Public Service Superannuation Regulations (C.R.C., c. 1358)

Regulations are current to 2016-09-18 and last amended on 2016-06-23. Previous Versions

 For the purposes of subsections 12(4) and 12.1(5) of the Act, if the pensionable service of a contributor includes any periods of part-time service, the amount of the basic allowance shall be adjusted, in respect of each of those periods, in the same manner as the amount of the contributor’s annuity is adjusted under paragraphs 30.3(1)(b) and (c).

  • SOR/2016-203, s. 20.

Entitlement after Reciprocal Transfer

 Notwithstanding any provision of the Act, where, after a payment has been made to an approved employer in respect of a contributor pursuant to an agreement entered into pursuant to subsection 40(2) of the Act, there remains pensionable service to the credit of the contributor, the contributor

  • (a) is not entitled to an annuity or annual allowance in respect of that service unless the contributor again becomes entitled to count that service as pensionable service under the Act; and

  • (b) is entitled to a return of contributions in respect of that service.

  • SOR/96-18, s. 4.

Calculation of Amounts Under Subsections 40.2(7) or (8) of the Act

 For the purposes of subsection 40.2(7) of the Act, the following amounts, as applicable, are deemed to be paid to the employer pursuant to subsection 40.2(3) of the Act:

  • (a) any amount by which an amount under subsection 15.1(1) of the Retirement Compensation Arrangements Regulations, No. 1 exceeds a lump sum amount that would be calculated under subsection 15.1(2) of those Regulations;

  • (b) any amount by which an amount under subsection 38.4(1) of those Regulations exceeds a lump sum amount that would be calculated under paragraph 38.4(2)(a) of those Regulations; and

  • (c) any amount under section 41.6 of those Regulations.

  • SOR/2003-233, s. 1.

 For the purposes of subsection 40.2(8) of the Act, the following amounts, as applicable, are deemed to be paid to the employer pursuant to subsection 40.2(3) of the Act:

  • SOR/2003-233, s. 1.

 [Repealed, SOR/2016-203, s. 21]

Limit on Survivors’ Benefits

  •  (1) The monthly amount payable to a survivor or child of a deceased contributor under section 12, 12.1, 13 or 13.001 of the Act in respect of a period of pensionable service occurring after December 31, 1991 shall be reduced so that the aggregate of that amount and the benefits payable under Part III of the Act in respect of that amount does not exceed the maximum monthly amount of retirement benefits that may be paid to the beneficiary of a member, determined under paragraphs 8503(2)(d) to (f) of the Income Tax Regulations, as those paragraphs read on January 15, 1992.

  • (2) The aggregate of all monthly amounts payable to the survivor and children of a deceased contributor under section 12, 12.1, 13 or 13.001 of the Act in respect of a period of pensionable service occurring after December 31, 1991 shall be reduced so that the total of those amounts and the benefits payable under Part III of the Act in respect of those amounts does not exceed the maximum aggregate monthly amount of retirement benefits that may be paid to the beneficiaries of a member, determined under paragraph 8503(2)(d) or (e) of the Income Tax Regulations as those paragraphs read on January 15, 1992.

  • (3) The limits set out in subsection (1) and (2) apply to the monthly amounts payable in respect of a contributor who is required to contribute to the Superannuation Account or the Public Service Pension Fund on or after December 15, 1994 and who dies on or after November 20, 1997, being the date of the coming into force of paragraph 41.1(1)(a) of the Retirement Compensation Arrangement Regulations, No. 1.

  • SOR/96-18, s. 4;
  • SOR/97-490, s. 3;
  • SOR/2002-74, s. 1;
  • SOR/2016-203, s. 22.
  •  (1) For the purposes of determining the amount of any minimum benefit payable under section 27 of the Act, all amounts paid to a contributor or to a survivor or child of a contributor under paragraph 41.1(1)(a) or (c) of the Retirement Compensation Arrangements Regulations, No. 1 are considered to have been paid pursuant to Part I of the Act.

  • (2) No minimum benefit shall be paid under section 27 of the Act on the death of a contributor, if a benefit is payable to a survivor or child pursuant to section 19 of the Retirement Compensation Arrangements Regulations, No. 1.

