Coming into Force

Marginal note:Order in council

• 463. (1) Subsections 433(1) and (3), 434(1), 435(1), (2), (4), (6) and (8), 436(1), (4), (5) and (7), 437(1), (3) and (5), 438(1), 439(1), 440(1) and (3), 441(1), 442(1), 443(1) and 445(2), sections 447 and 452 to 460 and subsection 461(1) come into force on a day to be fixed by order of the Governor in Council.

• Marginal note:Order in council under section 448

  (2) Subsections 439(3), 442(2), 443(2) and 461(2) come into force on the first day on which the Governor in Council makes an order under section 448.

• Marginal note:Order in council

  (3) Subsection 439(2) comes into force on a day, after the day referred to in subsection (2), to be fixed by order of the Governor in Council.

• Marginal note:2012, c. 19

  (4) Subsections 433(2) and (4), 434(2), 435(3), (5), (7) and (9), 436(2), (6) and (8), 437(2), (4) and (6), 438(2), 440(2) and (4) and 441(2) come into force on the day on which subsection 609(2) of the Jobs, Growth and Long-term Prosperity Act comes into force.

Division 23Public Sector Pensions

R.S., c. C-17Canadian Forces Superannuation Act

Amendments to the Act

Marginal note:1999, c. 34, s. 115(1)

464. The portion of the definition “contributor” in subsection 2(1) of the Canadian Forces Superannuation Act before paragraph (b) is replaced by the following:

Marginal note:1992, c. 46, s. 33; 1999, c. 34, s. 117; 2003, c. 26, s. 3

465. Section 5 of the Act is replaced by the following:

Marginal note:1999, c. 34, s. 118(1)

466. Clause 6(a)(ii)(A) of the Act is replaced by the following:

Marginal note:1999, c. 34, s. 120(1)

• 467. (1) Subparagraphs 7(1)(c)(iv) and (v) of the Act are replaced by the following:

  • (iv) if that period or any portion of it was after 1999 but before January 1, 2004, in the manner and at the rates set out in subsection 5(1), as it read on December 31, 2003, in respect of that period or portion,

  • (v) if that period or any portion of it was after 2003 but before January 1, 2013, in the manner and at the rates determined under subsection 5(1.01), as it read on December 31, 2012, in respect of that period or portion, and

  • (vi) if that period or any portion of it was after 2012, in the manner set out in subsection 5(1) and at the rates determined by the Treasury Board under that subsection, in respect of that period or portion,

• Marginal note:1999, c. 34, s. 120(1)

  (2) Subparagraphs 7(1)(d)(iv) and (v) of the Act are replaced by the following:

  • (iv) if that period or any portion of it was after 1999 but before January 1, 2004, in the manner and at the rates set out in subsection 5(1), as it read on December 31, 2003, in respect of that period or portion,

  • (v) if that period or any portion of it was after 2003 but before January 1, 2013, in the manner and at the rates determined under subsection 5(1.01), as it read on December 31, 2012, in respect of that period or portion, and

  • (vi) if that period or any portion of it was after 2012, in the manner set out in subsection 5(1) and at the rates determined by the Treasury Board under that subsection, in respect of that period or portion,

• Marginal note:1999, c. 34, s. 120(2)

  (3) Subparagraphs 7(1)(g)(iv) and (v) of the Act are replaced by the following:

  • (iv) if that period or any portion of it was after 1999 but before January 1, 2004, in the manner and at the rates set out in subsection 5(1), as it read on December 31, 2003, in respect of that period or portion,

  • (v) if that period or any portion of it was after 2003 but before January 1, 2013, in the manner and at the rates determined under subsection 5(1.01), as it read on December 31, 2012, in respect of that period or portion, and

  • (vi) if that period or any portion of it was after 2012, in the manner set out in subsection 5(1) and at the rates determined by the Treasury Board under that subsection, in respect of that period or portion,

• (4) Section 7 of the Act is amended by adding the following after subsection (1):

  • Marginal note:Amount to be paid

    (1.1) Despite paragraphs 7(1)(j) and (k), if a contributor has elected under clause 6(b)(ii)(J) or (K) to count as pensionable service a period of service in respect of which he or she was entitled to a transfer value and payment of that transfer value has been effected under section 22, the contributor is required to pay in respect of that period of service an amount determined in the prescribed manner.

