Marginal note:Short title

1. This Act may be cited as the Supplementary Retirement Benefits Act.

Marginal note:Definitions

• 2. (1) In this Act,

  “Benefit Index”

  « indice de prestation »

  “Benefit Index” has the meaning assigned by subsection 4(2);

  “disabled”

  « invalide »

  “disabled” means incapable of pursuing regularly any substantially gainful occupation;

  “Minister”

  « ministre »

  “Minister” means such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Act;

  “pension”

  « pension »

  “pension” means any pension, annual allowance or annuity payable pursuant to an enactment listed or described in Schedule I;

  “Pension Index”

  « indice de pension »

  “Pension Index”, with respect to any year, means the average for that year of the Consumer Price Index for Canada, as published by Statistics Canada under the authority of the Statistics Act, for each month in the twelve month period ending on September 30 in the immediately preceding year;

  “prescribed”

  Version anglaise seulement

  “prescribed” means prescribed by regulations made under this Act;

  “recipient”

  « prestataire »

  “recipient” means a person who

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

  • (b) not having reached sixty years of age

    • (i) is in receipt of a pension and is disabled,

    • (ii) is in receipt of a pension as a person described in

      • (A) paragraph 38(1)(b) of the Members of Parliament Retiring Allowances Act, chapter M-10 of the Revised Statutes of Canada, 1970,

      • (B) paragraph 42(1)(c) or section 43.1 of the Judges Act,

      • (C) paragraph 5(1)(c) of the Diplomatic Service (Special) Superannuation Act, or

      • (D) subsection 3(1) of the Lieutenant Governors Superannuation Act, or

    • (iii) is in receipt of a pension pursuant to the Defence Services Pension Continuation Act, chapter D-3 of the Revised Statutes of Canada, 1970, or the Royal Canadian Mounted Police Pension Continuation Act, chapter R-10 of the Revised Statutes of Canada, 1970, as a result of having been compulsorily retired from the regular force or the Force by reason of any mental or physical condition rendering the person unfit to perform duties as a member of the regular force or the Force, as the case may be,

    • (iv) [Repealed, 1992, c. 46, s. 98]

  • (c) 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

  • (d) is in receipt of a pension by virtue of being a survivor or child;

  “Supplementary Retirement Benefits Account”

  « compte de prestations de retraite supplémentaires »

  “Supplementary Retirement Benefits Account” means the Account established pursuant to subsection 8(1);

  “survivor”

  « survivant »

  “survivor” means a survivor or a surviving spouse within the meaning of the relevant enactment that is listed or described in Schedule I.

• Marginal note:Calculation of amount of pension payable

  (2) For the purposes of this Act, the amount of the pension payable to a recipient

  • (a) under the Civil Service Superannuation Act, chapter 50 of the Revised Statutes of Canada, 1952, is the amount of the pension payable in respect of service in the Civil Service to the credit of the person to or in respect of whom the pension is payable under that Act, and

  • (b) [Repealed, 1992, c. 46, s. 98]

  • (c) under any other enactment listed or described in Schedule I, is the amount of the pension payable under that enactment,

  as increased by the Public Service Pension Adjustment Act, chapter P-33 of the Revised Statutes of Canada, 1970.

• Marginal note:Meaning of expression “pension based on not less than” specified number of years of pensionable service

  (3) For the purposes of paragraph (c) of the definition “recipient” in subsection (1), the expression “pension based on not less than” a specified number of years of pensionable service means

  • (a) a pension under the Defence Services Pension Continuation Act, chapter D-3 of the Revised Statutes of Canada, 1970, or the Royal Canadian Mounted Police Pension Continuation Act, chapter R-10 of the Revised Statutes of Canada, 1970, based on not less than that number of years of “service”, as defined in the Defence Services Pension Continuation Act or the Royal Canadian Mounted Police Pension Continuation Act, as the case may be; or

  • (b) a pension under the Diplomatic Service (Special) Superannuation Act, based on not less than that number of years of service as a “Public Official”, as defined in that Act.

  • (c) to (e) [Repealed, 1992, c. 46, s. 98]