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

39 A child who is in full-time attendance at a school or university shall submit to the Minister

• (a) a declaration by a responsible officer of the relevant institution that the child is or was enrolled in a full-time course of study; and

• (b) a declaration by the child that the child is or was pursuing a full-time course of study.

40 [Repealed, SOR/2016-203, s. 26]

41 [Repealed, SOR/2016-203, s. 26]

Transferred Pensionable Newfoundland Employees

• 42 (1) Where a contributor to whom subsection 23(2) of the Act applies ceased or ceases to be employed in the public service not having reached 60 years of age, for any reason other than disability or abolition of post, the amount of any benefit payable to the contributor under the Act, other than a return of contributions, shall be adjusted until such time as the contributor reaches 60 years of age in such manner that only that proportion of the benefit to which they would be entitled if they were not a transferred pensionable Newfoundland employee that their Canadian service is of their total pensionable service shall be payable to them.

• (1.1) Subsection (1) does not apply where a contributor to whom subsection 23(2) of the Act applies ceases or ceased to be employed in the public service subsequent to August 30, 1977 having reached 55 years of age and having 30 years of pensionable service to their credit.

• (2) In this section,

  abolition of post

  abolition of post has the same meaning as in the Newfoundland Act; (suppression de poste)

  Canadian service

  Canadian service means any period of service, other than Newfoundland service, that may be counted as pensionable service for the purposes of the Act. (service canadienne)

• (3) Where a person referred to in subsection (1) elected or elects under subsection 3(1) of The Civil Service (Transferred Employees) Act, 1956 of Newfoundland or subsection 3(1) of The Civil Service Transferred Employees Act, 1978 of Newfoundland to receive the pension specified in paragraph (b) of that subsection, there shall be paid to them, in respect of their service with the Government of Newfoundland and, in addition to any other payment to which they are entitled under the Act, a fraction of the pension related to their Newfoundland service that would have been payable to them had they retired upon reaching 60 years of age, such fraction to be determined as follows:

  • (a) the numerator is the period of pensionable service to their credit; and

  • (b) the denominator is the aggregate of

    • (i) the period of pensionable service to their credit, and

    • (ii) the number of years by which their age at the time they cease to be employed in the public service is less than 60.

Entitlement to Disability Benefits

• 42.1 (1) Despite sections 12 to 13.001 of the Act, a contributor shall be entitled to benefits under Part I of the Act by reason of being disabled only if they are suffering from a physical or mental impairment that

  • (a) prevents the contributor from engaging in any employment for which the contributor is reasonably suited by virtue of the contributor’s education, training or experience; and

  • (b) can reasonably be expected to last for the remainder of the contributor’s lifetime.

• (2) Subsection (1) does not apply to a person who was disabled on December 31, 1995, for as long as the person continues to be disabled.

Medical Examination

• 43 (1) A medical examination referred to in any of sections 43.1 to 43.3 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 43.1 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) A medical examination referred to in section 43.2 or 43.3 shall provide the information required by, and be reported in accordance with,

  • (a) Department of National Health and Welfare Form NHW 365 or NHW-SNBS 366; and

  • (b) the form set out in Schedule VII.

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

• 43.1 (1) The medical examination required by subsection 31(1) or (3) of the Act shall be performed within the period of six months before and one year after the day on which the election is made.

• (2) If, for reasons beyond the control of the person, they are unable to undergo the medical examination before the end of that period, they shall undergo it within six months after the date of the written notice informing them that an examination is required.

• (3) A person shall be determined to have passed a medical examination referred to in section 31 of the Act 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 forms submitted pursuant to section 43, 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 43 is insufficient to enable a report in respect of a person to be prepared under subsection (3), the Assistant Deputy Minister may require that the person undergo a further medical examination to provide the necessary information.

• (5) A person who does not undergo a further medical examination required under subsection (4) shall be determined

  • (a) not to have been medically examined in accordance with subsection 31(1) of the Act; and

  • (b) for the purposes of subsection 31(3) of the Act, not to have passed the medical examination.

