Lieutenant Governors Superannuation Act (R.S.C., 1985, c. L-8)

Act current to 2014-09-01 and last amended on 2012-01-01. Previous Versions

AMENDMENTS NOT IN FORCE

  • — 2004, c. 16, s. 10

      • 10. (1) The definition “disabled” in section 2 of the Lieutenant Governors Superannuation Act is repealed.

      • (2) The definition “contributor” in section 2 of the Act is replaced by the following:

        “contributor”

        “contributor” means

        • (a) a Lieutenant Governor who is required by subsection 4(1) to contribute to the Consolidated Revenue Fund and includes

          • (i) a Lieutenant Governor who has ceased to be required to so contribute by reason of subsection 4(2), and

          • (ii) a Lieutenant Governor who has ceased to hold office as the lieutenant governor of a province and who has become entitled to an immediate pension or a deferred pension under this Act,

        • (b) a person who is required by subsection 4.1(3) to contribute to the Consolidated Revenue Fund, or

        • (c) a person who is no longer required by subsection 4.1(3) to contribute to the Consolidated Revenue Fund by reason of the expiry of the period referred to in that subsection and who has, on the expiry of that period, become entitled to an immediate pension or a deferred pension under this Act;

      • 2000, c. 12, s. 170

        (3) Subparagraph (a)(ii) of the definition “survivor” in section 2 of the Act is replaced by the following:

        • (ii) in the case of a former Lieutenant Governor, to him or her immediately before the later of the day on which he or she ceased to be a Lieutenant Governor and the day on which he or she ceased to contribute under subsection 4.1(3), or

      • 2000, c. 12, s. 170

        (4) Subparagraph (b)(ii) of the definition “survivor” in section 2 of the Act is replaced by the following:

        • (ii) in the case of a former Lieutenant Governor, with him or her immediately before the later of the day on which he or she ceased to be a Lieutenant Governor and the day on which he or she ceased to contribute under subsection 4.1(3).

  • — 2004, c. 16, s. 11

      • 11. (1) The portion of subsection 3(1) of the Act before subparagraph (a)(i) is replaced by the following:

        • Pension to Lieutenant Governor
          • 3. (1) Every contributor who has contributed under this Act for five consecutive years is, subject to this Act,

            • (a) entitled on the later of the day on which he or she ceases to hold office as the lieutenant governor of a province and the day on which he or she ceases to contribute under subsection 4.1(3),

      • (2) Subsections 3(2) to (4) of the Act are replaced by the following:

        • Amount of pension

          (2) Subject to this Act, the pension to which a contributor is entitled under this section is

          • (a) three-tenths of the average salary received by him or her during the last five years of his or her service as the lieutenant governor of a province; or

          • (b) in the case of a contributor to whom section 4.1 applies, three-tenths of the average salary on which his or her contributions under this Act were based.

        • Option deemed to be exercised

          (3) If under subsection (1) a contributor is entitled to a deferred pension or a return of contributions at his or her option and he or she fails to exercise the option within six months after the later of the day on which he or she ceases to hold office as the lieutenant governor of a province and the day on which he or she ceased to contribute under subsection 4.1(3), he or she is deemed to have exercised the option in favour of a deferred pension.

        • Return of contributions

          (4) Every contributor who, on the later of the day on which he or she ceases to hold office as the lieutenant governor of a province and the day on which he or she ceases to contribute under subsection 4.1(3), is not entitled to a pension under subsection (1) is, on that later date, entitled to a return of the total contributions made by him or her under this Part, together with interest, if any, calculated under subsection (5).

      • (3) Paragraph 3(5)(b) of the Act is replaced by the following:

        • (b) calculate interest at the rate of four per cent compounded annually on the aggregate amount in respect of each contribution year from December 31 of that year to December 31 of the year immediately preceding the later of the year in which the contributor ceased to hold office as the lieutenant governor of a province and the year in which the contributor ceased to contribute under subsection 4.1(3).

      • (4) Section 3 of the Act is amended by adding the following after subsection (5):

        • Meaning of “disabled”

          (6) In this section, “disabled” means afflicted with a permanent infirmity that renders the contributor incapable of performing the duties and functions of his or her office or incapable of pursuing regularly any substantially gainful occupation commensurate with his or her qualifications.

