Canadian Forces Superannuation Act (R.S.C., 1985, c. C-17)

Short Title

Marginal note:Short title

1 This Act may be cited as the Canadian Forces Superannuation Act.

Interpretation

Marginal note:Definitions

• 2 (1) In this Act,

  Canadian Forces Pension Fund

  Canadian Forces Pension Fund means the fund established under section 55.2; (Caisse de retraite des Forces canadiennes)

  Canadian Forces Superannuation Investment Fund

  Canadian Forces Superannuation Investment Fund means the fund established under section 55.1; (Fonds de placement du compte de pension de retraite des Forces canadiennes)

  child

  child means a child or stepchild of — or an individual adopted either legally or in fact by — a contributor, who at the time of the contributor’s death was dependent on the contributor for support; (enfant)

  contributor

  contributor means a person who is required by section 5 to contribute to the Canadian Forces Pension Fund, and includes, unless the context otherwise requires,

  • (a) a person who has ceased to be required by this Act to contribute to the Superannuation Account or the Canadian Forces Pension Fund, and

  • (b) for the purposes of sections 26 to 35 and 38 to 40, a contributor under Part V of the former Act who has become entitled to a pension under that Part or has died; (contributeur)

  disabled

  disabled, as applied to any member of the regular force, has reference to any condition rendering him mentally or physically unfit to perform his duties as such member; (invalide)

  former Act

  former Act means the Defence Services Pension Act, chapter 63 of the Revised Statutes of Canada, 1952, as it read before March 1, 1960, and includes, unless the context otherwise requires, any other enactment of Parliament providing for the payment of pensions to members of the regular force based on length of service, other than this Act; (ancienne loi)

  intermediate engagement

  intermediate engagement[Repealed, 2003, c. 26, s. 1]

  member of the regular force

  member of the regular force means an officer or non-commissioned member of the regular force; (membre de la force régulière)

  member of the reserve force

  member of the reserve force means an officer or non-commissioned member of the reserve force; (membre de la force de réserve)

  Minister

  Minister means the Minister of National Defence; (ministre)

  officer

  officer means a commissioned or subordinate officer of the regular force; (officier)

  pay

  pay, as applied to the Canadian Forces, means pay at the rates prescribed or established under the National Defence Act for the rank held by the person in respect of whom the expression is being applied, together with the allowances prescribed by the regulations made under this Act for that rank, and, as applied to the public service or the Royal Canadian Mounted Police, means the salary or pay and allowances, as the case may be, applicable in the case of that person, as determined under the Public Service Superannuation Act or the Royal Canadian Mounted Police Superannuation Act; (solde)

  provincial pension plan

  provincial pension plan has the same meaning as in the Canada Pension Plan; (régime provincial de pensions)

  public service

  public service has the meaning given that expression in subsection 3(1) of the Public Service Superannuation Act; (fonction publique)

  rank

  rank includes appointment; (grade)

  regular force

  regular force means the regular force of the Canadian Forces and includes

  • (a) the forces known before February 1, 1968 as the regular forces of the Canadian Forces, and

  • (b) the forces known before February 1, 1968 as the Royal Canadian Navy, the Canadian Army Active Force, the Permanent Active Militia, the Permanent Militia Corps, the permanent staff of the Militia, the Royal Canadian Air Force (Regular) and the Permanent Active Air Force; (force régulière)

  retirement age

  retirement age[Repealed, 2003, c. 26, s. 1]

  salary

  salary as applied to a member of the Canadian Forces means the pay received by the member from employment as a member of the Canadian Forces; (traitement)

  short engagement

  short engagement[Repealed, 2003, c. 26, s. 1]

  Superannuation Account

  Superannuation Account means the Canadian Forces Superannuation Account referred to in section 4; (compte de pension de retraite)

  supplementary benefit

  supplementary benefit means a supplementary benefit payable under Part III; (prestation supplémentaire)

  survivor

  survivor, in relation to a contributor, means

  • (a) a person who was married to the contributor at the time of the contributor’s death, or

  • (b) a person referred to in subsection 29(1). (survivant)

• (2) [Repealed, 1999, c. 34, s. 115]

• Marginal note:References to R.C.M.P. Superannuation Act

  (3) A reference in this Act to the Royal Canadian Mounted Police Superannuation Act shall be construed as including a reference to any other enactment of Parliament in force either before or after March 1, 1960 providing for the payment of pensions to members of the Royal Canadian Mounted Police based on length of service.

• Marginal note:Employment in forces pensionable employment

  (4) Except as provided in the regulations, employment as a member of the Canadian Forces is not excepted employment for the purposes of the Canada Pension Plan.

Equality of Status

Marginal note:Status of males and females

3 Male and female contributors under this Act have equality of status and equal rights and obligations under this Act.

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.

PART ISuperannuation

Eligibility for Benefits

Marginal note:Eligibility

• 4 (1) Subject to this Act, an annuity or other benefit specified in this Act shall be paid to or in respect of every person who, being required to contribute to the Superannuation Account or the Canadian Forces Pension Fund in accordance with this Act, ceases to be a member of the regular force or dies, and that annuity or other benefit shall, subject to this Act, be based on the number of years of pensionable service to the credit of that person.

• Marginal note:Superannuation Account

  (2) The Permanent Services Pension Account in the accounts of Canada, established pursuant to the former Act, is hereby continued under the name of the Canadian Forces Superannuation Account.

Contributions

Marginal note:Contribution rates — 2013 and later

• 5 (1) A member of the regular force, except a person described in subsection (6), is required to contribute to the Canadian Forces 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 joint recommendation of the President of the Treasury Board and the Minister.

