Jobs and Growth Act, 2012 (S.C. 2012, c. 31)

Assented to 2012-12-14

Marginal note:1992, c. 46, s. 33; 1999, c. 34, s. 117; 2003, c. 26, s. 3

 Section 5 of the Act is replaced by the following:

Marginal note:Contribution rates — 2013 and later
  • 5. (1) A member of the regular force, except a person described in subsection (6), is required to contribute to the Canadian Forces 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 joint recommendation of the President of the Treasury Board and the Minister.

  • Marginal note:Contribution rates — 35 years of service

    (2) 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 (1) but is required to contribute, by reservation from salary or otherwise, to the Canadian Forces 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 joint recommendation of the President of the Treasury Board and the Minister.

  • Marginal note:Limitation — determination of contribution rate

    (3) In determining the contribution rates for the purposes of subsections (1) and (2), the rates must not exceed the rates paid under section 5 of the Public Service Superannuation Act by Group 1 contributors who are described in subsection 12(0.1) of that Act.

  • Marginal note:Other pensionable service

    (4) For the purpose of subsection (2), “other pensionable service” means years of service, other than service credited under a plan established in accordance with Part I.1, 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; or

    • (b) out of the Public Service Pension Fund within the meaning of the Public Service 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

    (5) 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 pay that is in excess of the annual rate of pay that is fixed by or determined in the manner prescribed by the regulations.

  • Marginal note:Exceptions

    (6) The exceptions are

    • (a) a member who, immediately before March 1, 1960, was a member of the regular force but not a contributor under Part V of the former Act and who has not elected under subsection 18(2) of the Canadian Forces Superannuation Act, chapter C-9 of the Revised Statutes of Canada, 1970, to become a contributor under this Act; and

    • (b) a person on leave of absence from employment outside the regular force who, in respect of current service continues to contribute to or under any superannuation or pension fund or plan established for the benefit of employees of the employer from whose employment the member is absent.

Marginal note:1999, c. 34, s. 118(1)

 Clause 6(a)(ii)(A) of the Act is replaced by the following:

  • (A) any period during which he or she was required by subsections 5(1) and (1.01), as they read on December 31, 2012, to contribute to the Superannuation Account or the Canadian Forces Pension Fund, and any period during which he or she is required by subsection 5(1) to contribute to the Canadian Forces Pension Fund, and

Marginal note:1999, c. 34, s. 120(1)
  •  (1) Subparagraphs 7(1)(c)(iv) and (v) of the Act are replaced by the following:

    • (iv) if that period or any portion of it was after 1999 but before January 1, 2004, in the manner and at the rates set out in subsection 5(1), as it read on December 31, 2003, in respect of that period or portion,

    • (v) if that period or any portion of it was after 2003 but before January 1, 2013, in the manner and at the rates determined under subsection 5(1.01), as it read on December 31, 2012, in respect of that period or portion, and

    • (vi) if that period or any portion of it was after 2012, in the manner set out in subsection 5(1) and at the rates determined by the Treasury Board under that subsection, in respect of that period or portion,

  • Marginal note:1999, c. 34, s. 120(1)

    (2) Subparagraphs 7(1)(d)(iv) and (v) of the Act are replaced by the following:

    • (iv) if that period or any portion of it was after 1999 but before January 1, 2004, in the manner and at the rates set out in subsection 5(1), as it read on December 31, 2003, in respect of that period or portion,

    • (v) if that period or any portion of it was after 2003 but before January 1, 2013, in the manner and at the rates determined under subsection 5(1.01), as it read on December 31, 2012, in respect of that period or portion, and

    • (vi) if that period or any portion of it was after 2012, in the manner set out in subsection 5(1) and at the rates determined by the Treasury Board under that subsection, in respect of that period or portion,

  • Marginal note:1999, c. 34, s. 120(2)

    (3) Subparagraphs 7(1)(g)(iv) and (v) of the Act are replaced by the following:

    • (iv) if that period or any portion of it was after 1999 but before January 1, 2004, in the manner and at the rates set out in subsection 5(1), as it read on December 31, 2003, in respect of that period or portion,

    • (v) if that period or any portion of it was after 2003 but before January 1, 2013, in the manner and at the rates determined under subsection 5(1.01), as it read on December 31, 2012, in respect of that period or portion, and

    • (vi) if that period or any portion of it was after 2012, in the manner set out in subsection 5(1) and at the rates determined by the Treasury Board under that subsection, in respect of that period or portion,

  • (4) Section 7 of the Act is amended by adding the following after subsection (1):

    • Marginal note:Amount to be paid

      (1.1) Despite paragraphs 7(1)(j) and (k), if a contributor has elected under clause 6(b)(ii)(J) or (K) to count as pensionable service a period of service in respect of which he or she was entitled to a transfer value and payment of that transfer value has been effected under section 22, the contributor is required to pay in respect of that period of service an amount determined in the prescribed manner.

 Subsection 9(1) of the Act is replaced by the following:

Marginal note:Manner of payment
  • 9. (1) Subject to this section, any amount required by subsection 7(1) or (1.1) to be paid by a contributor in respect of any period of service for which he or she has elected to pay shall be paid by him or her into the Superannuation Account, at his or her option,

    • (a) in a lump sum, at the time of making the election; or

    • (b) in instalments, on the terms and computed on the bases as to mortality and interest as are prescribed by the regulations.

Marginal note:1999, c. 34, s. 127

 Subsection 15(5) of the Act is replaced by the following:

  • Marginal note:Computation of average annual pay

    (5) For the purposes of subparagraphs (1)(a)(ii) and (iii), a period of service during which a person continues to be a member of the regular force and is required to make contributions under subsection 5(2), or was required to make contributions under subsection 5(2), (3) or (4) as it read on December 31, 2012, is deemed to be a period of pensionable service to his or her credit.

Marginal note:1999, c. 34, s. 142(2)

 Subsection 41(3) of the Act is replaced by the following:

  • Marginal note:Deemed re-enrolment

    (3) For the purposes of this Act, a person who, after having ceased to be required by section 5 to contribute to the Superannuation Account or the Canadian Forces Pension Fund, is enrolled in or transferred to the reserve force is on the expiry of any continuous period of full-time service in the reserve force of one year, beginning on or after January 1, 2000, deemed to have become re-enrolled in the regular force at the end of that period.

Marginal note:1999, c. 34, s. 145
  •  (1) Paragraph 49.1(2)(b) of the Act is replaced by the following:

    • (b) three members appointed from among persons required to contribute to the Canadian Forces Pension Fund who are nominated for appointment by the Chief of the Defence Staff to represent persons serving in the Canadian Forces;

  • Marginal note:1999, c. 34, s. 145

    (2) Paragraph 49.1(2)(d) of the Act is replaced by the following:

    • (d) five other members appointed by the Minister, four of whom must be from among persons required to contribute to the Canadian Forces Pension Fund and one of whom may be a person required to contribute to any other superannuation or pension account in the accounts of Canada or the Public Service Pension Fund within the meaning of the Public Service Superannuation Act or the Royal Canadian Mounted Police Pension Fund within the meaning of the Royal Canadian Mounted Police Superannuation Act.

Marginal note:2003, c. 26, s. 23

 Paragraph 50(1)(g) of the Act is replaced by the following:

  • (g) fixing an annual rate of pay for the purposes of subsection 5(5) or prescribing the manner of determining the annual rate of pay;

1992, c. 46, Sch. IConsequential Amendment to the Special Retirement Arrangements Act

Marginal note:2002, c. 17, s. 29(2)

 Paragraph 11(3)(b) of the Special Retirement Arrangements Act is replaced by the following:

 
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