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

Regulations are current to 2014-07-22 and last amended on 2010-08-03. Previous Versions

Succession Duties

  •  (1) Where, upon the death of a contributor, any allowance becomes payable under the Act to a successor, application in writing may be made by or on behalf of the successor to the Minister for payment out of the Superannuation Account of the whole or any part of the portion of the estate, legacy, succession or inheritance duties or taxes, payable by the successor, which is attributable to the said allowance and where the Minister directs, in accordance with the application, that the whole or any part of the portion of the duties or taxes so payable be paid out of the Superannuation Account, the maximum portion of the duties or taxes that may be so paid out is the proportion which

    • (a) the value of the allowance payable to the successor,

    is of

    • (b) the value of the whole estate

    calculated for the purpose of determining the duties or taxes payable in respect thereof.

  • (2) Where the Minister makes a direction in accordance with subsection (1), if the allowance payable to the successor is payable in instalments, monthly, quarterly or semi-annually or in an annual amount, the allowance shall be reduced either for a term, requested by the successor in the application made under subsection (1), or during the entire period for which the allowance is payable, if the successor fails to make a request in the application under subsection (1) that the allowance be reduced for a term,

    • (a) where the allowance is payable in monthly instalments, by one-twelfth of an amount,

    • (b) where the allowance is payable in quarterly instalments, by one-quarter of an amount,

    • (c) where the allowance is payable in semi-annual instalments, by one-half of an amount, and

    • (d) where the allowance is payable annually, by the whole of an amount,

    determined by dividing the amount of the estate, legacy, succession or inheritance duties or taxes to be paid out of the Superannuation Account by the value of an annuity of $1 per annum payable monthly, quarterly, semi-annually or annually, as the allowance is payable, to a person of the age of the successor at the date of payment of the duties or taxes out of the Superannuation Account, calculated,

    • (e) in the case of an allowance payable to the widow of the contributor, in accordance with a(f) Ultimate Table, together with interest at the rate of four per cent per annum; and

    • (f) in the case of an allowance payable to a child of the contributor, at an interest rate of four per cent per annum and mortality shall not be taken into account.

  • (3) Where the allowance of a successor is to be or is being reduced under this section and the successor, being the widow of a contributor, remarries, and requests that the payment provided in subsection 13(2) of the Act be made to her, the payment shall be reduced by the present value of the deductions which would have been made from the allowance if the allowance had continued to be payable in the same manner as it was prior to her remarriage.

  • (4) For the purposes of subsection (3), “the present value of the deductions” is the present value of a life annuity of the amount of the deduction calculated, as of the age of the widow at the date of her remarriage, in accordance with a(f) Ultimate Table, together with interest at the rate of four per cent per annum.

  • (5) Where the allowance of a successor is to be or is being reduced under this section for a term and the successor, being the widow of a contributor, remarries before the end of the term and the allowance is suspended, if at any time the allowance is resumed it shall be reduced for a term equal to the term or the balance of the term, as the case may be, during which the allowance would have been reduced had it not been suspended and such reduction shall be made to the same extent and in the same manner as the allowance was reduced immediately prior to the suspension.

  • SOR/93-450, s. 11(F).