  • — 2004, c. 16, s. 12

    • 1991, c. 31, s. 242

      12. Subsection 4(3) of the Act is replaced by the following:

      • Income Tax Act

        (3) For the purposes of the Income Tax Act, the amount contributed under subsection (1) or 4.1(3) is deemed to be contributed to or under a registered pension plan.

  • — 2004, c. 16, s. 13

    • 13. The Act is amended by adding the following after section 4:

      • Contributor deemed to be lieutenant governor
        • 4.1 (1) A contributor who ceases to hold office as the lieutenant governor of a province by reason of having become disabled is deemed, for the purposes of this Act, to remain a lieutenant governor of a province for the period referred to in subsection (2) if

          • (a) at the time of ceasing to hold office, he or she had not contributed under this Act in respect of five years of service as the lieutenant governor of a province; and

          • (b) he or she becomes entitled to

            • (i) long-term disability insurance benefits under the terms of the Public Service Management Insurance Plan, or

            • (ii) a disability allowance under section 5 of the Salaries Act.

        • Duration of deeming

          (2) The contributor is deemed to remain a lieutenant governor of a province during the period that commences on the day on which he or she ceased to hold office by reason of having become disabled and ends on the earliest of the day

          • (a) on which he or she dies,

          • (b) on which he or she ceases to be entitled to long-term disability insurance benefits under the terms of the Public Service Management Insurance Plan unless he or she immediately becomes entitled to a disability allowance under section 5 of the Salaries Act,

          • (c) on which he or she ceases to be entitled to a disability allowance under section 5 of the Salaries Act, and

          • (d) that is five years after the day on which he or she commenced to hold office as the lieutenant governor of a province.

        • Contribution

          (3) During the period referred to in subsection (2), the contributor shall contribute to the Consolidated Revenue Fund six per cent of the salary that he or she would have been paid if he or she had remained a lieutenant governor of a province.

        • Manner of payment

          (4) The contributions that the contributor is required to make under subsection (3) are to be

          • (a) remitted directly by the contributor on a monthly, quarterly, semi-annual or annual basis if he or she becomes entitled to long-term disability insurance benefits under the Public Service Management Insurance Plan; or

          • (b) made by reservation from the disability allowance payable to him or her under section 5 of the Salaries Act.

  • — 2004, c. 16, s. 14

      • 14. (1) Subsection 5(1) of the French version of the Act is replaced by the following:

        • Choix de ne pas contribuer sous le régime de l’article 4
          • 5. (1) Un lieutenant-gouverneur peut choisir, par écrit, dans les six mois qui suivent sa nomination à la charge de lieutenant-gouverneur d’une province, de ne pas contribuer sous le régime de l’article 4 et, s’il fait ce choix, il n’est pas tenu, malgré l’article 4, de contribuer sous le régime de cet article.

      • 2000, c. 12, s. 172

        (2) Subsection 5(4) of the Act is replaced by the following:

        • Sections do not apply

          (4) Sections 3 to 4.1 do not apply to a Lieutenant Governor who has made an election under this section and sections 7 and 8 do not apply to the survivor of a Lieutenant Governor who has made an election under this section.

  • — 2004, c. 16, s. 15

    • 15. The heading before section 7 and sections 7 to 9 of the Act are replaced by the following:

      Survivors

      • Pension of survivor
        • 7. (1) If a contributor who has ceased to hold office as the lieutenant governor of a province, or who has ceased to contribute under subsection 4.1(3), but who is entitled to be paid an immediate pension or a deferred pension under section 3 dies, his or her survivor is to be paid a pension equal to one half of the immediate pension or deferred pension to which the contributor was entitled under that section.

        • Pension of survivor

          (2) If a contributor who has ceased to be required to contribute under subsection 4(1) by reason of subsection 4(2) dies while holding office as the lieutenant governor of a province, his or her survivor is to be paid a pension equal to one half of the immediate pension or deferred pension to which the contributor would have become entitled under section 3 had he or she, immediately prior to his or her death, ceased, for any reason other than death, to hold office as the lieutenant governor of the province.