• 43.2 (1) For the purposes of Part I of the Act, every contributor who by reason of a disability claims to be entitled to payment of a cash termination allowance or an immediate annuity under the Act shall undergo a medical examination to confirm that

  • (a) in respect of a contributor referred to in subsection 42.1(2), the contributor is disabled; and

  • (b) in respect of any other contributor, the contributor meets the requirements of subsection 42.1(1).

• (2) For the purposes of Part I of the Act, a contributor shall be determined to be entitled to benefits under Part I of the Act by reason of being disabled 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 forms submitted pursuant to section 43, stating that

  • (a) in respect of a contributor referred to in subsection 42.1(2), the contributor is disabled; and

  • (b) in respect of any other contributor, the contributor meets the requirements of subsection 42.1(1).

• (3) Where the Assistant Deputy Minister of the Medical Services Branch determines that a report under subsection (2) cannot be made in respect of a contributor without further information, the contributor shall undergo a further medical examination to provide the necessary information.

• (4) A contributor who refuses to undergo the medical examination required under subsection (3) is no longer considered to be disabled for the purposes of Part I of the Act.

43.3 [Repealed, SOR/2016-203, s. 30]

44 [Repealed, SOR/2016-203, s. 31]

Miscellaneous

45 Beginning with the fiscal year ending March 31, 2002, the annual report referred to in section 46 of the Act shall include the financial statements of the pension plan provided by the Act, prepared in accordance with the federal government’s stated accounting policies for the pension plan, which are based on generally accepted accounting principles.

• 46 (1) For the purposes of paragraph 44(1)(c) of the Act, interest shall be calculated in respect of each quarter in each fiscal year as of the last day of June, September, December and March on the balance to the credit of the Superannuation Account on the last day of the preceding quarter.

• (2) The rate to be used for the purpose of calculating interest under subsection (1) in respect of any quarter is that rate which would yield an amount of interest equal to the amount of interest that the aggregate of the balances to the credit of the Superannuation Accounts maintained under the Public Service Superannuation Act, the Canadian Forces Superannuation Act and the Royal Canadian Mounted Police Superannuation Act would have yielded during that quarter if the quarterly excess were invested at,

  • (a) where the rate is to be used in respect of any quarterly excess after December 31, 1965, the average of the rates of interest that may be or have been determined by the Minister of Finance for the months in that quarter pursuant to subsection 111(2) of the Canada Pension Plan; and

  • (b) where the rate is to be used in respect of any quarterly excess before the quarter ending on March 31, 1966, the average of the rates of interest determined by the Minister of Finance for the months in that quarter as if subsection 111(2) of the Canada Pension Plan had been in force.

• (3) The Minister shall cause notice of the rate to be used for the purposes of calculating interest under subsection (1) to be published in the Canada Gazette at least once in each fiscal year.

• (4) In this section quarterly excess means

  • (a) the total of the amounts credited to the Superannuation Accounts maintained under the Public Service Superannuation Act, the Canadian Forces Superannuation Act and the Royal Canadian Mounted Police Superannuation Act during any quarter of a fiscal year

  minus

  • (b) the payments charged to those Accounts during that quarter

  plus

  • (c) the total of any amounts credited to those Accounts less the payments charged to those Accounts during any quarter of a fiscal year that is a multiple of 20 years prior to the quarter referred to in paragraph (a).

47 The Minister, in any case in which he or she considers it necessary or advisable in connection with the administration of the Act or these Regulations, may require any person to submit to him or her a statutory declaration setting out the facts which the Minister considers relevant in that case.

• 48 (1) For the purposes of the Act, proof of age shall, subject to subsection (2), be established by the following evidence:

  • (a) a birth certificate issued by an appropriate civil authority; or

  • (b) a baptismal certificate, issued by an appropriate religious authority, indicating that the baptism took place within five years after the date of birth.