468. Subsection 9(1) of the Act is replaced by the following:

Marginal note:1999, c. 34, s. 127

469. Subsection 15(5) of the Act is replaced by the following:

Marginal note:1999, c. 34, s. 142(2)

470. Subsection 41(3) of the Act is replaced by the following:

Marginal note:1999, c. 34, s. 145

• 471. (1) Paragraph 49.1(2)(b) of the Act is replaced by the following:

  • (b) three members appointed from among persons required to contribute to the Canadian Forces Pension Fund who are nominated for appointment by the Chief of the Defence Staff to represent persons serving in the Canadian Forces;

• Marginal note:1999, c. 34, s. 145

  (2) Paragraph 49.1(2)(d) of the Act is replaced by the following:

  • (d) five other members appointed by the Minister, four of whom must be from among persons required to contribute to the Canadian Forces Pension Fund and one of whom may be a person required to contribute to any other superannuation or pension account in the accounts of Canada or the Public Service Pension Fund within the meaning of the Public Service Superannuation Act or the Royal Canadian Mounted Police Pension Fund within the meaning of the Royal Canadian Mounted Police Superannuation Act.

Marginal note:2003, c. 26, s. 23

472. Paragraph 50(1)(g) of the Act is replaced by the following:

1992, c. 46, Sch. IConsequential Amendment to the Special Retirement Arrangements Act

Marginal note:2002, c. 17, s. 29(2)

473. Paragraph 11(3)(b) of the Special Retirement Arrangements Act is replaced by the following:

Coordinating Amendments

Marginal note:2003, c. 26

• 474. (1) In this section, “other Act” means An Act to amend the Canadian Forces Superannuation Act and to make consequential amendments to other Acts, chapter 26 of the Statutes of Canada, 2003.

• (2) If section 5 of the other Act comes into force before subsections 467(1) to (3) of this Act, then those subsections 467(1) to (3) are repealed.

• (3) If section 5 of the other Act comes into force on the same day as subsections 467(1) to (3) of this Act, then those subsections 467(1) to (3) are deemed to have come into force before that section 5.

• (4) If section 5 of the other Act comes into force before subsection 467(4) of this Act, then that subsection 467(4) and section 468 of this Act are repealed.

• (5) If section 5 of the other Act comes into force on the same day as subsection 467(4) of this Act, then that subsection 467(4) and section 468 of this Act are deemed to have come into force before that section 5.

• (6) If section 21 of the other Act comes into force before section 470 of this Act, then that section 470 is repealed.

• (7) If section 21 of the other Act comes into force on the same day as section 470 of this Act, then that section 470 is deemed to have come into force before that section 21.

R.S., c. P-36Public Service Superannuation Act

Amendments to the Act

Marginal note:1999, c. 34, s. 53(2)

475. The portion of the definition “contributor” in subsection 3(1) of the Public Service Superannuation Act before paragraph (b) is replaced by the following:

Marginal note:1999, c. 34, s. 55(1); 2003, c. 22, subpar. 225(z.19)(iv)(E)

• 476. (1) The portion of subsection 5(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Persons required to contribute

  • 5. (1) Subsections (2) and (3) apply to persons employed in the public service, other than

• Marginal note:1999, c. 34, s. 55(2)

  (2) Paragraph 5(1)(d) of the Act is repealed.

• Marginal note:1999, c. 34, s. 55(4)

  (3) Subsections 5(1.1) to (4) of the Act are replaced by the following:

  • Marginal note:Contribution rates — 2013 and later

    (2) A person is required to contribute to the Public Service Pension Fund, in respect of every portion of the period beginning on January 1, 2013, by reservation from salary or otherwise, at the contribution rates determined by the Treasury Board in respect of that portion on the recommendation of the Minister.

  • Marginal note:Contribution rates — 35 years of service

    (3) A person who has to his or her credit, on or after January 1, 2013, a period of pensionable service — or a period of pensionable service and other pensionable service — totalling at least 35 years is not required to contribute under subsection (2) but is required to contribute, by reservation from salary or otherwise, to the Public Service Pension Fund, in respect of the period beginning on the later of January 1, 2013 and the day on which the person has to his or her credit those 35 years, in addition to any other amount required under this Act, at the rates determined by the Treasury Board on the recommendation of the Minister.

  • Marginal note:Limitation — determination of contribution rates

    (4) In determining the contribution rates of Group 1 contributors described in subsection 12(0.1) and of Group 2 contributors described in subsection 12.1(1) for the purposes of subsections (2) and (3), the rates must not result in a total amount of contributions that would exceed 50% of the current service cost of Group 1 or Group 2, as the case may be, for the portion of the period in respect of the benefits payable under Parts I and III.

• Marginal note:1999, c. 34, s. 55(4)

  (4) 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 subsection (3), “other pensionable service” means years of service giving rise to a superannuation or pension benefit of a kind specified in the regulations that is payable

• Marginal note:1999, c. 34, s. 55(4)

  (5) Subsection 5(6) of the Act is replaced by the following:

  • Marginal note:Contributions not required

    (6) Despite anything in this Part, no person shall, in respect of any period of his or her service on or after December 15, 1994, make a contribution under this Part in respect of any portion of his or her annual rate of salary that is in excess of the annual rate of salary that is fixed by or determined in the manner prescribed by the regulations.