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

Act current to 2017-09-27 and last amended on 2013-01-01. Previous Versions

Marginal note:Period to exercise option under former provisions
  •  (1) A contributor who ceases to be a member of the regular force before the coming into force of this section and has not exercised their option in favour of a benefit under sections 16 to 22, as those sections read immediately before that coming into force, may, in accordance with the provisions of this Act as it read immediately before that coming into force, exercise that option at any time within one year after the day on which they cease to be a member.

  • Marginal note:Failure to exercise option

    (2) If a contributor fails to exercise an option within the period set out in subsection (1), they are deemed to have exercised it in favour of a deferred annuity.

  • Marginal note:Becoming a contributor under other Acts

    (3) If a contributor becomes a contributor under the Public Service Superannuation Act or the Royal Canadian Mounted Police Superannuation Act without having exercised, or been deemed to have exercised, an option referred to in subsection (1), they are deemed to have exercised it immediately before becoming a contributor under whichever of those Acts is applicable in favour of a deferred annuity.

  • R.S., 1985, c. C-17, s. 23;
  • 2003, c. 26, s. 14.

 [Repealed, 2003, c. 26, s. 14]

Benefits Payable to Survivors, Children and Other Beneficiaries

Marginal note:Benefits payable on death of retired member
  •  (1) On the death of a contributor who, at the time of their death, was entitled under this Part to an annuity or an annual allowance, the survivor and children of the contributor are entitled to the following allowances, computed on the basis of the product obtained by multiplying the average annual pay received by the contributor during the period specified in subparagraph 15(1)(a)(ii) by the number of years of pensionable service to the contributor’s credit, one one-hundredth of the product so obtained being referred to in this section as the “basic allowance”:

    • (a) in the case of a survivor, an immediate annual allowance equal to the basic allowance; and

    • (b) in the case of each child, an immediate annual allowance equal to one-fifth of the basic allowance or, if the contributor died without leaving a survivor, the survivor is dead or the survivor is not entitled to receive an allowance under this Part, other than an immediate annual allowance under section 25.1, two-fifths of the basic allowance.

  • Marginal note:Total child allowance

    (2) The total amount of the allowances paid under paragraph (1)(b) shall not exceed four-fifths of the basic allowance or, if the contributor died without leaving a survivor, the survivor is dead or the survivor is not entitled to receive an allowance under this Part, other than an immediate annual allowance under section 25.1, eight-fifths of the basic allowance.

  • Marginal note:Apportionment of total among children

    (3) If, in computing the allowances to which the children of a contributor are entitled under subsections (1) and (2), it is determined that there are more than four children of the contributor entitled to an allowance, the total amount of the allowances shall be apportioned among the children in such shares as the Minister considers just and proper under the circumstances.

  • Marginal note:Benefits payable on death of serving member — more than two years

    (4) On the death of a contributor who has to their credit two or more years of pensionable service and was a member of the regular force at the time of death, the survivor and children of the contributor are entitled to the annual allowances to which they would have been entitled under subsections (1), (2) and (3) had the contributor, immediately before death, become entitled under this Part to an annuity or an annual allowance.

  • Definition of child

    (5) For the purposes of subsections (1) to (4), child means a child of the contributor who

    • (a) is less than eighteen years of age; or

    • (b) is eighteen or more years of age but less than twenty-five years of age, and is in full-time attendance at a school or university as defined in the regulations.

  • Marginal note:Benefits payable on death of serving member — less than two years

    (6) On the death of a contributor who has to their credit less than two years of pensionable service and was a member of the regular force at the time of death, the survivor and children of the contributor, in any case where the contributor died leaving a survivor or a child less than eighteen years of age, are entitled jointly to a death benefit equal to the greater of

    • (a) a return of contributions, and

    • (b) an amount equal to one month’s pay for each year of pensionable service to the credit of the contributor, computed on the basis of the rate of pay authorized to be paid to them at the time of their death.

