Counting of Service by Former Members of the Senate or House of Commons Regulations (C.R.C., c. 1357)

Short Title

1 These Regulations may be cited as the Counting of Service by Former Members of the Senate or House of Commons Regulations.

Interpretation

2 In these Regulations,

Act

Act means the Public Service Superannuation Act; (Loi)

contributor

contributor means a person who is a contributor under the Act; (contributeur)

Minister

Minister means the President of the Treasury Board. (ministre)

Election

3 A contributor may elect to count a period of service in respect of which he contributed under the Members of Parliament Retiring Allowances Act as pensionable service for the purposes of Part I of the Act if

• (a) he elects to do so in a form prescribed by the Minister; and

• (b) in the case of a contributor who is entitled to an allowance under the Members of Parliament Retiring Allowances Act for service in respect of which he made contributions, he surrenders his rights to that allowance.

4 A contributor who makes an election pursuant to section 3 shall, for the purposes of Part I of the Act, be credited with a period of pensionable service equal to the aggregate of

• (a) the periods of pensionable service to his credit pursuant to subsection 24(2) of the Members of Parliament Retiring Allowances Act at the time he ceased to be a member of the Senate or House of Commons; and

• (b) the period of pensionable service in respect of which he made contributions under Part I or VI of the Members of Parliament Retiring Allowances Act that has not been counted for the purpose of establishing the periods of pensionable service referred to in paragraph (a).

Medical Examination

• 5 (1) A contributor who elects within one year of becoming a contributor to count pensionable service pursuant to section 3 shall be medically examined unless he has, during the five-year period immediately prior to the election, been employed without interruption in the Public Service or as a member of the regular force, the Force, the Senate or House of Commons or in any combination of those employments.

• (2) A contributor who elects after one year of becoming a contributor to count pensionable service pursuant to section 3 shall be medically examined.

• (3) Notwithstanding subsection (1), a contributor who elects to count pensionable service pursuant to section 3 and to whom paragraph 3(b) applies shall be medically examined.

• 6 (1) A medical examination referred to in section 5 shall be conducted by a physician licensed or otherwise authorized to practise medicine in the jurisdiction in which the examination is performed.

• (2) A medical examination referred to in section 5 shall provide the information required by, and be reported in accordance with, Department of National Health and Welfare Form NHW 365 or NHW-SNBS 366.

• (3) The form referred to in subsection (2) shall, on completion, be submitted to the Medical Services Branch of the Department of National Health and Welfare.

• 6.1 (1) Subject to subsection (2), a medical examination required by section 5 shall be performed not more than three months before, nor more than six months after, the making of the election.

• (2) Where a person without fault fails to undergo a medical examination required by section 5 within the time set out in subsection (1), the person may undergo the medical examination within 30 days after being notified by the Minister that an examination is required.

• (3) A person shall be determined to have passed a medical examination required by section 5 where the Minister receives a report, prepared by the Assistant Deputy Minister of the Medical Services Branch of the Department of National Health and Welfare from the information contained in the form submitted pursuant to section 6, stating that the person

  • (a) is capable of five years of continuous employment performing the duties that the contributor was performing at the time of the medical examination; or

  • (b) has a normal life expectancy.

• (4) Where the Assistant Deputy Minister of the Medical Services Branch determines that the information contained in a form submitted pursuant to section 6 is insufficient to enable a report in respect of a person to be prepared under subsection (3), the Assistant Deputy Minister may require the person to undergo a further medical examination in accordance with section 6, to obtain the necessary information.

• (5) A person who, in the circumstances referred to in subsection (4), does not undergo a further medical examination required by that subsection shall be determined not to have been medically examined in accordance with section 5.

7 The election of a contributor who fails to pass a medical examination required by subsection 5(2) or (3) is void.

Payments to the Superannuation Account

8 A contributor who makes an election pursuant to section 3 and to whom paragraph 3(b) applies shall pay

• (a) to the Superannuation Account, on the same basis had he continued to pay in accordance with the payment plan he elected under the Members of Parliament Retiring Allowances Act, an amount equal to the amount he had elected to contribute

  • (i) pursuant to section 7 of that Act minus the amount of contributions he paid pursuant to section 9 of that Act, or

  • (ii) pursuant to section 19 of that Act minus the amount of contributions he paid pursuant to section 20 of that Act,

  as the case may be;

• (b) to the Members of Parliament Retiring Allowances Account an amount equal to the amount of any allowance paid to him pursuant to the Members of Parliament Retiring Allowances Act for any period commencing in any month commencing after he has been a contributor under the Act for one year together with simple interest at four per cent per annum; and

• (c) to the Supplementary Retirement Benefits Account an amount equal to the amount of any supplementary retirement benefit paid to him pursuant to the Supplementary Retirement Benefits Act in respect of an allowance paid to him pursuant to the Members of Parliament Retiring Allowances Act for any period commencing in any month commencing after he has been a contributor under the Act for one year together with simple interest at four per cent per annum.

9 A contributor who makes an election pursuant to section 3 and to whom paragraph 3(b) does not apply shall pay to the Superannuation Account an amount calculated

• (a) in accordance with paragraph 6(1)(e) of the Act, if he elects within one year of becoming a contributor, or from December 23, 1976, whichever is later; or

• (b) in accordance with paragraph 6(1)(j) of the Act, if he elects at a later date.

10 Where a contributor makes an election pursuant to section 3, there shall be transferred to the Superannuation Account

• (a) all amounts paid by the contributor to the Members of Parliament Retiring Allowances Account less any amount paid to him as a withdrawal allowance under the Members of Parliament Retiring Allowances Act; and

• (b) all amounts credited to that Account pursuant to section 4 of that Act in respect of the contributor.

11 Any amount required to be paid by a contributor pursuant to these Regulations other than paragraph 8(a) shall be paid by him

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

• (b) in instalments computed on such terms as are prescribed by section 5 of the Public Service Superannuation Regulations.