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  1. Public Service Superannuation Regulations - C.R.C., c. 1358 (Section 48)
    Public Service Superannuation Regulations
    • [...]

    • (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:

        • [...]

        • (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

          [...]

        • (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

        • [...]

        • (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

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

      [...]

    • (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are then payable shall become due and payable and, if not paid within 30 days, the election shall be deemed to have been revoked as to future payments, and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

        • [...]

        • (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.

    • [...]

    • (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.

    [...]


  2. Public Service Superannuation Regulations - C.R.C., c. 1358 (Section 36)
    Public Service Superannuation Regulations
    •  (1) Any contributor, to whom paragraph 10(6)(b) of the Act applies, who elected to count as pensionable service any period of elective service specified in clause 5(1)(b)(i)(A) of the Act, or who elects to count as pensionable service any period of elective service specified in clause 5(1)(b)(i)(B) who

      [...]

      • [...]

      • (d) to have received salary at a rate equal to the rate of salary authorized, at the relevant time, to be paid to a person holding, or performing the duties of, the full-time position in the public service which most nearly corresponds to the position held by the contributor, as determined by the Treasury Board.

    • (2) Any contributor to whom subparagraph 10(6)(c)(ii) of the Act applies or any contributor who has to their credit pensionable service that includes a period during which they were on active service in the forces during World War I or World War II, not having been employed in the public service immediately prior to their enlistment, who elected to count as pensionable service any period of elective service specified in clause 5(1)(b)(i)(A) of the Act, or who elects to count as pensionable service any period of elective service specified in clause 5(1)(b)(i)(B) and who, upon subsequently becoming employed in the public service, was engaged therein otherwise than on a full-time basis, shall be deemed, for the purposes of paragraph 10(6)(c) of the Act, to have been, while so engaged,

      • [...]

      • (b) to have received salary at a rate equal to the rate of salary authorized, at the relevant time, to be paid to a person holding, or performing the duties of, the full-time position in the public service which most nearly corresponds to the position held by the contributor, as determined by the Treasury Board.

    • (3) Any contributor who elected to count as pensionable service any period of elective service, specified in clause 5(1)(b)(i)(A) of the Act, or who elects to count as pensionable service any period of elective service, specified in clause 5(1)(b)(i)(B), during which they were engaged, otherwise than on a full-time basis, as a postmaster in a revenue post office or as an assistant to a postmaster in a revenue post office, shall be deemed, for the purposes of subsection 10(1) of the Act and for the purposes of paragraphs 10(6)(b) and (c) of the Act, to have been, while so engaged, employed in the public service if, in the case of an assistant to a postmaster in a revenue post office, the Deputy Postmaster General certifies in the form prescribed by the Minister, that

      • [...]

      • (b) their employment as an assistant to the postmaster was necessary to ensure the operation of the office in accordance with the ordinary standards of the postal service, having regard to the volume of work undertaken by the office from time to time.

    • (4) A contributor to whom subsection (3) applies shall be deemed, for the purposes specified therein, to have received, at the relevant time, salary at a rate certified by the Deputy Postmaster General to be the appropriate rate at which salary would have been payable to the contributor from time to time during their employment as a postmaster in a revenue post office, or an assistant to a postmaster in a revenue post office, in accordance with the relevant schedule of salaries in force at the time the contributor made the election to count the pensionable service referred to in subsection (3).

    • (5) The period of pensionable service to the credit of a person in respect of a time with regard to which they elected to contribute to the Superannuation Account on the basis that they were engaged, during that time, otherwise than on a full-time basis as a postmaster in a revenue post office or as an assistant to a postmaster in a revenue post office shall be the proportion of the period of their employment as such postmaster or assistant for which they have elected to contribute to the Superannuation Account that the rate of salary in respect of which they contributed or contribute for that period is of the minimum rate of salary authorized at the time of their election for a postmaster or for an assistant to a postmaster who was required during the hours or periods of their active employment to devote their constant attention to the performance of the duties of their position.

    • (6) Where an employee who is normally employed on a full-time basis at a position during only part of the year is, due to the seasonal nature of their employment, engaged other than on a full-time basis for any other period during the year and who during such other period receives a portion of the normal pay for employment on a full-time basis at their position, the employee shall be deemed during such other period

      • [...]

      • (b) to have been in receipt of such salary as they would have received had they in fact been engaged, during such other period, at their position on a full-time basis.

    • (7) Where a contributor who is normally employed at a position during the year on a full-time basis is, due to the granting of educational leave, engaged other than on a full-time basis for any other period during the year or during the entire year and who during such other period or during the entire year receives a portion of the normal pay for employment on a full-time basis at their position, the contributor shall be deemed during such period or such year

      • [...]

      • (b) to have been in receipt of such salary as they would have received had they in fact been engaged, during such other period or such year, at their position on a full-time basis.

    [...]


