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

Regulations are current to 2014-06-12 and last amended on 2010-08-03. Previous Versions

  •  (1) In this section and in section 58, “actual operational service” means the service and the periods of absence designated as operational service under section 53 and “deemed operational service” means any period during which a person is deemed to be employed in operational service under section 54.

  • (2) Actual and deemed operational service that occurred on or after March 18, 1994 and in respect of which a person has made an election under subparagraph 6(1)(b)(iii) of the Act is pensionable service to the credit of the person, for the purposes of sections 24.2 and 24.3 of the Act, only if the person further elects, while employed in operational service, to contribute an additional amount determined in accordance with subsection (3), together with interest within the meaning of subsection 7(2) of the Act.

  • (3) The additional amount shall be equal to the amount that the person would have been required to contribute in respect of that service under section 55 as it read at the time the service occurred, based on the salary authorized to be paid to the person

    • (a) on the day on which the person most recently became employed in actual operational service, if the person makes the election within one year after that day; or

    • (b) in any other case, on the day on which the person makes the election.

  • (4) The additional amount and the interest shall be paid, at the person’s option,

    • (a) in a lump sum, at the time the election is made; or

    • (b) by deduction from the person’s salary or from any benefits payable to the person under the Act, in approximately equal instalments.

  • SOR/94-259, s. 1;
  • SOR/97-490, s. 5(F);
  • SOR/2007-106, s. 6.

Immediate Annuity or Annual Allowance

  •  (1) The years of service referred to in subsection (2) shall only include service that is pensionable service to the person’s credit.

  • (2) The benefit to which a person who exercises the option under section 24.2 of the Act is entitled, in respect of service referred to in each of the following paragraphs, is the following:

    • (a) if the person has at least 25 years of actual operational service, an immediate annuity;

    • (b) if the person has at least 20, but less than 25, years of actual operational service, an annual allowance equal to an amount determined by the formula

      A - (A × 5% × B)

      where

      A 
      is the amount of the deferred annuity to which the person would be entitled in respect of that service under subsection 13(1) of the Act, and
      B 
      is 25 minus the number of years of actual operational service, rounded to the nearest 1/10 of a year;
    • (c) if the person is at least 50 years of age when the person ceases to be employed in operational service and has at least 25 years of actual and deemed operational service, an immediate annuity;

    • (d) if the person is at least 50 years of age when the person ceases to be employed in operational service and has at least 20, but less than 25, years of actual and deemed operational service, an annual allowance equal to an amount determined by the formula

      A - (A × 5% × B)

      where

      A 
      is the amount of the deferred annuity to which the person would be entitled in respect of that service under subsection 13(1) of the Act, and
      B 
      is 25 minus the number of years of actual and deemed operational service, rounded to the nearest 1/10 of a year;
    • (e) if the person is at least 45, but less than 50, years of age when the person ceases to be employed in operational service and has at least 20 years of such service including at least 10, but less than 20, years of actual operational service, in addition to some deemed operational service, an annual allowance equal to an amount determined by the formula

      A - (A × 5% × B)

      where

      A 
      is the amount of the deferred annuity to which the person would be entitled in respect of that service under subsection 13(1) of the Act, and
      B 
      is the greater of
      • (i) 50 minus their age in years, rounded to the nearest 1/10 of a year, at the time the person exercises the option, and

      • (ii) 25 minus the total number of years of actual and deemed operational service, rounded to the nearest 1/10 of a year;

    • (f) if the person is at least 45, but less than 50, years of age when the person ceases to be employed in operational service and has at least 20, but less than 25, years of actual operational service, in addition to some deemed operational service, an annual allowance equal to an amount equal to the greater of

      • (i) the sum of

        • (A) the amount of annual allowance determined in accordance with the formula set out in paragraph (b), and

        • (B) the amount of annual allowance determined by the formula

          A - (A × 5% × B)

          where

          A 
          is the amount of the deferred annuity to which the person would be entitled in respect of the deemed operational service under subsection 13(1) of the Act, and
          B 
          is the greater of
          • (I) 50 minus their age in years, rounded to the nearest 1/10 of a year, at the time the person exercises the option, and

          • (II) 25 minus the total number of years of actual and deemed operational service, rounded to the nearest 1/10 of a year, and

      • (ii) the amount of the annual allowance determined in accordance with the formula set out in paragraph (e); or

    • (g) if the person is at least 45, but less than 50, years of age when the person ceases to be employed in operational service, is entitled to an immediate annuity under paragraph (a) and has some deemed operational service, an annual allowance equal to an amount determined by the formula

      A - (A × 5% × B)

      where

      A 
      is the amount of the deferred annuity to which the person would be entitled in respect of that service under subsection 13(1) of the Act, and
      B 
      is 50 minus their age in years, rounded to the nearest 1/10 of a year, at the time the person exercises the option.
  • (3) A person who would be entitled to an immediate annuity under paragraph (2)(a) or (c) and who does not exercise the option referred to in subparagraph 13(1)(c)(ii) or section 13.01 or 24.2 of the Act within one year after ceasing to be employed in the public service is deemed to have exercised the option under the latter section.

  • SOR/94-259, s. 1;
  • SOR/2007-106, ss. 7, 8.