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

Act current to 2016-06-06 and last amended on 2015-09-13. Previous Versions

Superannuation

Marginal note:Scope of Part I
  •  (1) Subject to this Part, an annuity or other benefit specified in this Part shall be paid to or in respect of every person who, being required to contribute to the Superannuation Account or the Public Service Pension Fund in accordance with this Part, dies or ceases to be employed in the public service, which annuity or other benefit shall, subject to this Part, be based on the number of years of pensionable service to the credit of that person.

  • Marginal note:Superannuation Account

    (2) The Superannuation Account, established in the accounts of Canada pursuant to the Superannuation Act, is hereby continued.

  • R.S., 1985, c. P-36, s. 4;
  • 1999, c. 34, s. 54;
  • 2003, c. 22, s. 225(E).

Persons Required to Contribute

Marginal note:Persons required to contribute
  •  (1) Subsections (2) and (3) apply to persons employed in the public service, other than

    • (a) [Repealed, 1992, c. 46, s. 2]

    • (b) an employee who is engaged for a term of six months or less or a seasonal employee, unless he or she has been employed in the public service substantially without interruption for a period of more than six months;

    • (c) subject to section 5.2, a person who, immediately before July 4, 1994, was employed in the public service as a part-time employee within the meaning of this Act as it read at that time and who has been so employed substantially without interruption since that time;

    • (d) [Repealed, 2012, c. 31, s. 476]

    • (e) persons in positions, as determined by the Governor in Council with effect from July 11, 1966, in the whole or any portion of any board, commission or corporation that has its own pension plan while that pension plan is in force;

    • (f) an employee on leave of absence from employment outside the public service who, in respect of his or her current service, continues to contribute to or under any superannuation or pension fund or plan established for the benefit of employees of the person from whose employment he or she is absent;

    • (g) an employee whose compensation for the performance of the regular duties of his or her position or office consists of fees of office;

    • (h) an employee engaged locally outside Canada; or

    • (i) a sessional employee, a postmaster or assistant postmaster in a revenue post office, a person employed as a clerk of works, a member of the staff of Government House who is paid by the Governor General from his or her salary or allowance or an employee of a commission that is appointed under Part I of the Inquiries Act and added to Part I of Schedule I, unless designated by the Minister individually or as a member of a class.

    • (j) [Repealed, 1992, c. 46, s. 2]

  • (1.1) to (1.4) [Repealed, 2012, c. 31, s. 476]

  • Marginal note:Contribution rates — 2013 and later

    (2) A person is required to contribute to the Public Service Pension Fund, in respect of every portion of the period beginning on January 1, 2013, by reservation from salary or otherwise, at the contribution rates determined by the Treasury Board in respect of that portion on the recommendation of the Minister.

  • Marginal note:Contribution rates — 35 years of service

    (3) A person who has to his or her credit, on or after January 1, 2013, a period of pensionable service — or a period of pensionable service and other pensionable service — totalling at least 35 years is not required to contribute under subsection (2) but is required to contribute, by reservation from salary or otherwise, to the Public Service Pension Fund, in respect of the period beginning on the later of January 1, 2013 and the day on which the person has to his or her credit those 35 years, in addition to any other amount required under this Act, at the rates determined by the Treasury Board on the recommendation of the Minister.

  • (3.1) [Repealed, 2012, c. 31, s. 476]

  • Marginal note:Limitation — determination of contribution rates

    (4) In determining the contribution rates of Group 1 contributors described in subsection 12(0.1) and of Group 2 contributors described in subsection 12.1(1) for the purposes of subsections (2) and (3), the rates must not result in a total amount of contributions that would exceed 50% of the current service cost of Group 1 or Group 2, as the case may be, for the portion of the period in respect of the benefits payable under Parts I and III.

