An Act to amend the Canadian Forces Superannuation Act and to make consequential amendments to other Acts (S.C. 2003, c. 26)
Full Document:
Assented to 2003-11-07
7. (1) The portion of section 10 of the Act before the definition “annuity” is replaced by the following:
Marginal note:Definitions
10. In this Act, except Part I.1,
Marginal note:1999, c. 34, s. 123
(2) The definitions “cash termination allowance” and “recipient” in section 10 of the Act are repealed.
(3) Section 10 of the Act is amended by adding the following in alphabetical order:
“transfer value”
« valeur de transfert »
“transfer value” means a lump sum amount, representing the value of the contributor’s pension benefits, as determined in accordance with the regulations.
8. Subsection 11(1) of the Act is replaced by the following:
Marginal note:Duration of payment, etc., to contributor
11. (1) Where an annuity or an annual allowance becomes payable under this Part to a contributor, it shall, subject to the regulations, be paid in equal monthly instalments in arrears and shall continue, subject to this Part, during the lifetime of the contributor and thereafter until the end of the month during which the contributor dies, and any amount in arrears thereof that remains unpaid at any time after their death shall be paid as provided in section 26, in respect of a death benefit.
9. Section 12 of the Act is replaced by the following:
Marginal note:Revocation of option
12. If a contributor has exercised an option under this Part, the option may be revoked and a new option exercised by the contributor, in accordance with the regulations.
Marginal note:1999, c. 34, s. 125
10. Paragraph 13(b) of the Act is replaced by the following:
(b) at the rates established in the regulations made under paragraph 50(1)(j) compounded quarterly, for any period beginning on or after January 1, 2001.
Marginal note:1992, c. 46, s. 39; 1999, c. 34, s. 126
11. Section 14 of the Act is repealed.
12. The Act is amended by adding the following before section 15:
Annuities: How Computed
Marginal note:1992, c. 46, s. 40(1)
13. (1) Subparagraph 15(1)(b)(iii) of the Act is replaced by the following:
(iii) the annual rate of pay that is fixed by the regulations made under paragraph 50(1)(g), or that may be determined in the manner prescribed by those regulations, and in force on the day on which the contributor most recently ceased to be a member of the regular force.
(2) Paragraph 15(2)(b) of the Act is replaced by the following:
(b) has not become entitled to a disability pension payable under paragraph 44(1)(b) of the Canada Pension Plan or a provision of a provincial pension plan,
Marginal note:1992, c. 46, s. 40(2)
(3) Subsection 15(4) of the Act is replaced by the following:
Marginal note:Pay deemed to have been received during certain periods
(4) For the purposes of this section, a contributor who has to their credit pensionable service that includes any period of service referred to in paragraph 6(b) is deemed to have received during that period pay determined in accordance with the regulations.
Marginal note:1999, c. 34, s. 130(3)
14. The heading before section 16 and sections 16 to 24 of the Act are replaced by the following:
Benefits Payable to Contributors
Marginal note:Immediate annuity
16. (1) A contributor who ceases to be a member of the regular force and who has to their credit two or more years of pensionable service is entitled to an immediate annuity if
(a) they have completed not less than 25 years of Canadian Forces service as prescribed by regulations made under paragraph 50(1)(m);
(b) they have reached 60 years of age;
(c) they have reached 55 years of age and have to their credit not less than 30 years of pensionable service;
(d) they are disabled and have to their credit not less than 10 years of pensionable service; or
(e) they cease, otherwise than voluntarily, to be a member of the regular force because of a reduction in the maximum number of officers or non-commissioned members of the regular force authorized by the Governor in Council under section 15 of the National Defence Act or they cease, otherwise than voluntarily, to be a member of the regular force in any circumstances specified by the Treasury Board, and
(i) they have reached 55 years of age and have to their credit not less than 10 years of pensionable service, or
(ii) they have to their credit not less than 20 years of pensionable service.
Marginal note:Regulations
(2) Despite paragraph (1)(a), the Governor in Council may make regulations establishing, for officers, according to their rank, a number of years of Canadian Forces service greater than the minimum number of 25 years referred to in that paragraph and providing for that number to be reduced to 25 years over a maximum period of five years from the coming into force of this section, in the case of
(a) contributors who are members of the regular force on the coming into force of this section; and
(b) contributors who are entitled to an annuity on the coming into force of this section and who are subsequently re-enrolled in the regular force.
Marginal note:Deferred annuity
17. A contributor who ceases to be a member of the regular force, who has to their credit two or more years of pensionable service and who is not entitled to an immediate annuity, is entitled to a deferred annuity.
Marginal note:Annual allowance
18. (1) A contributor who is entitled to a deferred annuity may opt, in accordance with the regulations, for an annual allowance in place of the deferred annuity. The allowance is payable to the contributor
(a) immediately, if they are 50 or more years of age when they exercise their option; or
(b) on their reaching 50 years of age, if they are less than 50 years of age when they exercise their option.
