Jobs and Growth Act, 2012 (S.C. 2012, c. 31)
Full Document:
Assented to 2012-12-14
Marginal note:1999, c. 34, s. 75
491. (1) Paragraph 25(6)(a) of the Act is replaced by the following:
(a) an increase in the allowance payable to a child under paragraph 12(4)(b) or 12.1(5)(b); or
Marginal note:1999, c. 34, s. 75
(2) The portion of subsection 25(10) of the Act before paragraph (a) is replaced by the following:
Marginal note:Apportionment of allowance when two survivors
(10) When an annual allowance is payable under paragraph 12(4)(a) or 12.1(5)(a) or subsection 13(2) or 13.001(2) and there are two survivors of the contributor, the total amount of the annual allowance shall be apportioned so that
492. (1) Subsection 26(5) of the Act is replaced by the following:
Marginal note:Saving provision
(5) Nothing in this section prejudices any right that a child of an earlier marriage of the contributor has to an allowance under any of sections 12 to 13.001.
Marginal note:1999, c. 34, s. 76(3)
(2) Paragraph 26(7)(b) of the Act is replaced by the following:
(b) required by subsection 5(1.1) or (1.2), as it read on December 31, 2012, or by subsection 5(2) to contribute to the Superannuation Account or the Public Service Pension Fund.
Marginal note:1999, c. 34, s. 78(1)
493. (1) Subsection 27(1) of the Act is replaced by the following:
Marginal note:Minimum benefits
27. (1) This subsection applies to
(a) a contributor who was not required to contribute to the Superannuation Account under subsection 5(1) in the period that began on or after December 20, 1975 and that ended on December 31, 1999;
(b) a contributor who was not required to contribute to the Superannuation Account or the Public Service Pension Fund under subsection 5(1.1) or (1.2), as it read on December 31, 2012, in the period that began on or after January 1, 2000 and that ended on December 31, 2012; and
(c) a contributor who was not required to contribute to the Public Service Pension Fund under subsection 5(2).
If, on the death of such a contributor, there is no person to whom an allowance provided in this Part may be paid, or if the persons to whom that allowance may be paid die or cease to be entitled to that allowance and no other amount may be paid to them under this Part, any amount by which the amount of a return of contributions exceeds the aggregate of all amounts paid to those persons and to the contributor under this Part and the Superannuation Act shall be paid, as a death benefit, to the contributor’s estate or succession or, if less than $1,000, as the Minister may direct.
Marginal note:1999, c. 34, s. 78(2)
(2) The portion of subsection 27(2) of the Act before paragraph (a) is replaced by the following:
Marginal note:Minimum benefits
(2) If, on the death of a contributor who was required to contribute to the Superannuation Account under subsection 5(1) in the period that began on or after December 20, 1975 and that ended on December 31, 1999, a contributor who was required to contribute to the Superannuation Account or the Public Service Pension Fund under subsection 5(1.1) or (1.2), as it read on December 31, 2012, in the period that began on or after January 1, 2000 and that ended on December 31, 2012, or a contributor who was required to contribute to the Public Service Pension Fund under subsection 5(2), there is no person to whom an allowance provided in this Part may be paid, or if the persons to whom that allowance may be paid die or cease to be entitled to that allowance and no other amount may be paid to them under this Part, an amount equal to the amount by which
494. Paragraph 28(a) of the Act is replaced by the following:
(a) is less than 60 years of age, in the case of a Group 1 contributor described in subsection 12(0.1), or is less than 65 years of age, in the case of a Group 2 contributor described in subsection 12.1(1), and
Marginal note:1992, c. 46, s. 15; 1999, c. 34, s. 79; 2003, c. 22, subpar. 225(z.19)(xxv)(E)
495. Section 29 of the Act is replaced by the following:
Marginal note:Persons re-employed
29. If a person who is entitled, under any of subsections 12(1), 12.1(2), 13(1) or 13.001(1) or any regulations made for the purposes of section 24.2, to an annuity or an annual allowance is re-employed in the public service and becomes a contributor under this Part, whatever right or claim that he or she may have to the annuity or annual allowance shall be terminated without delay, but the period of service on which the benefit was based, except any period specified in clause 6(1)(a)(iii)(C) or (E), may be counted by that person as pensionable service for the purposes of subsection 6(1), except that if that person, on ceasing to be so re-employed, exercises his or her option under this Part in favour of a return of contributions, or is not entitled under this Part to any benefit other than a return of contributions, the amount so returned shall not include any amount paid into the Superannuation Account or the Public Service Pension Fund to his or her credit at any time before the time when he or she became re-employed, but whatever right or claim that, but for this section, he or she would have had to the annuity or annual allowance on ceasing to be so re-employed shall then be restored to him or her.
