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

Regulations are current to 2016-04-12 and last amended on 2010-08-03. Previous Versions

Recovery of Allowances Paid in Error

  •  (1) Where an amount has been paid in error under the Act to any person on account of any annuity or annual allowance, the Minister shall forthwith demand payment from that person of an amount equal to the amount paid in error.

  • (2) A person from whom payment of an amount has been demanded by the Minister pursuant to subsection (1) shall, within 30 days from the day on which the demand is made

    • (a) pay that amount to the Minister in one lump sum, or

    • (b) arrange to pay the amount to the Minister in monthly instalments to be deducted from his annuity or annual allowance for the lesser of

      • (i) the life of that person, or

      • (ii) the period required to pay the amount in monthly instalments equal to 10 per cent of the gross monthly amount of any annuity or annual allowance payable to that person under the Act,

    as that person may elect, calculated as of the date of his election, in accordance with Canadian Life Table No. 2 (1941), Males or Females, as the case may be.

  • (3) Where a person referred to in subsection (2) does not elect within 30 days from the day on which the demand for payment is made, he shall be deemed to have chosen the method of payment specified in paragraph (b) of that subsection.

  • (4) Any person in respect of whom deductions are made under this section may, at any time

    • (a) pay the amount then owing in one lump sum; or

    • (b) arrange to pay the amount then owing

      • (i) by larger monthly instalments on a basis similar to that described in paragraph (2)(b), or

      • (ii) by a lump sum payment and monthly instalments on a basis similar to that described in paragraph (2)(b) and payable within the same or a lesser period than that originally used.

  • (5) Where, pursuant to this section, deductions are to be made from the gross monthly amount of an annuity or annual allowance, the first deduction therefrom shall be made in the month following the month in which the 30-day period prescribed in subsection (2) expires, and succeeding deductions shall be made monthly thereafter in equal amounts during the life of the person to whom the annuity or annual allowance is payable or until the amount demanded by the Minister pursuant to subsection (1) has been paid, except with respect to the last instalment which may be less in amount than the preceding instalments.

  • (6) Notwithstanding subsection (2), where the monthly deductions referred to therein would, in the opinion of the Minister, cause financial hardship to the person to whom the annuity or annual allowance is payable, the Minister may direct that lesser monthly deductions be made but such deductions shall not in any case be less than five per cent of the gross monthly amount of annuity or annual allowance, or $1, whichever is the greater.

  • (7) Notwithstanding subsection (5), where the Minister directs, pursuant to subsection (6), that lesser monthly deductions be made, such deductions shall be continued until the amount then owing is paid in full and if the person in respect of whom the deductions are made dies before the amount is paid in full, the balance remaining unpaid shall, if the Minister so directs, be recovered from any further benefits payable under the Act in respect of that person.

  • (8) The provisions of subsections 5(9) and (10) apply to this section.

  •  (1) Where, under the Act, an amount has been paid in error to a person in respect of a supplementary benefit, the Minister shall immediately demand payment from that person of that amount.

  • (2) If a person from whom payment of an amount has been demanded pursuant to subsection (1) has not paid the amount within 30 days after the day on which the demand is made, the Minister may deduct the amount from the person’s annuity, annual allowance or supplementary benefit, in approximately equal monthly instalments each of which is equal to two per cent of the gross monthly amount of the annuity or annual allowance, as the case may be.

  • (3) A person in respect of whom deductions are made under subsection (2) may, at any time,

    • (a) pay the amount then owing in one lump sum;

    • (b) arrange to have the amount of the monthly instalments increased; or

    • (c) make a partial payment and arrange to have the remaining amount owing deducted in approximately equal monthly instalments, over a period equal to or less than the period over which instalments would otherwise be payable under that subsection.

  • (4) Where deductions are to be made pursuant to this section, the first deduction shall be made in the month following the month in which the 30 day period referred to in subsection (2) ends, and further deductions shall be made in each month thereafter until the amount owing has been paid in full.

  • (5) Subsections 5(9) and (10) apply in respect of a demand by the Minister or an amount payable under this section.

  • SOR/93-450, s. 2.

Deductions

  •  (1) Where the surviving spouse of a contributor has received an amount set out in subsection 25(2) of the Act, as that provision read prior to June 29, 1989, the Minister shall, in accordance with subsections (2) and (4), deduct an equivalent amount from the surviving spouse’s annual allowance payments made pursuant to section 34 of the Statute Law (Superannuation) Amendment Act.

  • (2) The deductions taken pursuant to subsection (1)

    • (a) shall be equal to 10 per cent of the gross amount of the annual allowance payable to the surviving spouse, except that the last deduction taken may be less than the preceding deductions;

    • (b) shall be taken from each payment, commencing on the date on which this section comes into force; and

    • (c) shall end on the date of the earlier of the following occurrences, namely,

      • (i) the death of the surviving spouse, and

      • (ii) the full repayment of the amount referred to in subsection (1).

  • (3) A surviving spouse from whose annual allowance deductions are taken pursuant to this section may, at any time, repay the amount referred to in subsection (1) by making

    • (a) a lump sum payment;

    • (b) monthly payments in an amount greater than 10 per cent of the gross monthly amount of the person’s annual allowance; or

    • (c) both a lump sum payment and monthly payments paid over a period equal to or less than that originally scheduled.

  • (4) Where deductions taken in the manner set out in subsection (2) would cause financial hardship to the surviving spouse, the Minister may reduce the deductions taken but such deductions shall not in any case be less than five per cent of the gross monthly amount of the annual allowance, or $1, whichever is greater.

  • SOR/91-703, s. 1.

Part-time Employment

 For the purposes of sections 5.1 and 5.2 and paragraph 8(2)(b.1) of the Act, of the definitions full-time and part-time employee in subsection 3(2) and of subsection 3(3) and sections 6.6, 6.7 and 30.1 to 30.3, the average number of hours per week for which a part-time employee is engaged to work is

  • (a) where the employee is engaged to work the same number of hours each week in one or more positions, the total of those hours; and

  • (b) where the employee is not engaged to work the same number of hours each week,

    • (i) where the employee works according to a regular work cycle with scheduled hours of work, the total number of the scheduled hours of work during a work cycle divided by the number of weeks in the cycle, and

    • (ii) in any other case, the total number of the scheduled hours of work during a three-month period divided by the number of weeks in the period.

  • SOR/94-483, s. 2.
  •  (1) A person referred to in section 5.2 of the Act may elect, pursuant to that section, to contribute to the Superannuation Account on or before the latest of

    • (a) July 4, 1996,

    • (b) six months after the day on which a written notice is sent to the person stating that the person is eligible to make such an election, and

    • (c) where the person was absent on leave without pay on July 4, 1994, six months after the day on which the person returns to duty.

  • (2) Where it has been established that a person referred to in subsection (1) received, from a person employed in the Public Service whose ordinary duties included the giving of advice respecting the application of the Act, erroneous or misleading advice regarding the time within which an election under section 5.2 of the Act may be made or regarding the application of the Act or these Regulations to a part-time employee, the Minister shall send to the person who received the information a written notice containing the correct information and stating that the person is entitled to make the election within the time limit specified in subsection (3).

  • (3) Notwithstanding subsection (1), the person who receives a notice in accordance with subsection (2) may make an election not later than three months after the day on which the notice is sent.

  • SOR/94-483, s. 2;
  • SOR/98-286, s. 1;
  • SOR/2000-167, s. 1.
 
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