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

Regulations

Marginal note:Regulations

• 50 (1) The Governor in Council may make regulations

  • (a) prescribing anything that, by this Act, is to be prescribed or is to be determined or regulated by regulation;

  • (b) prescribing the circumstances in which, and the terms and conditions on which, elections may be made and options may be exercised under this Part, except section 19, and respecting the manner of and time for doing so;

  • (c) prescribing the circumstances in which, and the terms and conditions on which, elections under this Part may be revoked or amended, options under this Part revoked, and new elections or options made or exercised, and respecting the manner of and time for doing so;

  • (d) prescribing the terms and conditions on which a person who is retired from the regular force and, within sixty days after their retirement from it, again becomes a member of the regular force is deemed to have continued to be a member of the regular force despite their retirement from it;

  • (e) prescribing the extent to which and the circumstances under which any period of service of a person, whether before or after March 1, 1960, for which no pay was authorized to be paid or for which any forfeiture of pay or deduction from pay in respect of a period of suspension from duty was authorized to be made shall be counted as pensionable service for the purposes of this Act, prescribing the pay that is deemed to have been authorized to be paid to that person and to have been received by that person during that period, and prescribing, despite section 5, the contributions to be made by that person to the Superannuation Account or the Canadian Forces Pension Fund in respect of that pay;

  • (f) specifying, for the purposes of subsection 2(4), the employment as a member of the Canadian Forces that is excepted employment;

  • (g) fixing an annual rate of pay for the purposes of subsection 5(5) or prescribing the manner of determining the annual rate of pay;

  • (h) prescribing, for the purposes of subsection 9(3), the portion of the period of service that shall be counted as pensionable service for the purposes of this Act;

  • (i) respecting the manner of determining the amount of a transfer value within the meaning of section 10, the terms and conditions under which a contributor may become entitled to a transfer value and any other matters that the Governor in Council considers necessary for the purposes of carrying out section 22;

  • (j) respecting the manner in which, and the determination of the balances on which, interest is to be calculated under section 13 and respecting the rates of interest for the purposes of paragraph 13(b);

  • (k) prescribing the evidence required to satisfy the Minister that a contributor is not entitled to a disability pension described in paragraph 15(2)(b), the manner in which and the time within which that evidence shall be provided and the form of that evidence;

  • (l) respecting, for the purposes of subsection 15(4), the manner of determining pay that a contributor is deemed to have received;

  • (m) prescribing service in the regular force or in the reserve force that constitutes Canadian Forces service for the purposes of paragraph 16(1)(a);

  • (n) specifying, for the purposes of subsection 18(4), the method by which the amount of any annuity or annual allowance payable to a contributor described in subsection 18(1) shall be adjusted;

  • (o) specifying, for the purposes of subsection 21(2), the method by which the amount of any immediate annuity payable to a contributor described in subsection 21(1) shall be adjusted;

  • (p) defining, for the purposes of subsection 25(5), the expression full-time attendance at a school or university as applied to a child of a contributor;

  • (q) respecting the determination of disability for the purposes of this Part and the conditions on which an immediate annuity shall be paid or continue to be paid, including the initial assessment and subsequent periodic or other assessments of that disability;

  • (r) respecting the reduction to be made in the amount of an annuity or annual allowance when an option is exercised under subsection 25.1(1), the amount of the immediate annual allowance to be paid under subsection 25.1(2), the circumstances in which an option is deemed to have been revoked and any other matters that the Governor in Council considers necessary for the purposes of carrying out section 25.1;

  • (s) providing for the continuation in force of any outstanding direction made by the Minister or the Treasury Board under section 62 of the former Act, under the circumstances contemplated by that section and subject to modification or suspension as contemplated by that section;

  • (t) respecting the rates at which interest shall be credited to the Superannuation Account under paragraph 55(1)(b), the manner in which it shall be calculated and the time at which it shall be credited to the Account;

  • (u) respecting the additional information that is required to be included in annual reports referred to in section 57;

  • (v) providing for the payment out of the Superannuation Account or the Canadian Forces Pension Fund, on the death of a contributor and on application to the Minister by or on behalf of a person to whom any annual allowance becomes payable under this Part, of the whole or any part of the portion of the estate, legacy, succession or inheritance duties or taxes that are payable by the person that is determined in accordance with the regulations to be attributable to that allowance, and prescribing the amounts by which and the manner in which any such allowance and any amount payable in any such case under any of sections 38 to 40 shall be reduced; and

  • (w) generally, for carrying into effect the purposes and provisions of this Act.

• Marginal note:Retroactive application of regulations

  (2) Regulations made under this Act may, if they so provide, be retroactive and have effect with respect to any period before they are made.

50.1 [Repealed, 2003, c. 26, s. 23]

51 [Repealed, 2003, c. 26, s. 24]

Marginal note:Members of Parliament and Senators

52 Notwithstanding anything in this Part, the Governor in Council may by regulation

• (a) provide that the service of a former member of the House of Commons or a former Senator in respect of which he or she made contributions under the Members of Parliament Retiring Allowances Act may, to the extent and subject to the conditions that may be prescribed by the regulations, be counted by that former member or former Senator as pensionable service for the purposes of this Part; and

• (b) provide for the transfer to the Superannuation Account or the Canadian Forces Pension Fund of amounts in the Retiring Allowances Account, within the meaning of that Act, in respect of him or her.

53 [Repealed, 2003, c. 26, s. 25]

Payments out of Account

Marginal note:Payments out of Superannuation Account

• 54 (1) All amounts required for the payment of benefits for which this Part, including any pension referred to in subsection 59(1), and Part III make provision shall be paid out of the Superannuation Account if the benefits are payable in respect of pensionable service to the credit of a contributor before April 1, 2000.