• Marginal note:Contribution rates — 35 years of service

  (2) 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 (1) but is required to contribute, by reservation from salary or otherwise, to the Canadian Forces 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 joint recommendation of the President of the Treasury Board and the Minister.

• Marginal note:Limitation — determination of contribution rate

  (3) In determining the contribution rates for the purposes of subsections (1) and (2), the rates must not exceed the rates paid under section 5 of the Public Service Superannuation Act by Group 1 contributors who are described in subsection 12(0.1) of that Act.

• Marginal note:Other pensionable service

  (4) For the purpose of subsection (2), other pensionable service means years of 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 that is payable

  • (a) out of the Consolidated Revenue Fund, or out of any account in the accounts of Canada other than the Superannuation Account; or

  • (b) out of 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:Contributions not required

  (5) 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 pay that is in excess of the annual rate of pay that is fixed by or determined in the manner prescribed by the regulations.

• Marginal note:Exceptions

  (6) The exceptions are

  • (a) a member who, immediately before March 1, 1960, was a member of the regular force but not a contributor under Part V of the former Act and who has not elected under subsection 18(2) of the Canadian Forces Superannuation Act, chapter C-9 of the Revised Statutes of Canada, 1970, to become a contributor under this Act; and

  • (b) a person on leave of absence from employment outside the regular force who, in respect of current service continues to contribute to or under any superannuation or pension fund or plan established for the benefit of employees of the employer from whose employment the member is absent.

Pensionable Service

Marginal note:Pensionable service

6 Subject to this Act, the following service may be counted by a contributor as pensionable service for the purposes of this Act, namely,

• (a) non-elective service, comprising,

  • (i) in the case of a contributor who, immediately before March 1, 1960, was a contributor under Part V of the former Act, any period of service that he would have been entitled to count for the purposes of computing any pension or gratuity under that Part had he, at that time, retired from the regular force, except any such period for which he elected under that Part to pay, and

  • (ii) in the case of any contributor,

    • (A) any period during which he or she was required by subsections 5(1) and (1.01), as they read on December 31, 2012, to contribute to the Superannuation Account or the Canadian Forces Pension Fund, and any period during which he or she is required by subsection 5(1) to contribute to the Canadian Forces Pension Fund, and

    • (B) any period of service that may be counted by him as pensionable service pursuant to section 41; and

• (b) elective service, comprising,

  • (i) in the case of a contributor who, immediately before March 1, 1960, was a contributor under Part V of the former Act,

    • (A) any period of service for which he elected under that Part to pay, and

    • (B) any period of service for which he might have elected, under the provisions of that Part in force immediately before March 1, 1960, to pay, if he elects, within the time prescribed by those provisions, to pay for that service, and

  • (ii) in the case of any contributor,

    • (A) any period of service during which he was employed in the public service on a full-time basis and was in receipt of salary, if he elects, within one year of becoming a contributor under this Act, to pay for that service, and any period of service with any board, commission, corporation in, or portion of, the federal public administration that is added to Schedule I to the Public Service Superannuation Act on or after March 1, 1960, during which he was employed on a full-time basis and was in receipt of salary, if he elects, within one year of such addition, to pay for that service,

    • (B) any period of service as a member of the Royal Canadian Mounted Police, if he elects, within one year of becoming a contributor under this Act, to pay for that service,

    • (C) any period of service on active service during time of war in the naval, army or air forces of Her Majesty raised by Canada, if he elects, within one year of becoming a contributor under this Act, to pay for that service,

    • (D) any period of service in the Canadian Army Special Force established by Order in Council P.C. 3860 of August 7, 1950 made under the National Defence Act, if he elects, within one year of becoming a contributor under this Act, to pay for that service,

    • (E) any period of full-time service during time of war between such dates as are fixed by the regulations in the naval, army or air forces of Her Majesty other than those raised by Canada, if he elects, within one year of becoming a contributor under this Act, to pay for that service,

    • (F) any period of full-time service during time of war or otherwise in the permanent naval, army or air forces of Her Majesty other than those raised by Canada, except any such service that may be counted by him under clause (E), if he elects, within one year of becoming a contributor under this Act, to pay for that service,

    • (G) any continuous period of full-time service of three months or more in the Canadian Forces or in the naval, army or air forces of Her Majesty raised by Canada, other than the regular force, if he elects, within one year of becoming a contributor under this Act, to pay for that service,

    • (H) one-fourth of any period of service in the Canadian Forces or in the naval, army or air forces of Her Majesty raised by Canada, other than the regular force, during which he was liable to be called out for periodic training or duty by the Governor in Council otherwise than during an emergency, except any such service that may be counted by him under clause (C) or (G), if he elects, within one year of becoming a contributor under this Act, to pay for that service,

    • (I) any period of service that may be counted by him as pensionable service pursuant to section 18 of the Canadian Forces Superannuation Act, chapter C-9 of the Revised Statutes of Canada, 1970, or section 42 or sections 43 to 48 of this Act,

    • (J) any period of service in respect of which he was entitled to be paid a return of contributions or other lump sum payment under this Act or Part V of the former Act, if he elects, within one year of subsequently becoming a contributor under this Act, to pay for that service,

    • (K) any period of service described in this paragraph for which he might have elected, under this Act, Part V of the former Act, the Civil Service Superannuation Act, the Public Service Superannuation Act, the Royal Canadian Mounted Police Superannuation Act or any order in council made under The Canadian Forces Act, 1950, as amended by the Canadian Forces Act, 1954, to pay, but for which he failed so to elect within the time prescribed therefor, if he elects, at any time before he ceases to be a member of the regular force, to pay for that service, and

    • (L) any period of service in respect of which the contributor makes an election under subsection 6.1(1), if the contributor elects, at any time before the contributor ceases to be a member of the regular force, to pay for that service.