Withdrawal of Entities Regulations (SOR/2000-143)

Regulations are current to 2017-10-13 and last amended on 2016-06-23. Previous Versions

Withdrawal of Entities Regulations

SOR/2000-143

PUBLIC SERVICE SUPERANNUATION ACT

FINANCIAL ADMINISTRATION ACT

Registration 2000-04-07

Withdrawal of Entities Regulations

T.B. 828066 2000-04-06

The Treasury Board, on the recommendation of the President of the Treasury Board, pursuant to paragraph 42.1(1)(v.7)Footnote a of the Public Service Superannuation Act and paragraph 7(2)(a) of the Financial Administration Act, hereby makes the annexed Withdrawal of Entities Regulations.

Interpretation

 The definitions in this section apply in these Regulations.

Act

Act means the Public Service Superannuation Act. (Loi)

withdrawing employer

withdrawing employer means an entity or portion of an entity which, by virtue of an order made under subsection 42(4) of the Act is deleted from Part I or II of Schedule I of the Act. (employeur radié)

Application

  •  (1) These Regulations apply to a person who

    • (a) by virtue of an order made under subsection 42(4) of the Act, ceases to be employed in the public service for the purposes of the Act; and

    • (b) is employed by the withdrawing employer on the day on which the order is made.

  • (2) These Regulations do not apply to a person who subsequently becomes re-employed by the withdrawing employer.

  • SOR/2016-203, s. 78(E).

Applicable Provisions

 Sections 12 to 13.01 of the Act apply to a person only on and after the day on which the person ceases to be employed by the withdrawing employer.

Survivor and Children

 For the purposes of subsection 12(8) of the Act, the survivor and children of a person who dies while employed by the withdrawing employer are entitled to a death benefit equal to a return of contributions.

 For the purposes of subsection 13(3) of the Act, the survivor and children of a person who dies while employed by the withdrawing employer are entitled to the allowances prescribed in paragraphs 12(4)(a) and (b) of the Act, subject to the limitations set out in subsections 12(4) and (5) of the Act.

 For the purposes of subsection 26(2) of the Act, a child who was born to or adopted by a person or became the stepchild of the person, during the period that begins on the day on which the person ceases to be employed in the public service for the purposes of the Act and that ends on the day on which that person ceases to be employed by the withdrawing employer, is entitled to an allowance under Part I of the Act.

  • SOR/2016-203, s. 78(E).

Adaptation of Subsection 10(5) of the Act

 For the purposes of subsection 10(5) of the Act, the one-year period referred to in paragraph 10(5)(a) of the Act begins on the day on which the person ceases to be employed by the withdrawing employer.

Adaptation of Sections 12 and 13 of the Act

 For the purposes of sections 12 and 13 of the Act, pensionable service includes the period of service with the withdrawing employer that begins on the day on which the person ceases to be employed in the public service for the purposes of the Act and that ends on the day on which the person ceases to be employed by the withdrawing employer.

  • SOR/2016-203, s. 78(E).

 For the purposes of sections 12 and 13 of the Act, the age of a person when the person ceases to be employed in the public service for the purposes of the Act is the age of the person on the day on which that person ceases to be employed by the withdrawing employer.

  • SOR/2016-203, s. 78(E).

 A contributor to whom these Regulations apply is considered to be a Group 1 contributor.

  • SOR/2016-203, s. 77.

Coming into Force

 These Regulations come into force on the day on which they are registered.

 
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