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

Elective Pensionable Service: Amount Required to be Paid

Marginal note:Amount to be paid
  •  (1) Subject to section 9, a contributor who is entitled under this Act to count as pensionable service any period of elective service specified in paragraph 6(b), is required to pay, in respect thereof, as follows:

    • (a) in respect of any period specified in clause 6(b)(i)(A), any amount that he would have been required to pay under Part V of the former Act had that Part continued in force;

    • (b) in respect of any period specified in clause 6(b)(i)(B), any amount that he would have been required to pay under the provisions of Part V of the former Act in force immediately before March 1, 1960;

    • (c) in respect of any period specified in clause 6(b)(ii)(A) or (B), an amount equal to the amount that he or she would have been required to contribute had he or she, during that period, been required to contribute

      • (i) if that period or any portion of it was before 1966, in the manner and at the rate set forth in subsection 5(1) as it read on December 31, 1965, in respect of that period or portion,

      • (ii) if that period or any portion of it was after 1965 but before April 1, 1969, in the manner and at the rate set forth in subsection 5(1) as it read immediately before April 1, 1969, in respect of that period or portion,

      • (iii) if that period or any portion of it was after March 31, 1969 but before January 1, 2000, in the manner and at the rates set forth in subsection 5(1), as it reads on December 31, 1999, in respect of that period or portion,

      • (iv) if that period or any portion of it was after 1999 but before January 1, 2004, in the manner and at the rates set out in subsection 5(1), as it read on December 31, 2003, in respect of that period or portion,

      • (v) if that period or any portion of it was after 2003 but before January 1, 2013, in the manner and at the rates determined under subsection 5(1.01), as it read on December 31, 2012, in respect of that period or portion, and

      • (vi) if that period or any portion of it was after 2012, in the manner set out in subsection 5(1) and at the rates determined by the Treasury Board under that subsection, in respect of that period or portion,

      in respect of pay equal to the pay authorized to be paid to him or her on the most recent occasion on which he or she became a contributor under this Act, together with interest;

    • (d) in respect of any period specified in clause 6(b)(ii)(C) or (D), an amount equal to the amount that he or she would have been required to contribute had he or she, during that period, been required to contribute

      • (i) if that period or any portion of it was before 1966, in the manner and at the rate set forth in subsection 5(1) as it read on December 31, 1965, in respect of that period or portion,

      • (ii) if that period or any portion of it was after 1965 but before April 1, 1969, in the manner and at the rate set forth in subsection 5(1) as it read immediately prior to April 1, 1969, in respect of that period or portion,

      • (iii) if that period or any portion of it was after March 31, 1969 but before January 1, 2000, in the manner and at the rates set forth in subsection 5(1) as it reads on December 31, 1999, in respect of that period or portion,

      • (iv) if that period or any portion of it was after 1999 but before January 1, 2004, in the manner and at the rates set out in subsection 5(1), as it read on December 31, 2003, in respect of that period or portion,

      • (v) if that period or any portion of it was after 2003 but before January 1, 2013, in the manner and at the rates determined under subsection 5(1.01), as it read on December 31, 2012, in respect of that period or portion, and

      • (vi) if that period or any portion of it was after 2012, in the manner set out in subsection 5(1) and at the rates determined by the Treasury Board under that subsection, in respect of that period or portion,

      in respect of pay equal to the pay authorized to be paid to him or her during that period, together with interest;

    • (e) in respect of any period specified in clause 6(b)(ii)(E), an amount equal to the amount that he would have been required to contribute had he, during that period, been required to contribute in the manner and at the rate set forth in subsection 5(1) as it read on December 31, 1965, in respect of pay on a full-time basis at the rates in effect during that period for the rank or ranks in the Canadian Forces corresponding to the rank or ranks held by him during that period, together with interest;

    • (f) in respect of any period specified in clause 6(b)(ii)(F), an amount equal to two and two-thirds times an amount determined as described in paragraph (e), together with interest;

    • (g) in respect of any period specified in clause 6(b)(ii)(G), an amount equal to the amount that he or she would have been required to contribute had he or she, during that period, been required to contribute

      • (i) if that period or any portion of it was before 1966, in the manner and at the rate set forth in subsection 5(1) as it read on December 31, 1965, in respect of that period or portion,

      • (ii) if that period or any portion of it was after 1965 but before April 1, 1969, in the manner and at the rate set forth in subsection 5(1) as it read immediately before April 1, 1969, in respect of that period or portion,

      • (iii) if that period or any portion of it was after March 31, 1969 but before January 1, 2000, in the manner and at the rates set forth in subsection 5(1), as it reads on December 31, 1999, in respect of that period or portion,

