or

    • (v) thirty years of pensionable service, in the case of a person who has reached fifty-five years of age but has not reached fifty-six years of age, or

  • (e) a person who is in receipt of the pension by reason of being a survivor or a child. (prestataire)

  • R.S., 1985, c. C-17, s. 74;
  • 1992, c. 46, s. 58;
  • 1999, c. 34, s. 162;
  • 2003, c. 26, s. 33.

 [Repealed, 1999, c. 34, s. 163]

Marginal note:Contributions for elective service
  •  (1) A contributor who elects, pursuant to section 6, 42 or 43, to count as pensionable service any period of elective service specified in those sections, or any portion of that service, that is after March 31, 1970 but before January 1, 2000 is required to contribute to the Superannuation Account or the Canadian Forces Pension Fund in respect of it, in addition to any other amount required under this Act, an amount calculated in the manner and in respect of the pay described in those sections

    • (a) in the case of any period of elective service or portion of such a period that is after March 31, 1970 and before January 1, 1977, at the rate of one-half of one per cent of the contributor’s pay; and

    • (b) in the case of any period of elective service or portion of such a period that is after December 31, 1976 and before January 1, 2000 at the rate of one per cent of the contributor’s pay.

  • Marginal note:Manner of payment

    (2) Subsections 9(1), (2) and (4) apply, with such modifications as the circumstances require, in respect of amounts required to be paid under subsection (1).

  • R.S., 1985, c. C-17, s. 76;
  • 1992, c. 46, s. 58;
  • 1999, c. 34, s. 164.
Marginal note:Benefit payable

 Subject to this Part, a supplementary benefit is payable to every recipient.

  • R.S., 1985, c. C-17, s. 77;
  • 1992, c. 46, s. 58.
Marginal note:Calculation of benefit
  •  (1) The supplementary benefit payable to a recipient for a month in any year shall be calculated with reference to the retirement year of the recipient and shall be equal to the amount of the supplementary retirement benefit that would be payable with respect to the recipient’s pension under section 4 of the Supplementary Retirement Benefits Act if that Act applied to the recipient.

  • Marginal note:Exception for first year benefits received

    (2) The supplementary benefit payable to a recipient for a month in the year immediately following the recipient’s retirement year is equal to the product obtained by multiplying

    • (a) the amount of the supplementary benefit that would, but for this section, be payable to the recipient for that month

    by

    • (b) the ratio that the number of complete months that remained in the retirement year after the retirement month bears to twelve.

  • Marginal note:Determination of retirement year or month

    (3) For the purposes of this section,

    • (a) the retirement year or retirement month of a person to or in respect of whom or in respect of whose service a pension is payable, other than a person referred to in paragraph (b), is the year or month, as the case may be, in which, for the purposes of this Act, that person most recently ceased to be a member of the regular force; and

    • (b) the retirement year or retirement month of a person who is in receipt of a pension by reason of being a survivor or a child, is the retirement year or retirement month, as the case may be, of the person in respect of whom or in respect of whose service the pension is payable.

  • Marginal note:No decrease in amount of supplementary benefit

    (4) Notwithstanding subsection (1) but subject to section 79, the aggregate of the amount of the supplementary benefit and the pension that may be paid to a recipient for a month in any year shall not be less than the aggregate of the amount of the supplementary benefit and the pension that was or may be paid to that recipient for any month in the year next before that year.

  • Marginal note:Minimum guaranteed amount

    (5) Despite subsections (1), (2) and (4) but subject to section 79, the amount of the supplementary benefit that may be paid for a month in any year to a recipient shall not be less than an amount equal to the difference obtained by subtracting the amount of the pension that may be paid to the recipient for that month in that year from the aggregate of the supplementary benefit and the maximum pension that would have been payable to that recipient for that month in that year, otherwise than pursuant to this section, if the retirement month of the retirement year of the recipient had been that month in such year as is determined by

    • (a) the Governor in Council, in the case of a person to or in respect of whom the pension is payable on ceasing to hold an office to which the person was appointed by the Governor in Council; or

    • (b) the Treasury Board, in the case of a person other than a person described in paragraph (a).

  • R.S., 1985, c. C-17, s. 78;
  • 1992, c. 46, s. 58;
  • 1999, c. 34, s. 165;
  • 2003, c. 26, s. 35.
 
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