• Marginal note:Transfer of amounts

  (2) The amounts deposited in the Canadian Forces Superannuation Investment Fund under subsection 55.1(2) shall be transferred to the Public Sector Pension Investment Board within the meaning of the Public Sector Pension Investment Board Act to be dealt with in accordance with that Act.

• Marginal note:Payment of benefits

  (3) If there are insufficient amounts in the Superannuation Account to pay all the benefits referred to in subsection (1), the amounts required for the payment of those benefits shall be charged to the Canadian Forces Superannuation Investment Fund and paid out of the assets of the Public Sector Pension Investment Board.

Amounts

Marginal note:Amounts to be credited in each fiscal year

• 55 (1) There shall be credited to the Superannuation Account in each fiscal year

  • (a) [Repealed, 1999, c. 34, s. 151]

  • (b) an amount representing interest on the balance from time to time to the credit of the Account, calculated in such manner and at such rates and credited at such times as the regulations provide, but the rate for any quarter in a fiscal year shall be at least equal to the rate that would be determined for that quarter using the method set out in section 36 of the Canadian Forces Superannuation Regulations, as that section read on March 31, 1991.

• (2) to (5) [Repealed, 1999, c. 34, s. 151]

• Marginal note:Amounts to be credited on basis of actuarial valuation report

  (6) Following the laying before Parliament of any actuarial valuation report pursuant to section 56 that relates to the state of the Superannuation Account and the Canadian Forces Superannuation Investment Fund, there shall be credited to the Account, at the time and in the manner set out in subsection (7), the amount that in the opinion of the President of the Treasury Board will, at the end of the fifteenth fiscal year following the tabling of that report or at the end of the shorter period that the President of the Treasury Board may determine, together with the amount that the President of the Treasury Board estimates will be to the credit of the Account and the Canadian Forces Superannuation Investment Fund at that time, meet the cost of the benefits payable under this Part and Part III in respect of pensionable service that is to the credit of contributors before April 1, 2000.

• Marginal note:Equal annual instalments

  (7) Subject to subsection (8), the amount required to be credited to the Superannuation Account under subsection (6) shall be divided into equal annual instalments and the instalments shall be credited to the Account over a period of fifteen years, or such shorter period as the President of the Treasury Board may determine, with the first such instalment to be credited in the fiscal year in which the actuarial valuation report is laid before Parliament.

• Marginal note:Adjustments

  (8) When a subsequent actuarial valuation report is laid before Parliament before the end of the period applicable under subsection (7), the instalments remaining to be credited in that period may be adjusted to reflect the amount that is estimated by the President of the Treasury Board, at the time that subsequent report is laid before Parliament, to be the amount that will, together with the amount that the President of the Treasury Board estimates will be to the credit of the Superannuation Account and the Canadian Forces Superannuation Investment Fund at the end of that period, meet the cost of the benefits payable under this Part and Part III in respect of pensionable service that is to the credit of contributors before April 1, 2000.

• Marginal note:Amounts to be debited on basis of actuarial valuation report

  (9) Following the laying before Parliament of any actuarial valuation report pursuant to section 56 that relates to the state of the Superannuation Account and the Canadian Forces Superannuation Investment Fund, there may be debited from the Account, at the time and in the manner set out in subsection (11), an amount that in the opinion of the President of the Treasury Board exceeds the amount that the President of the Treasury Board estimates, based on the report, will be required to be to the credit of the Account and the Canadian Forces Superannuation Investment Fund at the end of the fifteenth fiscal year following the tabling of that report or at the end of the shorter period that the President of the Treasury Board may determine, in order to meet the cost of the benefits payable under this Part and Part III in respect of pensionable service that is to the credit of contributors before April 1, 2000.

• Marginal note:If total exceeds maximum

  (10) If the total of the amounts in the Account and in the Fund referred to in subsection (9) exceeds, following the laying of the report referred to in that subsection, the maximum amount referred to in subsection (13), there shall be debited from the Account, at the time and in the manner set out in subsection (11), the amount of the excess.

• Marginal note:Annual instalments

  (11) Subject to subsection (12), the amount that may be debited under subsection (9) and the amount that must be debited under subsection (10) shall be debited in annual instalments over a period of fifteen years, or the shorter period that the President of the Treasury Board may determine, with the first such instalment to be debited in the fiscal year in which the actuarial valuation report is laid before Parliament.

• Marginal note:Adjustments

  (12) When a subsequent actuarial valuation report is laid before Parliament before the end of the period applicable under subsection (11), the instalments remaining to be debited in that period may be adjusted to reflect the amount that is estimated by the President of the Treasury Board, at the time that subsequent report is laid before Parliament, to be the amount that will, together with the amount that the President of the Treasury Board estimates will be to the credit of the Superannuation Account and the Canadian Forces Superannuation Investment Fund at the end of that period, meet the cost of the benefits payable under this Part and Part III in respect of pensionable service that is to the credit of contributors before April 1, 2000.

• Marginal note:Maximum amount to credit of Account and Fund

  (13) At the end of the period, the total of the amounts that are to the credit of the Superannuation Account and the Canadian Forces Superannuation Investment Fund must not exceed one hundred and ten percent of the amount that the President of the Treasury Board estimates is required to meet the cost of the benefits payable under this Part and Part III in respect of pensionable service that is to the credit of contributors before April 1, 2000.

• Marginal note:Costs

  (14) The costs of the administration of this Act, as determined by the Treasury Board on the recommendation of the Minister, with respect to benefits payable under this Act in respect of pensionable service that is to the credit of contributors before April 1, 2000 shall be paid out of the Superannuation Account.