Marginal note:1999, c. 34, s. 86(1)
496. (1) Subparagraphs 39(2)(b)(iii) and (iv) of the Act are replaced by the following:
(iii) 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(1.1), as it read on December 31, 2003, in respect of that period or portion,
(iv) 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(1.2), as it read on December 31, 2012, in respect of that period or portion, and
(v) if that period or any portion of it was after 2012, in the manner set out in subsection 5(2) 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. 86(1)
(2) Subparagraphs 39(2)(c)(iii) and (iv) of the Act are replaced by the following:
(iii) 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(1.1), as it read on December 31, 2003, in respect of that period or portion,
(iv) 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(1.2), as it read on December 31, 2012, in respect of that period or portion, and
(v) if that period or any portion of it was after 2012, in the manner set out in subsection 5(2) and at the rates determined by the Treasury Board under that subsection, in respect of that period or portion,
Marginal note:1996, c. 18, s. 33
497. Subsection 40.2(8) of the Act is replaced by the following:
Marginal note:Payment of difference to employee who was not vested
(8) If the amount paid by the Minister to an eligible employer under subsection (3) in respect of an employee is less than the return of contributions to which that employee would otherwise be entitled under any of sections 12 to 13.001, the Minister shall pay to the employee an amount equal to the amount of the difference.
Marginal note:2008, c. 28, s. 158
498. (1) Paragraph 42(1)(v) of the Act is replaced by the following:
(v) respecting, for the purposes of paragraphs 13(1)(d) and 13.001(1)(d) and subsections 13(6) and 13.001(7), the method by which the amount of any annuity or annual allowance payable to a contributor described in paragraph 13(1)(a), (c) or (d) or 13.001(1)(a), (c) or (d), as the case may be, shall be adjusted;
(2) Subsection 42(1) of the Act is amended by adding the following after paragraph (x):
(x.1) specifying, for the purposes of section 24.6, the method by which the amount of any annuity or annual allowance shall be adjusted;
Marginal note:1999, c. 34, s. 92(1)
499. (1) Paragraph 42.1(1)(a) of the Act is replaced by the following:
(a) fixing an annual rate of salary for the purposes of subsection 5(6) or prescribing the manner of determining the annual rate of salary;
Marginal note:1999, c. 34, s. 92(2)
(2) Paragraph 42.1(1)(r) of the Act is repealed.
Marginal note:1992, c. 46, s. 22
(3) Subsection 42.1(2) of the Act is replaced by the following:
Marginal note:Retroactive application of regulations
(2) Regulations made under paragraph (1)(a), (f), (g), (h), (i), (m), (q), (s), (u) or (v) may, if they so provide, be retroactive and have effect with respect to any period before they are made.
Marginal note:1999, c. 34, s. 97
500. (1) Clause 46.3(3)(b)(ii)(B) of the Act is replaced by the following:
(B) for the period beginning on January 1, 2004, at the rate that the Board of Directors of the Corporation may fix from time to time, that Board being subject to the same restrictions in fixing the rate as is the Treasury Board under subsection 5(1.4), as it read on January 1, 2000;
(2) Section 46.3 of the Act is amended by adding the following after subsection (7):
Marginal note:Period beginning on January 1, 2013
(8) Each plan referred to in paragraph (1)(a) that was approved under subsection (3) is deemed to have included a provision indicating that, despite clause (3)(b)(ii)(B), each member will be required to contribute, by reservation from salary or otherwise, for the period beginning on January 1, 2013, at the rate that the Board of Directors of the Corporation may fix from time to time, which rate must not result in a total amount of contributions that would exceed 50% of the current service cost for the portion of the period in respect of the benefits payable under the plan.
- Date modified: