Public Service Superannuation Act (R.S.C., 1985, c. P-36)

Act current to 2018-07-05 and last amended on 2018-03-12. Previous Versions

Public Service Superannuation Act

R.S.C., 1985, c. P-36

An Act to provide for the superannuation of persons employed in the public service

Short Title

Marginal note:Short title

 This Act may be cited as the Public Service Superannuation Act.

  • R.S., c. P-36, s. 1.

Equality of Status

Marginal note:Status of males and females

 Male and female contributors under this Act have equality of status and equal rights and obligations under this Act.

  • 1974-75-76, c. 81, s. 2.

PART ISuperannuation

Interpretation

Marginal note:Definitions
  •  (1) In this Part,

    active service in the forces

    active service in the forces means any service in the forces of a kind designated in the regulations to be active service, which service is deemed for the purposes of this Part to have terminated on discharge or, in the case of a person who underwent treatment in a veterans’ hospital, as defined in the regulations, immediately following his discharge, on that person’s release from hospital; (activité de service dans les forces)

    child

    child means a child or stepchild of — or an individual adopted either legally or in fact by — a contributor who at the time of the contributor’s death was dependent on the contributor for support; (enfant)

    contributor

    contributor means a person required by section 5 to contribute to the Public Service Pension Fund, and, unless the context otherwise requires,

    • (a) a person who has ceased to be required by this Act to contribute to the Superannuation Account or the Public Service Pension Fund, and

    • (b) for the purposes of sections 25, 27 and 28, a contributor under Part I of the Superannuation Act who has been granted an annual allowance under that Act or has died; (contributeur)

    disabled

    disabled means incapable of pursuing regularly any substantially gainful occupation; (invalide)

    Force

    Force means the Royal Canadian Mounted Police; (Gendarmerie)

    forces

    forces, except in the definition “regular force”, means the naval, army or air forces of His Majesty or of any of the Allies of His Majesty during World War I or World War II; (forces)

    Minister

    Minister means the President of the Treasury Board; (ministre)

    misconduct

    misconduct[Repealed, 1999, c. 34, s. 53]

    pensionable employment

    pensionable employment means any employment in respect of which there was an established superannuation or pension fund or plan, approved by the Minister for the purposes of this Part, for the benefit of persons engaged in that employment; (emploi ouvrant droit à pension)

    period in pensionable employment

    period in pensionable employment means any period of service to the credit of the employee in the fund or plan referred to in the definition “pensionable employment” at the time he left the employment therein referred to; (période d’emploi ouvrant droit à pension)

    provincial pension plan

    provincial pension plan has the same meaning as in the Canada Pension Plan; (régime provincial de pensions)

    public service

    public service means the several positions in or under any department or portion of the executive government of Canada, except those portions of departments or portions of the executive government of Canada prescribed by the regulations and, for the purposes of this Part, of the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service and office of the Parliamentary Budget Officer and any board, commission, corporation or portion of the federal public administration specified in Schedule I; (fonction publique)

    Public Service Pension Fund

    Public Service Pension Fund means the fund established under section 44.2; (Caisse de retraite de la fonction publique)

    Public Service Superannuation Investment Fund

    Public Service Superannuation Investment Fund means the fund established under section 44.1; (Fonds de placement du compte de pension de retraite de la fonction publique)

    regular force

    regular force means the regular force of the Canadian Forces and includes

    • (a) the forces known before February 1, 1968 as the regular forces of the Canadian Forces, and

    • (b) the forces known before February 1, 1968 as the Royal Canadian Navy, the Canadian Army Active Force, the Permanent Active Militia, the Permanent Militia Corps, the permanent staff of the Militia, the Royal Canadian Air Force (Regular) and the Permanent Active Air Force; (force régulière)

    Retirement Fund

    Retirement Fund means the Retirement Fund established under Part II of the Civil Service Superannuation and Retirement Act; (Fonds de retraite)

    salary

    salary means

    • (a) as applied to the public service, the basic pay received by the person in respect of whom the expression is being applied for the performance of the regular duties of a position or office exclusive of any amount received as allowances, special remuneration, payment for overtime or other compensation or as a gratuity unless that amount is deemed to be or to have been included in that person’s basic pay pursuant to any regulation made under paragraph 42(1)(e), and

    • (b) as applied to the regular force or the Force, the pay or pay and allowances, as the case may be, applicable in the case of that person as determined under the Canadian Forces Superannuation Act or the Royal Canadian Mounted Police Superannuation Act; (traitement)

    Superannuation Act

    Superannuation Act means the Civil Service Superannuation Act, chapter 50 of the Revised Statutes of Canada, 1952; (Loi sur la pension de retraite)

    supplementary benefit

    supplementary benefit means a supplementary benefit payable under Part III; (prestation supplémentaire)

    survivor

    survivor, in relation to a contributor, means

    • (a) a person who was married to the contributor at the time of the contributor’s death, or

    • (b) a person referred to in subsection 25(4); (survivant)

    World War I

    World War I means the war that was declared on August 4, 1914 and that is deemed, for the purposes of this Part, to have terminated on December 31, 1920; (Première Guerre mondiale)

    World War II

    World War II means the war that was declared on September 10, 1939 and that is deemed, for the purposes of this Part, to have terminated on September 30, 1947. (Seconde Guerre mondiale)

  • Marginal note:Persons deemed employed in Senate or House of Commons

    (2) For the purposes of the definition public service in subsection (1),

    • (a) employees of a member of the Senate or House of Commons, and

    • (b) any other category of employees prescribed by regulation made by the Governor in Council under paragraph 42(1)(vv)

    whose salaries were or are paid out of moneys appropriated by Parliament for use by the Senate or House of Commons shall be deemed to have been or to be employed in the Senate or House of Commons, in respect of periods of service in a category described in paragraph (a) or (b) preceding as well as following June 29, 1984.

  • Marginal note:References to other Acts

    (3) A reference in this Part to the Canadian Forces Superannuation Act or the Royal Canadian Mounted Police Superannuation Act shall be construed as including a reference to any other enactment of Parliament in force either before or after July 14, 1960 providing for the payment of pensions to members of the regular force or members of the Force, as the case may be, based on length of service.

  • Marginal note:When specified age deemed to be reached

    (4) For the purposes of paragraph 8(2)(e), a person is deemed to have reached the age of eighteen years at the beginning of the month following the month in which the person actually reached that age and, for the purposes of paragraph 11(2)(a), a person is deemed to have reached the age of sixty-five years at the beginning of the month following the month in which the person actually reached that age.

  • Marginal note:Persons deemed employed on full-time basis

    (5) For the purposes of this Act, a person who, immediately before the coming into force of this subsection, is employed in the public service on a full-time basis within the meaning of this Act as it reads at that time is, until such time as that person ceases to be so employed, deemed to be employed in the public service on a full-time basis.

  • R.S., 1985, c. P-36, s. 3;
  • 1992, c. 46, s. 1;
  • 1996, c. 18, s. 21;
  • 1999, c. 34, s. 53;
  • 2003, c. 22, s. 210(E), 225(E);
  • 2004, c. 7, ss. 36, 41(E);
  • 2006, c. 4, s. 204, c. 9, s. 33;
  • 2012, c. 31, s. 475;
  • 2015, c. 36, s. 137;
  • 2017, c. 20, s. 172.
 
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