  • (3) If the survivor and child referred to in section 19 of the Retirement Compensation Arrangements Regulations, No. 1 die or cease to be entitled to the benefit referred to in that section, the portion of that benefit that was paid in respect of pensionable service of the contributor under Part I of the Act shall be considered to have been paid pursuant to Part I of the Act for the purposes of determining the amount of any minimum benefit payable under section 27 of the Act.

  • SOR/97-490, s. 3;
  • SOR/2002-74, s. 2.
  •  (1) Notwithstanding subsection 27(2) of the Act, the amount payable under that subsection shall not exceed the largest of the amounts described in paragraphs 8503(2)(i), (j) and (n) of the Income Tax Regulations.

  • (2) The limit set out in subsection (1) applies in respect of a contributor who is required to contribute to the Superannuation Account or the Public Service Pension Fund on or after December 15, 1994 and who dies on or after November 20, 1997, being the date of the coming into force of paragraph 41.1(1)(b) of the Retirement Compensation Arrangement Regulations, No. 1.

  • SOR/97-490, s. 3;
  • SOR/2002-74, s. 3.

Payments Otherwise Than by Monthly Instalments

 Where a contributor or a recipient requests that an annuity or annual allowance be paid otherwise than in equal monthly instalments, or where the payment of an annuity or annual allowance in equal monthly instalments is not practicable for administrative reasons, the Minister may direct, if such direction does not result in the payment of an aggregate amount greater than the aggregate amount of equal monthly instalments otherwise payable in accordance with subsection 9(2) of the Act, that the annuity or annual allowance be paid in arrears.

  • (a) in equal instalments quarterly or semi-annually; or

  • (b) annually.

  • SOR/85-628, s. 3.

Increase in Annuity Related to Amounts Payable under Canada Pension Plan or Provincial Pension Plan

  •  (1) For the purposes of subsection 10(4) of the Act, the amount of any retirement or disability pension to which a person described in that subsection is entitled under the Canada Pension Plan or a provincial pension plan is the pension that they would have received if the salary received or deemed to have been received by them during their pensionable service under the Act had been the total amount of their income from pensionable employment as defined in the Canada Pension Plan and if the Canada Pension Plan had applied to them during such pensionable service.

  • (2) Every application made pursuant to subsection 10(4) of the Act shall be in Form D set out in Schedule VI.

  • (3) Where the amount of an annuity payable to a contributor is increased in accordance with subsection 10(4) of the Act, the increase shall be effective from the day on which the amount of the annuity payable to that contributor under the Act is reduced, pursuant to subsection 10(2) of the Act.

  • SOR/2016-203, ss. 42(E), 43(E), 45(E).

Benefits Capitalized

  •  (1) For the purposes of subsection 10(4) of the Act, the capitalized value of an annuity or annual allowance and the supplementary benefits payable in respect thereof under Part III of the Act shall be the actuarial present value of such benefits determined as of the date the request is made based on the following actuarial assumptions:

    • (a) the rate of mortality for any contributor is the average of the rates of mortality for contributors who receive benefits in relation to a disability and contributors who receive benefits not in relation to a disability, of the same age group as the contributor, as set out in the actuarial valuation report laid before Parliament in accordance with section 45 of the Act, taking into account the mortality projection factors set out in that report, which average is weighted in accordance with the benefits paid to contributors in relation to a disability and to contributors other than in relation to a disability;

    • (b) the mortality rates in respect of survivors are those set out for spouses in the actuarial valuation report laid before Parliament in accordance with section 45 of the Act, taking into account the mortality projection factors set out in that report; and

    • (c) the interest rates shall be the interest rates for fully indexed pensions — adjusted by the interest rates for unindexed pensions to take into account Part III of the Act — determined in accordance with the section “Pension Commuted Values” of the Standards of Practice — Practice-Specific Standards for Pension Plans, published by the Canadian Institute of Actuaries, as amended from time to time.

  • (2) The actuarial valuation report referred to in subsection (1) is the actuarial valuation report most recently laid before Parliament or, where that report was laid before Parliament in the month in which the request is made, or in the preceding month, the report that was laid before Parliament immediately previous to that report.

  • SOR/93-450, s. 11(F);
  • SOR/97-490, s. 4;
  • SOR/2007-29, s. 1;
  • SOR/2016-203, s. 41.
 
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