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

• 10. (1) For the purposes of clause 5(1)(a)(ii)(B) of the Act, where a contributor has contributed to the Retirement Fund prior to becoming a contributor under the Act, that portion of the period (as determined by the Minister) during which he so contributed shall be counted as non-elective service to the extent that the amount transferred from the Retirement Fund to the Superannuation Account will purchase, applied to that portion of pensionable service which is most recent in point of time, calculated at the rates set forth in subsection 4(1) of the Act in respect of a salary equal to the salary authorized to be paid to him during that period of pensionable service, together with interest.

• (2) The portion of the period of service that remains after the calculations provided for in this section are made may, pursuant to clause 5(1)(b)(iii)(F) of the Act, be counted by the contributor as pensionable service where he elects, in accordance with the Act, to count the said service and the contributions payable by him in respect thereof shall be an amount calculated in accordance with paragraph 6(1)(e) of the Act, together with interest.

• (3) For the purpose of making the calculations provided for in this section “interest” has the same meaning as in subsection 6(2) of the Act.

• (4) For the purposes of this section, where a contributor commenced contributing to the Superannuation Account prior to the time he became required to contribute in accordance with subsection 4(1) of the Act, the determination of the portion of service purchased by the transfer of the amount to his credit in the Retirement Fund, and the determination of the cost of the remaining portion in accordance with subsections (1) and (2) of this section, shall be made as if the contributor had been required to contribute to the Superannuation Account at the time he so commenced to contribute.

11. A contributor may elect to count

• (a) for the purpose of clause 5(1)(b)(iii)(D) of the Act, service with the North Atlantic Treaty Organization; and

• (b) for the purpose of clause 5(1)(b)(iii)(E) of the Act, the kinds of civilian war service during World War II set out in Schedule II.

12. The pensionable service of a contributor shall not include a period of service specified in clause 5(1)(a)(iii)(C) of the Act unless it is a period during which the contributor, being a person who became a contributor under the Superannuation Act prior to August 11, 1939, and who has, since that date, continued to be a contributor, and was, while a permanent officer, clerk, or employee of the Civil Service within the meaning of the Superannuation Act, on leave of absence without pay prior to April 14, 1927.

• 12.1 (1) Despite section 5 of the Act, a person who attained 71 years of age on or before December 31, 2002 is not required to contribute to the Superannuation Account or the Public Service Pension Fund under that section in respect of any employment in the public service after December 31 of the year in which he or she attained that age or, in the case of a person who attained 71 years of age on or before December 31, 1995, after March 31, 1996.

• (2) Despite section 5 of the Act, a person who attained 69 years of age on or after January 1, 2003 and before January 1, 2007 is not required to contribute to the Public Service Pension Fund under that section in respect of any employment in the public service after December 31 of the year in which he or she attains that age.

• (3) Despite section 5 of the Act, a person who attained 70 or 71 years of age during the year 2003 is not required to contribute to the Public Service Pension Fund under that section in respect of any employment in the public service after December 31, 2003.

• (4) Despite section 5 of the Act, a person who attains 71 years of age on or after January 1, 2009 is not required to contribute to the Public Service Pension Fund under that section in respect of any employment in the public service after December 31 of the year in which he or she attains that age.

• (5) A person who would be required to contribute to the Superannuation Account or the Public Service Pension Fund but for the application of subsection (1), (2), (3) or (4) is

  • (a) a contributor for the purposes of paragraph 29(a) of the Act; and

  • (b) a participant within the meaning of subsection 47(1) of the Act.

• (6) Despite subsection 69(3) of the Act and subject to subsection 69(6) of the Act, for the purposes of section 69 of the Act, the retirement year or retirement month of a person referred to in subsection (1), (2), (3) or (4) to whom, in respect of whom or in respect of whose service a pension is payable is the year or month, as the case may be, in which, in accordance with subsection (1), (2), (3) or (4), he or she ceases to be required to contribute to the Superannuation Account or the Public Service Pension Fund.