• (2) In the event that the evidence referred to in subsection (1) required to establish proof of age of a contributor cannot be obtained by the contributor, proof of age of the contributor may be established by the following:

  • (a) evidence as to age in one of the following forms:

    • (i) a document, made within five years of the date of birth of the contributor, showing the name and the date of birth or the age of the contributor or a certified copy or extract thereof,

    • (ii) two documents both of which agree as to the month and year of birth of the contributor showing the name and date of birth or age of the contributor, or certified copies or extracts thereof, in respect of which

      • (A) one document shall be at least 20 years old at the time it or a certified copy or extract of it is considered by the Minister for the purpose of establishing the age of the contributor and, except in the case of a page in the Family Bible, the document shall be all or partly in printed form, and

      • (B) the other document

        • (I) shall, unless it is an affidavit or statutory declaration, be at least 10 years old at the time it or a certified copy or extract of it is considered by the Minister for the purposes of establishing the age of the contributor,

        • (II) shall not be a record of employment in the public service or any form prescribed by the Minister under this Act or the Superannuation Act, and

        • (III) in the case of an affidavit or statutory declaration, shall be made by a parent, brother or sister of the contributor or some other person having knowledge of the pertinent facts of the birth of the contributor, or

    • (iii) such other evidence relating to proof of age as the Minister may prescribe pursuant to subsection (6);

  • (b) evidence relating to the inability to obtain either one of the certificates referred to in subsection (1) in the form of

    • (i) a letter from an appropriate authority indicating that a search has been made for a certificate of birth but that such search was unsuccessful, or

    • (ii) a statement that satisfies the Minister as to why it would be impractical to conduct a search for any one of the certificates referred to in subsection (1); and

  • (c) a statement, in a form prescribed by the Minister, attesting to the validity of the evidence referred to in paragraphs (a) and (b) and sworn to or affirmed by the person submitting the evidence.

• (3) A contributor shall, upon demand by the Minister, file evidence as to proof of age

  • (a) immediately upon electing to pay by instalments for a period of service described in section 5 of the Act,

  • (b) immediately upon completing a period of five continuous years of having been a contributor to the Superannuation Account, or

  • (c) immediately upon attaining the age of 55 years,

  whichever first occurs.

• (4) Notwithstanding anything in these Regulations,

  • (a) if, in the case of paragraph (3)(a) a contributor fails to provide proof of age as described in this section within one year of the date of the first demand therefor by the Minister, the capitalized value of any instalments that are then payable shall become due and payable and, if not paid within 30 days, the election shall be deemed to have been revoked as to future payments, and

  • (b) if, in the case of paragraph (3)(b) or (c), a contributor fails to provide proof of age as described in this section within one year of the date of the first demand therefor by the Minister, no benefit shall be paid to the contributor except that

    • (i) if the contributor is entitled only to a return of contributions, it shall be payable to them,

    • (ii) if, according to records in the possession of the employing agency, the contributor is purported to be less than 55 years of age and has selected as a benefit a lump sum payment, it shall be payable to them, and

    • (iii) if the contributor is entitled to a benefit other than a lump sum, it shall, at the time it would normally become payable, be paid in monthly amounts as determined by the Minister until either the amount they have paid into the Superannuation Account is exhausted or they file the evidence demanded by the Minister, at which time the normal entitlement of the contributor shall be established.

• (5) Notice to a contributor from the Minister that

  • (a) is in writing, and

  • (b) clearly establishes the requirements of the Minister

  shall constitute a demand within the meaning of subsections (3) and (4).

• (6) Where the Minister is satisfied that a contributor is unable to obtain evidence to prove their age as prescribed in subsection (1) or paragraphs (2)(a) and (b) the Minister may

  • (a) prescribe such other evidence, as he or she deems sufficient, which the contributor shall file to prove their age; and

  • (b) extend the time, as prescribed in subsection (3) or (4), within which such evidence shall be filed.