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20 Where a transfer has been effected pursuant to section 8 of the Act, the pension benefits of the member shall be adjusted

• (a) in accordance with sections 21 and 22, where the member is entitled to a pension under the member’s pension plan;

• (b) in accordance with section 23, where the member is entitled to a return of contributions or a cash termination allowance;

• (c) in accordance with subsection 23.1(1), if the member has directed that a payment be made to an eligible employer under a transfer agreement entered into under section 40.2 of the Public Service Superannuation Act; and

• (d) in accordance with subsection 23.1(1.1), if the member has directed that a payment be made to an eligible employer under a transfer agreement entered into under section 24.1 of the Royal Canadian Mounted Police Superannuation Act.

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• 23.1 (1) Any amount to be paid in respect of a member to an eligible employer pursuant to a transfer agreement entered into under section 40.2 of the Public Service Superannuation Act, or to be paid to the member as a consequence of that payment, shall be reduced by the actuarial present value of the reduction that would have been made to the member’s pension benefits under sections 20 and 21 had the member remained employed in the Public Service.

• (1.1) Any amount to be paid in respect of a member to an eligible employer under a transfer agreement entered into under section 24.1 of the Royal Canadian Mounted Police Superannuation Act, or to be paid to the member as a consequence of that payment, shall be reduced by the actuarial present value of the reduction that would have been made to the member’s pension benefits under sections 20 and 21 had the member remained a member of the Royal Canadian Mounted Police.

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• 2 (1) In these Regulations,

  Act

  Act means the Pension Benefits Division Act; (Loi)

  annuity

  annuity means, in respect of a member, a benefit calculated in accordance with

  • (a) subsection 11(1) of the Public Service Superannuation Act,

  • (b) subsection 15(1) of the Canadian Forces Superannuation Act,

  • (c) subsection 10(1) of the Royal Canadian Mounted Police Superannuation Act,

  • (d) section 14, 15, 16, 17, 36 or 37, or subsection 48(1), as applicable, of the Members of Parliament Retiring Allowances Act,

  • (e) subsection 5(2) of the Diplomatic Service (Special) Superannuation Act,

  • (f) subsection 3(2) of the Lieutenant Governors Superannuation Act,

  • (g) section 6 of the Governor General’s Act,

  • (h) subsection 3(1) of the Defence Services Pension Continuation Act, R.S.C. 1970, c. D-3, in respect of an officer or subsection 13(1) of that Act in respect of a militiaman, and

  • (i) section 10 of the Royal Canadian Mounted Police Pension Continuation Act, R.S.C. 1970, c. R-10, in respect of an officer or subsection 34(1) of that Act in respect of a constable; (rente)

  applicant

  applicant includes a personal representative and a person acting on behalf of an interested party; (demandeur)

  interested party

  interested party means an interested party within the meaning of subsection 5(4) of the Act; (intéressé)

  minimum death benefit

  minimum death benefit means, with respect to a member, the benefit payable under

  • (a) section 27 of the Public Service Superannuation Act,

  • (b) section 38, 39 or 40 of the Canadian Forces Superannuation Act,

  • (c) section 22 of the Royal Canadian Mounted Police Superannuation Act, and

  • (d) section 61 of the Members of Parliament Retiring Allowances Act; (prestation minimale de décès)

  recipient

  recipient , in respect of a member, means that the member is

  • (a) a recipient as defined in

    • (i) section 74 of the Canadian Forces Superannuation Act,

    • (ii) section 35 of the Royal Canadian Mounted Police Superannuation Act,

    • (iii) section 64 of the Public Service Superannuation Act, or

    • (iv) section 2 of the Supplementary Retirement Benefits Act, or

  • (b) a member receiving supplementary benefits under Part IV of the Members of Parliament Retiring Allowances Act; (prestataire)

  return of contributions

  return of contributions , with respect to a member of a pension plan provided under

  • (a) the Public Service Superannuation Act, has the same meaning as in subsection 10(1) of that Act,

  • (b) the Canadian Forces Superannuation Act, has the same meaning as in section 10 of that Act,

  • (c) the Royal Canadian Mounted Police Superannuation Act, has the same meaning as in subsection 9(1) of that Act,

  • (d) the Members of Parliament Retiring Allowances Act, means a withdrawal allowance determined in accordance with section 18 or 38 of that Act,

  • (e) the Diplomatic Service (Special) Superannuation Act, means a return of contributions referred to in subsection 5(8) of that Act, and

  • (f) the Lieutenant Governors Superannuation Act, means a return of contributions referred to in subsection 3(4) of that Act; (remboursement de cotisations)

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• (3) For the purposes of these Regulations, pensionable service to the credit of a member under the member’s pension plan accrued during the period subject to division includes

  • [...]

  • (e) any period of service credited to the member before valuation day by reason of an election made under clause 6(1)(b)(iii)(M) of the Public Service Superannuation Act, in the proportion that

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• (4) For the purposes of these Regulations, except section 18, if a member of a pension plan referred to in paragraph (a) of the definition pension plan in section 2 of the Act is subject to a retirement compensation arrangement established under section 10 or 11 of the Special Retirement Arrangements Act and is required to contribute to or is eligible to receive benefits from the Retirement Compensation Arrangements Account, and those benefits are determined by reference to the benefits payable under that pension plan, the pension benefits accrued under that retirement compensation arrangement are considered to have been accrued under that pension plan.

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• 15 (1) In determining the actuarial present value of a member's accrued pension benefits, the following actuarial assumptions are to be used:

  • (a) if the member is employed on valuation day

    • [...]

    • (ii) the mortality rates for current and former contributors, including mortality projection factors, used in the preparation of the report referred to in subparagraph (i), or the mortality rates, including mortality projection factors, referred to in the section entitled “Pension Commuted Values” of the Standards of Practice – Practice-Specific Standards for Pension Plans (the “Standards”), published by the Canadian Institute of Actuaries, as amended from time to time, whichever will produce the greater actuarial present value of a member’s accrued pension benefits;

• (2) The last actuarial valuation report for the pension plans referred to in subparagraphs (a)(iii) and (v) of the definition pension plan in section 2 of the Act shall be the last actuarial valuation report in respect of the pension plans referred to in subparagraphs (a)(ii) and (iv), respectively, of that definition.

• (3) The last actuarial valuation report for the pension plans referred to in subparagraphs (a)(vi), (vii) and (viii) of the definition pension plan in section 2 of the Act shall be the last actuarial valuation report in respect of the pension plan laid before Parliament under the Public Service Superannuation Act.

• (4) For the purposes of this section, the last actuarial valuation report is the most recent actuarial valuation report laid before Parliament in accordance with section 9 of the Public Pensions Reporting Act or, if the actuarial valuation report has been tabled in the month in which valuation day occurs or in the preceding month, the immediately previously tabled report.

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11 The Minister may refuse to provide information in response to a request for information made by a spouse, former spouse, common-law partner or former common-law partner under subsection 13(2) of the Act or section 12 if the Minister has responded within the preceding 12 months to a similar request made by that person, unless, since that previous request,

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