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An Act to amend the Canadian Forces Superannuation Act and to make consequential amendments to other Acts (S.C. 2003, c. 26)

Assented to 2003-11-07

An Act to amend the Canadian Forces Superannuation Act and to make consequential amendments to other Acts

S.C. 2003, c. 26

Assented to 2003-11-07

An Act to amend the Canadian Forces Superannuation Act and to make consequential amendments to other Acts

SUMMARY

This enactment makes changes to the pension benefit scheme provided under the Canadian Forces Superannuation Act (the “Act”). The key features of the revised scheme are: reduction of the minimum period for qualifying for a pension to two years; tying benefit eligibility to years of pensionable service rather than completion of a period of engagement in the Canadian Forces; and the providing of an immediate pension to a person who has completed twenty-five years of paid service in the Canadian Forces and has at least two years of pensionable service.

It provides regulation-making authority to adapt the provisions of the Act so as to apply it to prescribed members of the reserve force and to deal with other matters, such as elective service, that are presently provided for in the Act.

It consolidates a number of the regulation-making powers in the Act and makes certain structural improvements to the Act, such as moving general provisions that are presently in Part I of the Act to Part IV and making those provisions applicable to the whole Act.

The enactment contains transitional provisions and makes consequential amendments to other Acts, principally the Public Service Superannuation Act and the Royal Canadian Mounted Police Superannuation Act.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

R.S., c. C-17CANADIAN FORCES SUPERANNUATION ACT

  •  (1) The definitions “intermediate engagement”, “retirement age” and “short engagement” in subsection 2(1) of the Canadian Forces Superannuation Act are repealed.

  • (2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

    “member of the reserve force”

    « membre de la force de réserve »

    “member of the reserve force” means an officer or non-commissioned member of the reserve force;

 The Act is amended by adding the following after section 3:

APPLICATION TO CERTAIN RESERVE FORCE MEMBERS

Marginal note:Regulations
  • 3.1 (1) The Governor in Council may make regulations respecting the manner in which and the extent to which any provisions of Parts I, II and III, or of any regulations made under those Parts, apply to members or former members, or classes of members or former members, of the reserve force that are prescribed in those regulations and adapting any of those provisions for the purposes of that application.

  • Marginal note:Reserve force members who were deemed re-enrolled in regular force

    (2) For greater certainty, members of the reserve force who, immediately before the coming into force of this section, were deemed to be re-enrolled in the regular force under subsection 41(2) or (3) of this Act as it read immediately before its repeal are members, or classes of members, who may be prescribed by regulations made under subsection (1).

  • Marginal note:Reserve force members who were participants under Part II

    (3) For greater certainty, members of the reserve force who, immediately before the coming into force of this section, were participants within the meaning of paragraph (b) of the definition “participant” in subsection 60(1) of this Act as it read immediately before its repeal are members, or classes of members, who may be prescribed by regulations made under subsection (1) for the purposes of the application and adaptation of any provisions of Part II.

Marginal note:1999, c. 34, s. 117(2)

 The portion of subsection 5(5) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Other pensionable service

    (5) For the purpose of subsections (2) to (4), “other pensionable service” means service, other than service credited under a plan established in accordance with Part I.1, giving rise to a superannuation or pension benefit of a kind specified in the regulations payable

  •  (1) The portion of paragraph 6(a) of the French version of the Act before subparagraph (i) is replaced by the following:

    • a) le service ne donnant pas lieu à un choix, comprenant :

  • Marginal note:1992, c. 46, s. 34

    (2) Paragraph 6(b) of the Act is replaced by the following:

    • (b) elective service comprising

      • (i) any period of service for which a contributor has elected to pay under the provisions of this Act as it read immediately before the coming into force of this paragraph,

      • (ii) any period of service for which a contributor elects to pay under section 7, and

      • (iii) any period of service for which a contributor elects to pay under section 8.

Marginal note:1992, c. 46, ss. 35 to 38; 1999, c. 34, s. 119, ss. 120(1) and (2) and ss. 121 and 122

 Sections 6.1 to 9 of the Act are replaced by the following:

Marginal note:Elective service
  • 7. (1) A contributor may, subject to regulations made under subsection (2) and paragraphs 50(1)(b) and (c), elect to pay for any period of service, or part of a period of service, of a kind prescribed in the regulations.

  • Marginal note:Regulations

    (2) For the purposes of subsection (1), the Governor in Council may make regulations

    • (a) prescribing periods of service of a kind for which a contributor may elect to pay;

    • (b) prescribing the terms and conditions on which a contributor may elect to pay for periods of service, including terms and conditions on which a contributor may elect to pay for part only of a period of service and on which a contributor may be required to repay an amount that was paid to the contributor in respect of an annuity, annual allowance, pension or gratuity;

    • (c) respecting the manner of determining the amount that a contributor is required to pay for elective service and the terms and conditions of payment for that service, including terms and conditions for payment by instalments and the bases as to mortality and interest on which instalment payments are to be computed; and

    • (d) prescribing the circumstances in which an election made by a contributor is void.