  • Marginal note:Other pensionable service

    (5) For the purpose of subsection (3), other pensionable service means years of service giving rise to a superannuation or pension benefit of a kind specified in the regulations that is payable

    • (a) out of the Consolidated Revenue Fund, or out of any account in the accounts of Canada other than the Superannuation Account;

    • (b) out of or under a superannuation or pension fund or plan pursuant to which contributions have been paid out of the Consolidated Revenue Fund in respect of employees engaged locally outside of Canada; or

    • (c) out of the Canadian Forces Pension Fund within the meaning of the Canadian Forces Superannuation Act or the Royal Canadian Mounted Police Pension Fund within the meaning of the Royal Canadian Mounted Police Superannuation Act.

  • Marginal note:Contributions not required

    (6) Despite anything in this Part, no person shall, in respect of any period of his or her service on or after December 15, 1994, make a contribution under this Part in respect of any portion of his or her annual rate of salary that is in excess of the annual rate of salary that is fixed by or determined in the manner prescribed by the regulations.

  • R.S., 1985, c. P-36, s. 5;
  • 1992, c. 46, s. 2;
  • 1999, c. 34, s. 55;
  • 2003, c. 22, s. 225(E);
  • 2012, c. 31, s. 476.
Marginal note:Contributions not required
  •  (1) Notwithstanding section 5, a person employed in the public service is not required to contribute to the Superannuation Account or the Public Service Pension Fund under that section if that person is engaged to work on average less than twelve hours a week or the lesser number of hours a week that may be prescribed by the regulations.

  • Marginal note:Contributions not required

    (2) Notwithstanding section 5, a person employed in the public service who was so employed on September 9, 1993 and who, on September 8, 1993, was not required to contribute to the Superannuation Account by reason of the person being a person described in paragraph 5(1)(j) of this Act, as it read on September 8, 1993, is not required to contribute to the Account or the Public Service Pension Fund under that section in respect of any period of service on or after that day.

  • Marginal note:Non-application

    (3) Subsection (2) does not apply to a person who makes an election under section 5.4.

  • 1992, c. 46, s. 3;
  • 1999, c. 34, s. 56;
  • 2003, c. 22, s. 225(E).
Marginal note:Election for part-time employees

 Every person referred to in paragraph 5(1)(c) who is engaged to work on average at least twelve hours a week or the lesser number of hours a week that may be prescribed by the regulations, may, subject to the regulations, elect to contribute to the Superannuation Account or the Public Service Pension Fund in accordance with section 5, beginning on the first day of the month following the month in which that person makes that election.

  • 1992, c. 46, s. 3;
  • 1999, c. 34, s. 57.
Marginal note:Election for leave of absence
  •  (1) Subject to subsection (3), a contributor who is or has been absent from the public service on leave of absence without pay for a period that exceeds three months may, subject to the regulations, elect not to count as pensionable service under clause 6(1)(a)(ii)(A) that portion of the period that is in excess of three months.

  • Marginal note:Contributions not required

    (2) Notwithstanding section 5, a contributor who makes an election under subsection (1) is not required to contribute to the Superannuation Account or the Public Service Pension Fund under that section in respect of the portion of the period to which the election relates.

  • Marginal note:Exception

    (3) A contributor is not entitled to make an election under subsection (1) if

    • (a) the period of leave of absence ended before the day on which that subsection comes into force; and

    • (b) the contributor has, before that day, made all of the contributions that are required to be made by the contributor to the Superannuation Account in respect of that period.

  • Marginal note:Transitional

    (4) A contributor who makes an election under subsection (1) in respect of a period of leave of absence that ended before the day on which that subsection comes into force and who has, before that day, made some but not all of the contributions that are required to be made by the contributor to the Superannuation Account in respect of that period shall, at the time the election is made, cease to be required to make any further contributions to the Superannuation Account in respect of that period and shall count as pensionable service under clause 6(1)(a)(ii)(A) such portion of that period as is prescribed by the regulations.

  • 1992, c. 46, s. 3;
  • 1999, c. 34, s. 58;
  • 2003, c. 22, s. 225(E).
 
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