Canadian Forces Superannuation Act (R.S.C., 1985, c. C-17)

Act current to 2016-01-25 and last amended on 2013-01-01. Previous Versions

Marginal note:Regular Force Death Benefit Account
  •  (1) There shall be an account in the accounts of Canada to be known as the Regular Force Death Benefit Account to which shall be credited the following:

    • (a) the amount of all contributions paid under section 65 by participants;

    • (b) an amount equal to the amount estimated by the President of the Treasury Board to be sufficient to cover the cost of the benefits that will become chargeable against the Account but not less than the aggregate of

      • (i) one twelfth of the benefit paid in respect of each participant who, at the time of death, was a member of the regular force or of the reserve force, for which benefit contributions under this Part were payable by the participant at that time,

      • (ii) one twelfth of the benefit paid in respect of each elective participant who, on ceasing to be a member of the regular force was entitled under Part I or under the Defence Services Pension Continuation Act, chapter D-3 of the Revised Statutes of Canada, 1970, to an immediate annuity or pension, for which benefit contributions under this Part were payable by the participant at the time of death, and

      • (iii) the amount of the single premium determined under the schedule in respect of each participant in the case of whom the basic benefit in the amount of five thousand dollars referred to in paragraph (a) of the definition “basic benefit” in subsection 60(1), or the basic benefit in the amount of five hundred dollars referred to in paragraph (b) of that definition, applies without contribution under this Part by the participant therefor; and

    • (c) an amount representing interest on the balance from time to time to the credit of the Account, calculated in such manner and at such rates and credited at such times as the regulations provide.

    • (d) and (e) [Repealed, 1992, c. 46, s. 54]

  • Marginal note:How benefits to be charged

    (2) Benefits shall be paid out of the Consolidated Revenue Fund and shall be charged against the Regular Force Death Benefit Account.

  • R.S., 1985, c. C-17, s. 68;
  • 1992, c. 46, s. 54.

General

Marginal note:Elective participants
  •  (1) There shall be issued to elective participants a document in such form as the regulations prescribe as evidence that they are participants under this Part.

  • Marginal note:Idem

    (2) An elective participant ceases to be a participant if any contribution payable by him under this Part is not paid within thirty days after the due date thereof.

  • R.S., 1985, c. C-17, s. 69;
  • 1992, c. 46, s. 55(F).

 [Repealed, 2003, c. 26, s. 31]

Marginal note:Valuation and assets reports
  •  (1) A valuation report and an assets report on the state of the Regular Force Death Benefit Account shall be prepared, filed with the Minister and laid before Parliament in accordance with the Public Pensions Reporting Act and as if the supplementary death benefit plan established by this Part were a pension plan established under an Act referred to in subsection 3(1) of that Act.

  • Marginal note:Review dates

    (2) For the purposes of subsection (1), the review date as of which an actuarial review of the Regular Force Death Benefit Account must be conducted for the purposes of the first valuation report is December 31 in the year that is four years after the day on which this subsection comes into force and, thereafter, the review dates must not be more than three years apart.

  • R.S., 1985, c. C-17, s. 71;
  • 1992, c. 46, s. 56.
Marginal note:Annual report

 The Minister shall lay before Parliament each year a report on the administration of this Part during the preceding fiscal year, including a statement showing the amounts that during such year were credited to or charged against the Regular Force Death Benefit Account.

  • R.S., c. C-9, s. 41.
Marginal note:Regulations
  •  (1) The Governor in Council may make regulations for carrying the purposes and provisions of this Part into effect and, without restricting the generality of the foregoing, may make regulations

    • (a) prescribing the times as of which the reductions referred to in the definition “basic benefit” in subsection 60(1) shall be made;

    • (b) prescribing the manner and time of payment of contributions;

    • (c) prescribing the contributions to be made by elective participants and by participants who are absent from duty and prescribing the conditions on which participants who are absent from duty may continue to be participants;

    • (d) respecting the manner and time of making elections under this Part;

    • (e) prescribing the manner and time of naming, changing or revoking beneficiaries under this Part;

    • (f) authorizing a contributor to name his estate as his beneficiary and prescribing classes of persons and organizations from which beneficiaries may be named for the purposes of this Part;

    • (g) authorizing payment, with the approval of the Minister, out of any benefit payable to the survivor, beneficiary or estate or succession of a deceased participant, of reasonable expenses incurred for the maintenance, medical care or burial of the participant;

    • (h) respecting the rates at which interest is to be credited to the Regular Force Death Benefit Account under paragraph 68(1)(c), the manner in which it shall be calculated and the times at which it shall be credited to the Account;

    • (i) specifying, for the purposes of this Part, the circumstances under which a person’s service in the regular force shall be deemed to be substantially without interruption;

    • (j) respecting the determination, for the purposes of this Part, of the effective date on which a person shall be deemed to have become or to have ceased to be a member of the regular force;

    • (k) prescribing the nature of the evidence required to establish proof of age or marital status for the purposes of this Part, the time within which that evidence shall be provided and the consequences of any failure to provide that evidence within that time; and

    • (l) [Repealed, 1999, c. 34, s. 161]

    • (m) prescribing forms for the purposes of this Part.

  • Marginal note:Application of section 36

    (2) Section 36, except subsection (1) thereof, applies, with such modifications as the circumstances require, to this Part.

  • R.S., 1985, c. C-17, s. 73;
  • 1992, c. 46, s. 57;
  • 1999, c. 34, s. 161.
 
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