  • Marginal note:Payment to Canadian Forces Pension Fund

    (3) Any amount required to be paid by a contributor in respect of any period of service for which they have elected to pay under this Part after the coming into force of this subsection shall be paid into the Canadian Forces Pension Fund.

  • Marginal note:Payment in respect of previous elections

    (4) Any amount that is required to be paid by a contributor after the coming into force of this subsection for a period of service for which they have elected to pay under the provisions of this Act as it read immediately before that coming into force shall be paid, in accordance with those provisions, into the Superannuation Account or the Canadian Forces Pension Fund, as the case may be.

Marginal note:Other elective service
  • 8. (1) A contributor may, within two years after the coming into force of this section, elect, in accordance with subsection (2) or (3), as the case may be, to pay for any period of service that they would have been entitled to count as elective service under section 6 of this Act as it read immediately before that coming into force if they were a member of the regular force continuously from the day immediately before that coming into force until the day on which they make the election.

  • Marginal note:Old rules applicable

    (2) If a contributor makes an election under subsection (1) to pay for a period of service for which they would not have been entitled to make an election under section 7, the provisions of this Act, and the regulations made under it, as they read immediately before the coming into force of this section, apply to an election under that subsection.

  • Marginal note:New rules applicable and election regarding cost

    (3) If a contributor makes an election under subsection (1) to pay for a period of service for which they would also have been entitled to make an election under section 7, then subsection 7(3) and the regulations made under subsection 7(2) apply to the election made under subsection (1), except that the contributor may further elect, in accordance with the regulations, for the provisions of this Act, and the regulations made under it, as they read immediately before the coming into force of this section, to apply to the determination of the amount to be paid for the period of service and the terms and conditions applicable to payment for that service.

Marginal note:Election for absence from duty
  • 9. (1) If, under any regulations made under paragraph 50(1)(e), a contributor is required to count as pensionable service for the purposes of this Act a period of service that exceeds three months, the contributor may, despite those regulations, elect, in accordance with the regulations, not to count as pensionable service that portion of the period that is in excess of three months.

  • Marginal note:Contributions not required

    (2) Despite section 5, a contributor who makes an election under subsection (1) is not required to contribute to the Superannuation Account or the Canadian Forces Pension Fund under that section in respect of the portion of the period to which the election relates.

  • Marginal note:Election for period of service before December 1, 1995

    (3) A contributor who makes an election under subsection (1) in respect of a period of service that ended before December 1, 1995 and who has, before that day, made some but not all of the contributions that are required to be made by the contributor to the Superannuation Account in respect of that period shall, at the time the election is made, cease to be required to make any further contributions to the Superannuation Account in respect of that period and shall count as pensionable service for the purposes of this Act such portion of that period as is prescribed by the regulations.

Marginal note:Amendment or revocation of election

9.1 An election under this Part may be amended by the elector, within the time prescribed by the regulations for the making of the election, by increasing the period or periods of service for which they elect to pay, and is otherwise irrevocable except under such circumstances and on such terms and conditions, including payment by the elector to Her Majesty of such amount in respect of any benefit accruing to the elector during the subsistence of the election, as a consequence of their having so elected, as is prescribed by the regulations.

Marginal note:Entitlement to benefits to cease on election

9.2 Despite anything in the Public Service Superannuation Act or the Royal Canadian Mounted Police Superannuation Act, on the making of any election under this Act to pay for service that they have to their credit under either of those Acts, the contributor so electing, and any person to whom any benefit might otherwise have become payable under the Public Service Superannuation Act or the Royal Canadian Mounted Police Superannuation Act, as the case may be, in respect of that contributor, cease to be entitled to any benefit under that Act in respect of any service of that contributor to which that election relates.

Marginal note:Regulations

9.3 The Governor in Council may make regulations prescribing the manner of determining the amount to be charged to the account maintained in the accounts of Canada, or the pension fund established pursuant to the Public Service Superannuation Act or the Royal Canadian Mounted Police Superannuation Act, as the case may be, and credited to the Canadian Forces Pension Fund or to the Superannuation Account, as the case may be, in respect of a contributor who elects to pay for a period of service that they were entitled to count for pension purposes under the Public Service Superannuation Act or the Royal Canadian Mounted Police Superannuation Act.

 The heading before section 10 of the Act is replaced by the following:

Benefits: Definitions, etc.
 

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