Reserve Force Pension Plan Regulations (SOR/2007-32)

Regulations are current to 2013-05-26 and last amended on 2010-05-11. Previous Versions

Reserve Force Pension Plan Regulations

SOR/2007-32

CANADIAN FORCES SUPERANNUATION ACT

FINANCIAL ADMINISTRATION ACT

Registration 2007-02-16

Reserve Force Pension Plan Regulations

T.B. 833341 2007-02-15

The Treasury Board, on the recommendation of the Minister of National Defence, pursuant to paragraph 50(1)(a)Footnote a and sections 59.1Footnote b and 82Footnote c of the Canadian Forces Superannuation Act and paragraph 7(2)(b) of the Financial Administration Act, hereby makes the annexed Reserve Force Pension Plan Regulations.

INTERPRETATION

Marginal note:Definitions

1. The following definitions apply in these Regulations

“Act”

« Loi »

“Act” means the Canadian Forces Superannuation Act.

“Fund”

« caisse »

“Fund” means the Reserve Force Pension Fund established under section 84.

“member”

« membre »

“member” means a member of the reserve force.

“pensioner”

« pensionné »

“pensioner” means a member or former member who is entitled to an annuity or annual allowance under Division 1 of Part 2.

Marginal note:Earnings

2. For the purposes of these Regulations,

  • (a) earnings means pay earned by a member of the Canadian Forces at the rates prescribed or established under the National Defence Act for their rank, together with earned premiums in lieu of leave;

  • (b) a member who is exempted from training and duty under article 9.09 or 9.10 or was granted leave for maternity or parental purposes under article 16.26 or 16.27 of the Queen’s Regulations and Orders for the Canadian Forces is deemed to be in receipt of earnings, during each week for which the member is exempted or granted leave, equal to the weekly rate of pay calculated in accordance with instruction 205.461 of the Compensation and Benefits Instructions for the Canadian Forces established under section 35 of the National Defence Act; and

  • (c) in respect of a period in the reserve force before April 1, 1999, where records of the Canadian Forces or the Department of National Defence permit the verification of the rank of a member and the duration of the period but not the ascertainment of the member’s earnings, the member is deemed, for each day of the period, to have been in receipt of earnings equal to ¼ of the standard basic daily rate of pay, applicable to their rank for that day, prescribed or established under the National Defence Act.

PART 1

ESTABLISHMENT OF THE PLAN AND PARTICIPATION, CONTRIBUTIONS, PENSIONABLE EARNINGS AND PENSIONABLE SERVICE

Division 1

Establishment of the Plan and Participation

Establishment of the Plan

Marginal note:Establishment of Reserve Force Pension Plan

3. The Reserve Force Pension Plan is established.

Participation

Marginal note:Interpretation

  • 4. (1) For the purposes of this section and section 5,

    • (a) “Monthly Earnings Threshold”, in respect of any month, means 1/12 of the Year’s Maximum Pensionable Earnings, within the meaning of subsection 2(1) of the Canada Pension Plan, for the calendar year in which the month falls, the result rounded to the nearest cent; and

    • (b) “Annual Earnings Threshold”, in respect of any period of 12 months, means the total of the Monthly Earnings Thresholds for that period.

  • Marginal note:Initial participation

    (2) A member becomes a participant in the Reserve Force Pension Plan

    • (a) on March 1, 2007 if, during each of any two consecutive periods of 12 months beginning on or after April 1, 1999 and ending no later than March 1, 2007, the earnings that they were entitled to receive were equal to or greater than 10 per cent of the Annual Earnings Threshold, if the member already was or became a member of the Canadian Forces during the first month of the first period and remained a member of the Canadian Forces, without any interruption of more than 60 days, until March 1, 2007; or

    • (b) in any other case, on the first day of the month following two consecutive periods of 12 months — the second of which shall end after March 1, 2007 — during each of which the earnings that they were entitled to receive were equal to or greater than 10 per cent of the Annual Earnings Threshold, if the member already was or became a member of the Canadian Forces during the first month of the first period and remained a member of the Canadian Forces without any interruption of more than 60 days throughout those two periods.

  • Marginal note:Subsequent participation

    (3) A pensioner or the former participant referred to in section 55 becomes a participant on the day in respect of which they are again entitled to receive earnings as a member.

  • Marginal note:Exception

    (4) A member shall not become a participant if the member is considered to be a member of the regular force on March 1, 2007 under paragraph 8.1(1)(a) of the Canadian Forces Superannuation Regulations or if the member, as a contributor, is in receipt of an immediate annuity or an annual allowance or is entitled to a deferred annuity or is a person in respect of whom the payment of a transfer value has been effected under Part I of the Act.