  3. Public Service Superannuation Regulations - C.R.C., c. 1358 (Section 18)
    Public Service Superannuation Regulations
    •  (1) A contributor who elected to pay for a period of service may revoke the election in whole or in part

      • (a) as to payments made and to be made for the period of service mentioned in the election if the contributor received erroneous information or misleading information in writing from a person employed in the public service who normally gives information as to the amount required to be paid under the Act for service and the contributor in making the election honestly acted upon that erroneous or misleading information;

      • (b) as to payments to be made for the period of service mentioned in the election if each payment is not less than 2% of their gross monthly salary and if, owing to circumstances beyond the control of and unforeseeable by them at the time they made the election, financial hardship would be caused to them if they were required to continue to pay for that service;

      • (c) as to payments to be made for the period of service mentioned in the election if, at the commencement date of their annuity or annual allowance, the monthly instalments that the contributor pays are greater than the increase, calculated in accordance with section 11 of the Act, in the monthly amount of the benefits payable that results from the election;

      • (d) after the contributor becomes entitled to an immediate annuity, as to payments to be made for the period of service mentioned in the election if the monthly instalments that the contributor pays are greater than the increase, calculated in accordance with section 11 of the Act, in the monthly amount of the benefits payable that would result from the election if the contributor were to begin to receive an immediate annuity;

      • (e) as to payments to be made for any portion of an election if any one of the foregoing paragraphs is applicable to the said portion of the election;

      • [...]

      • (g) as to payments made and to be made for the period of service mentioned in the election if, in the opinion of the Minister, that period of service was mentioned by the contributor inadvertently; or

      • (h) as to payments made and to be made for the period of service mentioned in the election if, subsequent to making the election, the contributor became entitled to count that period of service for the purpose of determining a superannuation or pension benefit other than that provided for under the Act.

    • (2) A contributor who revokes an election under paragraphs (1)(b), (c), (d) or (e) shall pay to Her Majesty an amount in respect of any benefit accruing to them during the subsistence of the election, as a consequence of their having elected, as the Minister determines in accordance with Canadian Life Table No. 2 (1941), Males or Females, as the case may be, together with interest at the rate of four per cent per annum.

    • (3) Any payment made by a contributor under subsection (2) as it read prior to June 12, 1968 in respect of any benefit accruing to them during the subsistence of an election made under the Act that they revoked under paragraph (1)(a) prior to March 31, 1969 shall be refunded to that contributor.

    • (4) The amount required to be paid by a contributor under subsection (2) may be recovered on behalf of Her Majesty as a debt due to the Crown from any benefit payable under the Act to or in respect of the contributor, without prejudice to any other recourse available to Her Majesty with respect to the recovery thereof.

    • (5) Where a contributor who revokes an election under subsection (1) has paid any amount pursuant to the election, the amount so paid shall be applied, firstly, in payment of the amount required to be paid by the contributor under subsection (2), and the remainder of the amount, if any, shall be applied as follows:

      [...]

    • (6) Where a contributor revokes an election under subsection (1) and further payments are required to be made by them, they shall make those payments in such amount and in such manner as the Minister determines and such payments shall be applied, firstly, in payment of the amount required to be paid by the contributor under subsection (2) if that amount has not already been paid, and the remainder of such payments, if any, shall be applied towards the purchase of that portion of the period of service (as determined by the Minister) mentioned in the election that has not been revoked, calculated in accordance with the provisions of the Act under which the election was made.

    • (7) Where an election to pay for a period of service is revoked by a contributor pursuant to paragraph (1)(a), (b), (c), (d), (e) or (h), it shall be deemed, as a condition of the revocation, for the purposes of clause 6(1)(b)(iii)(K) of the Act, that the contributor failed to make an election for that period of service within the time prescribed.

    • [...]

    • (9) Where a contributor makes an election pursuant to subsection (8), the amount of the contribution required to be paid by them shall be the amount they would otherwise have had to pay for that period of service under section 6 of the Act as that section read on the day on which the previous election for that service was made.

    [...]


  4. Public Service Superannuation Regulations - C.R.C., c. 1358 (Section 5)
    Public Service Superannuation Regulations
    •  (1) Where a contributor has elected to pay in instalments in respect of any period of service for which they have elected to pay into the Superannuation Account

      • (a) the first instalment shall be due and payable at the end of the month in which the election made by the contributor has been received by the Minister or by a person designated by the Minister pursuant to paragraph 14(1)(b) and succeeding instalments shall be payable monthly thereafter during the life of the contributor in equal amounts, except with respect to the last instalment which may be less in amount than the preceding instalments,

        [...]

        computed in accordance with Canadian Life Table No. 2 (1941), Males or Females, as the case may be, with interest at the rate of four per cent per annum;

      • (b) they may from time to time amend their payment plan to provide for payment of the instalments still to be paid

        • [...]