  • R.S., 1985, c. C-17, s. 25;
  • 1989, c. 6, s. 7;
  • 1992, c. 46, s. 41;
  • 1999, c. 34, s. 133;
  • 2003, c. 26, s. 15.
Marginal note:Optional survivor benefit
  •  (1) If the person to whom a contributor is married or with whom the contributor is cohabiting in a relationship of a conjugal nature, having so cohabited for a period of at least one year, would not be entitled to an immediate annual allowance under any other provision of this Act in the event of the contributor’s death, the contributor may opt, in accordance with the regulations, to reduce the amount of the annuity or annual allowance to which the contributor is entitled in order that the person could become entitled to an immediate annual allowance under subsection (2).

  • Marginal note:Payment

    (2) A person referred to in subsection (1) is entitled to an immediate annual allowance in an amount determined in accordance with the option and the regulations if the contributor dies and the option is not revoked or deemed to have been revoked in accordance with the regulations, and the person was married to the contributor at the time of the contributor’s death, or was cohabiting with the contributor in a relationship of a conjugal nature for a period of at least one year immediately before the contributor’s death.

  • Marginal note:No entitlement

    (3) A person who is entitled to receive an annual allowance under section 29 after the contributor’s death is not entitled to an immediate annual allowance under subsection (2) in respect of that contributor.

  • 1992, c. 46, s. 42;
  • 1999, c. 34, s. 134;
  • 2003, c. 26, s. 15.
Marginal note:Lump sum payments

 If in this Part it is provided that the survivor and children of a contributor are entitled jointly to a death benefit under subsection 25(6), the total amount of that benefit shall be paid to the survivor of the contributor, except that

  • (a) if at the time of the death of the contributor all of the children were eighteen years of age or over and at the time the payment is to be made the survivor is dead or cannot be found, the total amount shall be paid to the children in equal shares;

  • (b) if at the time of the death of the contributor any of the children were less than eighteen years of age, and the contributor died without leaving a survivor or at the time the payment is to be made the survivor is dead or cannot be found, the total amount shall be paid to the children in the shares that the Minister considers equitable and proper under the circumstances, or to any of them, as the Minister may direct;

  • (c) if any of the children who were less than eighteen years of age at the time of the death of the contributor are living apart from the survivor of the contributor at the time the payment is to be made, the total amount shall be paid to the survivor and the children so living apart in the shares that the Minister considers equitable and proper under the circumstances, or to the survivor or any of the children so living apart, as the Minister may direct; and

  • (d) if the contributor died without leaving any children and at the time the payment is to be made the survivor of the contributor is dead or cannot be found, or if the contributor died without leaving a survivor and at the time the payment is to be made all of the children are dead or cannot be found, the total amount shall be paid

    • (i) if the contributor named his or her estate or succession as beneficiary or named another beneficiary under Part II and the beneficiary survives the contributor, to the beneficiary,

    • (ii) if the contributor is not survived by a beneficiary so named and the death of the contributor occurred while he or she was a member of the regular force, to the service estate of the contributor, and

    • (iii) in any other case, to the estate or succession of the contributor or, if less than one thousand dollars, as the Minister may direct.

  • R.S., 1985, c. C-17, s. 26;
  • 1999, c. 34, s. 135;
  • 2003, c. 26, s. 17.
Marginal note:Apportionment when two survivors
  •  (1) If there are two survivors of a contributor, the share of the total amount referred to in section 26 to be paid to the survivor referred to in paragraph (a) of the definition survivor in subsection 2(1) and the share to be paid to the survivor referred to in paragraph (b) of that definition shall be paid as the Minister may direct.

  • Marginal note:Share may be nil

    (2) Nothing in subsection (1) is to be read as limiting the Minister’s power to direct that the share of one or other of the survivors under that subsection is nil.

  • 1999, c. 34, s. 135.
 
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