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

30.41 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.

30.42 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:

• (a) any amount by which an amount under subsection 38.4(1) of the Retirement Compensation Arrangements Regulations, No. 1 exceeds a lump sum amount that would be calculated under paragraph 38.4(2)(b) of those Regulations; and

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

30.5 Notwithstanding subsection 12(9) of the Act, the child of a contributor who dies after December 31, 1995 is not entitled to an annual allowance under section 12 or 13 of the Act unless, at the time of the contributor’s death, the child was dependent on the contributor for support.

• 30.6 (1) The monthly amount payable to a surviving spouse or child of a deceased contributor under section 12 or 13 of the Act in respect of pensionable service occurring after December 31, 1991 shall be reduced so that the aggregate of that amount and the benefit 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 surviving spouse and children of a deceased contributor under section 12 or 13 of the Act in respect of pensionable service occurring after December 31, 1991 shall be reduced so that the sum of the aggregate 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 that paragraph 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.