      • (iv) if that period or any portion of it was after 1999 but before January 1, 2004, in the manner and at the rates set out in subsection 5(1), as it read on December 31, 2003, in respect of that period or portion,

      • (v) if that period or any portion of it was after 2003 but before January 1, 2013, in the manner and at the rates determined under subsection 5(1.01), as it read on December 31, 2012, in respect of that period or portion, and

      • (vi) if that period or any portion of it was after 2012, in the manner set out in subsection 5(1) and at the rates determined by the Treasury Board under that subsection, in respect of that period or portion,

      in respect of pay on a full-time basis at the rates in effect during those periods for the rank or ranks in the Canadian Forces corresponding to the rank or ranks held by him or her during that period, together with interest;

    • (h) in respect of any period specified in clause 6(b)(ii)(H), an amount equal to one-fourth of an amount determined as described in paragraph (g), together with interest;

    • (i) notwithstanding anything in paragraph (c), in respect of any period described in clause 6(b)(ii)(I), such amount as is required by section 18 of the Canadian Forces Superannuation Act, chapter C-9 of the Revised Statutes of Canada, 1970, or section 42 or sections 43 to 48 of this Act to be paid by him therefor;

    • (j) notwithstanding anything in paragraphs (a) to (i), in respect of any period described in clause 6(b)(ii)(J), an amount equal to the amount of the return of contributions or other lump sum payment referred to in that clause plus the capitalized value, as of the time of the making of that payment to him, of such amounts by way of instalments of the amount required by this Act or Part V of the former Act to be paid by him in respect of that period as were payable by him before the time of the making of that payment to him and remained unpaid by him at that time, together with simple interest at four per cent per annum from that time until the time of the election;

    • (k) notwithstanding anything in this subsection, in respect of any period described in clause 6(b)(ii)(K), an amount equal to the amount that he would have been required to pay if he had elected under this Act, within the time prescribed for the making of the election, to pay for that period, and if, during that period, the rate of pay authorized to be paid to him had been equal to the rate of pay so authorized at the time when he made the election, together with interest; and

    • (l) in respect of any period specified in clause 6(b)(ii)(L), such amount as is determined in accordance with the regulations.

  • Marginal note:Definition of interest

    (2) In this section, unless otherwise specified, interest means simple interest at four per cent per annum from the middle of the fiscal year in which the contributions would have been made, had the contributor been required to make those contributions during the period for which he elected to pay, until the time of the election.

  • R.S., 1985, c. C-17, s. 7;
  • 1992, c. 46, s. 36;
  • 1999, c. 34, s. 120;
  • 2012, c. 31, s. 467.

Elections

Marginal note:Manner of making elections
  •  (1) Every election made by a contributor under this Part shall be made by him while a member of the regular force and shall be evidenced in writing, in the form prescribed by the regulations, and witnessed, and the original thereof shall be forwarded to a person designated by the Minister for the purpose, within the time prescribed by this Act for the making of the election or, in the case of an election that may be made by the contributor at any time before he ceases to be a member of the regular force, within one month from the time of the making of the election.

  • Marginal note:Void elections

    (2) An election under this Part is void in so far as it is

    • (a) an election to pay for any period of service described in any of clauses 6(b)(ii)(A) to (H) that the elector is entitled to count for the purposes of any superannuation or pension benefit of a kind specified in the regulations, otherwise than under the provisions of this Act;

    • (b) an election to pay for any period of service described in clause 6(b)(ii)(K) or (L) or an election under subsection 18(2) of the Canadian Forces Superannuation Act, chapter C-9 of the Revised Statutes of Canada, 1970, unless the elector has passed a medical examination, as prescribed by the regulations, within such time immediately before or after the making of the election as is prescribed by the regulations; or

    • (c) an election to pay for any continuous period of full-time service in the reserve force of one year by a person who became a contributor by virtue of subsection 41(3), unless the person has elected under subsection 41(4) to repay that part of the annuity or pension, as during that period, the person was entitled to receive under this Act or the former Act.

  • Marginal note:Right to elect for part of period

    (3) A contributor who is entitled under this Part to elect to pay for a period of service is entitled to elect to pay for part only of that period but only that part which is most recent in point of time.

  • Marginal note:Right to amend or revoke

    (4) An election under this Part may be amended by the elector, within the time prescribed by this Act for the making of the election, by increasing the period or periods of service for which he elects to pay, and is otherwise irrevocable except under such circumstances and on such terms and conditions, including payment by the elector to Her Majesty of such amount in respect of any benefit accruing to the elector during the subsistence of the election, as a consequence of his having so elected, as is prescribed by the regulations.

  • R.S., 1985, c. C-17, s. 8;
  • 1992, c. 46, s. 37.
 
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