Income Tax Regulations

Version of section 8308.3 from 2004-08-31 to 2005-08-30:

  •  (1) In this section, “specified retirement arrangement” means, in respect of an individual and an employer, a plan or arrangement under which payments that are attributable to the individual’s employment with the employer are to be, or may be, made to or for the benefit of the individual after the termination of the individual’s employment with the employer, but does not include

    • (a) a plan or arrangement referred to in any of paragraphs (a) to (k), (m) and (n) of the definition “retirement compensation arrangement” in subsection 248(1) of the Act;

    • (b[Repealed, SOR/99-9, s. 12]

    • (c) a plan or arrangement that does not provide in any circumstances for payments to be made to or for the benefit of the individual after the later of the last day of the calendar year in which the individual attains 69 years of age and the day that is 5 years after the day of termination of the individual’s employment with the employer;

    • (d) a plan or arrangement (in this paragraph referred to as the “arrangement”) that is, or would be, but for paragraph (l) of the definition “retirement compensation arrangement” in subsection 248(1) of the Act, a retirement compensation arrangement where

    • (e) a plan or arrangement that is deemed by subsection 207.6(6) of the Act to be a retirement compensation arrangement; or

    • (f) an arrangement established by the Judges Act or the Lieutenant Governors Superannuation Act.

Pension Credit

  • (2) Subject to subsections (3) and (3.1), the pension credit of an individual for a calendar year with respect to an employer under a specified retirement arrangement is

    • (a) where paragraph (b) does not apply, nil; and

    • (b) where

      • (i) the year is 1993 or a subsequent year,

      • (ii) the employer is, at any time in the year,

        • (A) a person who is exempt, because of section 149 of the Act, from tax under Part I of the Act on all or part of the person’s taxable income, or

        • (B) the Government of Canada or the government of a province,

      • (iii) the individual became entitled in the year, either absolutely or contingently, to benefits under the arrangement in respect of employment with the employer,

      • (iv) at the end of the year, the individual is entitled, either absolutely or contingently, to benefits under the arrangement, and

      • (v) the amount determined by the formula

        0.85A - B

        is greater than nil where

        A 
        is the lesser of
        • (A) the amount, if any, by which 18% of the individual’s resident compensation from the employer for the year exceeds the PA offset for the year, and

        • (B) the amount by which the money purchase limit for the year exceeds the PA offset for the year, and

        B 
        is the amount that would be the pension adjustment of the individual for the year with respect to the employer if subsection 8301(1) were read without reference to paragraph (c) of that subsection,

      the amount that would be determined by the formula in subparagraph (v) if the reference to “0.85” in that formula were replaced by a reference to “1”.

Pension Credit — Alternative Determination

  • (3) Where the Minister has, on the written application of an employer, approved in writing a method for determining pension credits for a year with respect to the employer under a specified retirement arrangement, the pension credits shall be determined in accordance with that method.

Pension Credits — 1996 to 2003

  • (3.1) For the purpose of determining the pension credit of an individual for a calendar year after 1995 and before 2004 with respect to an employer under a specified retirement arrangement, the portion of paragraph (2)(b) after subparagraph (iv) shall be read as

    • “(v) the amount determined by the formula

      0.85A - B

      is greater than nil where

      A 
      the lesser of
      • (A) the amount, if any, by which 18% of the individual’s resident compensation from the employer for the year exceeds the PA offset for the year, and

      • (B) the amount by which $15,500 exceeds the PA offset for the year, and

      B 
      is the amount that would be the pension adjustment of the individual for the year with respect to the employer if subsection 8301(1) were read without reference to paragraph (c),

    the amount that would be determined by the formula in subparagraph (v) if

    • (vi) the reference to “0.85A” in that formula were read as a reference to “A”, and

    • (vii) clause (B) of the description of A in that subparagraph were read as

      • “(B) the money purchase limit for the year, and”.”.

Specified Retirement Arrangement PSPA

  • (4) Subject to subsection (5), where the benefits to which an individual is entitled, either absolutely or contingently, under a specified retirement arrangement are modified, the specified retirement arrangement PSPA of the individual with respect to an employer associated with the modification of benefits is the amount, if any, by which

    • (a) the total of all amounts each of which is the amount that, if this section were read without reference to subsection (3), would be the pension credit of the individual with respect to the employer under the arrangement for a calendar year before the year in which the individual’s benefits are modified

    exceeds the total of all amounts each of which is

    • (b) the pension credit of the individual with respect to the employer under the arrangement for a calendar year before the year in which the individual’s benefits are modified, or

    • (c) the specified retirement arrangement PSPA of the individual with respect to the employer associated with a previous modification of the individual’s benefits under the arrangement.

Specified Retirement Arrangement PSPA — Alternative Determination

  • (5) Where the Minister has, on the written application of an employer, approved in writing a method for determining the specified retirement arrangement PSPA of an individual with respect to the employer associated with a modification of the individual’s benefits under a specified retirement arrangement, the individual’s specified retirement arrangement PSPA shall be determined in accordance with that method.

  • NOTE: Application provisions are not included in the consolidated text;
  • see relevant amending regulations. SOR/96-311, s. 8;
  • SOR/99-9, s. 12.