        • Apportionment when two survivors

          (3) If a pension is payable under subsection (1) or (2) and there are two survivors of the contributor, the total amount of the pension is to be apportioned so that

          • (a) the survivor referred to in paragraph (a) of the definition “survivor” in section 2 receives an amount, if any, equal to the total amount less any amount determined under paragraph (b) of this subsection; and

          • (b) the survivor referred to in paragraph (b) of that definition receives an amount equal to that proportion of the total amount that the number of years that the survivor cohabited with the contributor while the contributor was a lieutenant governor of a province is of the number of years that the contributor was a lieutenant governor of a province.

        • Inclusion

          (4) For the purposes of paragraph (3)(b), the period during which a contributor contributed under subsection 4.1(3) is to be included in determining the number of years that he or she was a lieutenant governor of a province.

        • Years

          (5) In determining a number of years for the purpose of paragraph (3)(b), a part of a year is to be counted as a full year if the part is six or more months and ignored if it is less.

        • Commencement of pension to survivor

          (6) A pension that is payable under this section to a survivor of a contributor commences to be payable immediately after the death of the contributor.

      • Return of contributions to survivor
        • 8. (1) If a contributor dies while holding office as the lieutenant governor of a province or while being required to contribute under subsection 4.1(3) and his or her survivor is not entitled to a pension under section 7, his or her survivor is to be paid the total amount of the contributions made by the contributor under this Part, together with interest, if any, calculated under subsection 3(5).

        • Apportionment when two survivors

          (2) If a return of contributions is payable under subsection (1) and there are two survivors of the contributor, the total amount of the return of contributions is to be apportioned so that

          • (a) the survivor referred to in paragraph (a) of the definition “survivor” in section 2 receives an amount, if any, equal to the total amount less any amount determined under paragraph (b) of this subsection; and

          • (b) the survivor referred to in paragraph (b) of that definition receives an amount equal to that proportion of the total amount that the number of years that the survivor cohabited with the contributor while the contributor was a lieutenant governor of a province is of the number of years that the contributor was a lieutenant governor of a province.

        • Inclusion

          (3) For the purposes of paragraph (2)(b), the period during which a contributor contributed under subsection 4.1(3) is to be included in determining the number of years that he or she was a lieutenant governor of a province.

        • Years

          (4) In determining a number of years for the purpose of paragraph (2)(b), a part of a year is to be counted as a full year if the part is six or more months and ignored if it is less.

      Death Benefit

      • 9. If, on the death of a contributor, there is no survivor to whom a pension or return of contributions under this Act may be paid, or if the contributor’s survivor dies, any amount by which the total amount of the contributions made by the contributor under this Part, together with interest, if any, calculated under subsection 3(5), exceeds the total amount paid to the contributor and his or her survivor under this Part is to be paid, as a death benefit, to the contributor’s estate or succession or, if less than $1,000, as the President of the Treasury Board may direct.

  • — 2004, c. 16, s. 16

    • 16. Paragraph 11(b) of the Act is replaced by the following:

      • (b) prescribing the medical examination to be required to determine whether a contributor is disabled for the purposes of section 3; and

  • — 2004, c. 16, s. 17

    • 17. Section 13 of the Act is renumbered as subsection 13(1) and is amended by adding the following:

      • Exception

        (2) Despite subsection (1), a person to whom subsection 4.1(1) applies is required, in respect of the period referred to in subsection 4.1(2), to contribute to the Supplementary Retirement Benefits Account one per cent of the salary that he or she would have been paid during that period if the person had continued to hold office as a lieutenant governor of a province.

      • Manner of payment

        (3) The contributions that the contributor is required to make under subsection (2) are to be

        • (a) remitted directly by the contributor on a monthly, quarterly, semi-annual or annual basis if he or she becomes entitled to long-term disability insurance benefits under the Public Service Management Insurance Plan; or

        • (b) made by reservation from the disability allowance payable to him or her under section 5 of the Salaries Act.

  • — 2004, c. 16, s. 29

    • R.S., c. L-8

      29. On the later of the coming into force of subsection 5(4) of the Lieutenant Governors Superannuation Act, as enacted by subsection 14(2) of this Act, and section 174 of the Modernization of Benefits and Obligations Act, as enacted by section 18 of this Act, subsection 5(4) of the Lieutenant Governors Superannuation Act is replaced by the following:

      • Sections do not apply

        (4) Sections 3 to 4.1 do not apply to a Lieutenant Governor who has made an election under this section and sections 7 to 8.1 do not apply to the survivor of a Lieutenant Governor who has made an election under this section.