        • (ii) by larger monthly instalments on a basis similar to that described in paragraph (a) calculated as of the date of the amendment, or

        • (iii) by a lump sum and monthly instalments on a basis similar to that described in paragraph (a) calculated as of the date of the amendment and payable within the same or a lesser period than that previously arranged under paragraph (a); and

      • (c) in the case of an election involving more than one type or period of service where one or more of those periods is found to be invalid, they may reduce the payment to the minimum required for the valid period or periods of service so long as the period within which they pay for the said valid service is not lengthened.

    • (2) Where a contributor defaults in respect of an instalment payable by them, the Minister shall forthwith demand payment from the contributor of the amount in default (except that where a contributor is on leave of absence without pay the Minister shall not make such a demand until they cease to be on leave of absence without pay) and thereupon the amount in default, with interest as provided in subsection (7) to the date of demand, shall be payable,

      [...]

      as the contributor elects, the value of which, calculated as of the date of election of the contributor under this subsection, in accordance with Canadian Life Table No. 2 (1941), Males or Females, as the case may be, with interest at the rate of four per cent per annum, is the amount that is in default with interest to the date of demand; and if the contributor does not elect within 30 days from the date of the demand, they shall be deemed to have chosen the method specified in paragraph (b).

    • (3) A contributor to whom subsection (2) applies, in lieu of making an election under that subsection, may, before the expiration of the 30-day period mentioned therein, elect, subject to the approval of the Minister, to pay the instalments in default, with interest (notwithstanding subsection (7)) at the rate of four per cent per annum from the due date of each defaulted instalment until payment thereof, over a period equal to the period that the contributor is in default, such period to commence

      [...]

      whichever is later; and if the contributor dies before all of the said instalments, together with interest as provided herein, are paid, the unpaid instalments, together with interest as provided herein, continue to be payable by the contributor into the Superannuation Account.

    • (4) Where a contributor has elected to pay an amount in the manner prescribed in paragraph 7(6)(a) of the Act and the amount has not been paid by the contributor within a period of 30 days of the making of the election, the contributor shall be deemed to have elected to pay the said amount or the balance of the said amount then owing, as the case may be, by instalments calculated in accordance with subsection (1).

    • (5) Where a contributor ceases to be employed in the public service and becomes entitled to any benefits under the Act or is granted any benefit under the Superannuation Act before the amount payable by them under this section is paid, recovery may be made at any time by retention by way of deduction or set-off out of the benefit payable to the contributor

      [...]

      as the contributor elects, the value of which, calculated in accordance with Canadian Life Table No. 2 (1941), Males or Females, as the case may be, as of the date on which the contributor ceased to be employed, is the amount payable by them under this section with interest at the rate of four per cent per annum.

    • (6) Where at the death of a contributor any amount payable by them into the Superannuation Account is due and payable and is not paid, the Minister shall, if the amount with interest as provided in this section is not forthwith paid by the personal representative of the contributor, demand payment from the widow and children, or one or more of them, of the contributor, to whom an allowance is payable under the Act and if the amount which is due and payable with interest to the date of demand is not paid, it may be recovered at any time and, without prejudice to any other recourse available to Her Majesty with respect to the recovery thereof, recovery may be made at any time by retention, by way of deduction or set-off out of the allowance payable to the widow and children, or one or more of them,

      [...]

      as the recipient elects, with interest at the rate of four per cent per annum.

    • [...]

    • (9) For the purposes of this section, a demand by the Minister for payment of an amount is deemed to have been made on the day on which a letter, demanding payment, signed by or on behalf of the Minister, and addressed to the contributor or recipient, as the case may be, is placed in the mail.

    • [...]

    • (11) Where a contributor has elected to pay in instalments in respect of any period of service for which they have elected to pay to the Superannuation Account and any of the monthly instalments payable under the payment plan, with the exception of the last instalment, is less than $1, the Minister may amend the payment plan in such manner so as to provide that each monthly instalment, except the last instalment, shall be $1.

    [...]


  5. Public Service Superannuation Regulations - C.R.C., c. 1358 (Section 24)
    Public Service Superannuation Regulations
    • [...]

    • (2) Any period of non-elective service specified in clause 5(1)(a)(ii)(B) or any period of elective service specified in paragraph 5(1)(b) of the Act for which a contributor has elected to pay, shall be computed as follows:

      [...]

    • (3) For the purposes of this section, the number of hours or days in a relevant standard work week is the number of hours or days, as the case may be, that the employee in respect of whom the expression is being applied is or was ordinarily required to work in the relevant work week

      • (a) as determined by the Treasury Board; or

      • (b) in any case where the Treasury Board has not so determined, as established by the deputy head of the department or agency and approved by the Treasury Board.

    • [...]

    • (6) Notwithstanding anything in this section, the salary of a person during the time they served as a Commissioner under Part I of the Inquiries Act shall, in respect of each period of service, be computed in terms of an annual rate by dividing

      [...]

    • (7) Service as a Commissioner appointed under Part I of the Inquiries Act is deemed continuous during the period commencing on the date specified in the instrument of their appointment as their commencement date as a Commissioner and ending on the date they cease to act as that Commissioner.

    [...]



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