Marginal note:Amount of allowance
(2) The amount of the annual allowance is equal to the amount of the deferred annuity, reduced by the product obtained by multiplying five per cent of the amount of that annuity by the number of years by which the contributor’s age in years, to the nearest one-tenth of a year, at the time the allowance is payable is less than 60.
Marginal note:Alternative amount
(3) If a contributor is 50 years or more of age when they cease to be a member of the regular force and has not less than 25 years of pensionable service to their credit, the amount of the annual allowance is the greater of
(a) the amount calculated under subsection (2), and
(b) the amount of the deferred annuity reduced by the product obtained by multiplying five per cent of the amount of that annuity by the greater of
(i) 55 minus the contributor’s age in years at the time they exercise their option, to the nearest one-tenth of a year, and
(ii) 30 minus the number of years of pensionable service to their credit, to the nearest one-tenth of a year.
Marginal note:Adjustment
(4) If a contributor who was receiving an annual allowance payable under subsection (1) re-enrols in the regular force, the amount of any annuity or annual allowance to which that contributor may become entitled under this Part on again ceasing to be a member of the regular force shall be adjusted in accordance with the regulations to take into account the amount of the annual allowance they have received.
Marginal note:Alternative annuity for certain members
19. (1) Subject to regulations made under subsection (2), a contributor who ceases to be a member of the regular force, having been a member continuously from the day immediately before the coming into force of this section until the day on which they ceased to be a member, is entitled, at their option, in place of any other benefit under this Part to which they would otherwise be entitled in respect of the pensionable service that they have to their credit, to an annuity, which may be adjusted in accordance with those regulations, payable from the day on which they cease to be a member of the regular force.
Marginal note:Regulations
(2) The Governor in Council may make regulations prescribing the circumstances in which a contributor may exercise an option under subsection (1), the manner of and time for exercising an option and the manner in which the amount of an annuity may be adjusted.
Marginal note:Return of contributions
20. A contributor who ceases to be a member of the regular force and who has to their credit less than two years of pensionable service is entitled to a return of contributions.
Marginal note:Benefit payable in case of disability after retirement
21. (1) A contributor who, not having reached 60 years of age but having become entitled under this Part to a deferred annuity or to an annual allowance, becomes entitled to a disability pension under the Canada Pension Plan or a provincial pension plan, ceases to be entitled to that deferred annuity or annual allowance, as the case may be, and becomes entitled to an immediate annuity.
Marginal note:Adjustment
(2) If a contributor ceases under subsection (1) to be entitled to an annual allowance, the immediate annuity shall be adjusted in accordance with the regulations to take into account the amount of the annual allowance that the contributor has received.
Marginal note:Benefit where entitlement to disability pension ceases
(3) A contributor who, not having reached 60 years of age but having become entitled under subsection (1) to an immediate annuity, has ceased to be entitled to a disability pension under the Canada Pension Plan or a provincial pension plan ceases to be entitled to that immediate annuity and becomes entitled to a deferred annuity or to the annual allowance to which they were originally entitled, as the case may be.
Marginal note:Transfer value
22. (1) Despite any other provision of this Act but subject to the regulations, a contributor who has ceased to be a member of the regular force, has to their credit two or more years of pensionable service and is not entitled to an immediate annuity is entitled, in place of any other benefit under this Act to which they would otherwise be entitled in respect of the pensionable service that they have to their credit, to a transfer value that is payable to the contributor in accordance with subsection (2).
Marginal note:Where transferred
(2) The payment of a transfer value to which a contributor may be entitled under subsection (1) is effected by transferring it to, at the direction of the contributor,
(a) a pension plan selected by the contributor that is registered under the Income Tax Act, if that pension plan so permits;
(b) a retirement savings plan or fund for the contributor that is of the kind prescribed by the regulations; or
(c) a financial institution authorized to sell immediate or deferred life annuities of the kind prescribed by the regulations, for the purchase from that financial institution of such an annuity for the contributor.
Marginal note:Election to pay by instalments
(3) If a contributor who is entitled to a transfer value has elected to pay for a period of pensionable service by means of instalments, the transfer value to be determined in accordance with the regulations shall be determined by reference to the portion of the period of pensionable service that the contributor has paid for at the time prescribed in the regulations.
Marginal note:Period to exercise option under former provisions
23. (1) A contributor who ceases to be a member of the regular force before the coming into force of this section and has not exercised their option in favour of a benefit under sections 16 to 22, as those sections read immediately before that coming into force, may, in accordance with the provisions of this Act as it read immediately before that coming into force, exercise that option at any time within one year after the day on which they cease to be a member.
Marginal note:Failure to exercise option
(2) If a contributor fails to exercise an option within the period set out in subsection (1), they are deemed to have exercised it in favour of a deferred annuity.
Marginal note:Becoming a contributor under other Acts
(3) If a contributor becomes a contributor under the Public Service Superannuation Act or the Royal Canadian Mounted Police Superannuation Act without having exercised, or been deemed to have exercised, an option referred to in subsection (1), they are deemed to have exercised it immediately before becoming a contributor under whichever of those Acts is applicable in favour of a deferred annuity.
- Date modified: