Canadian Forces Superannuation Act

Marginal note:Computation of annuities

• 15 (1) The amount of any annuity to which a contributor may become entitled under this Act is an amount equal to the aggregate of

  • (a) an amount equal to

    • (i) the number of years of pensionable service to the credit of the contributor occurring in the period preceding the day on which this subsection comes into force, not exceeding thirty-five, divided by fifty,

    multiplied by

    • (ii) the average annual pay received by the contributor during any five-year period of pensionable service selected by or on behalf of the contributor, or during any period so selected consisting of consecutive periods of pensionable service totalling five years, or

    • (iii) in the case of a contributor who has to the contributor’s credit less than five years of pensionable service, the average annual pay received by the contributor during the period of pensionable service to the contributor’s credit, and

  • (b) an amount equal to

    • (i) the number of years of pensionable service to the credit of the contributor occurring in the period on and after the day on which this subsection comes into force, not exceeding thirty-five years less the number of years of pensionable service to the credit of the contributor under subparagraph (a)(i), divided by fifty,

    multiplied by the lesser of

    • (ii) the average annual pay received by the contributor during the period referred to in subparagraph (a)(ii) or (iii), as applicable, and

    • (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.

• Marginal note:Deduction from annuity

  (2) Notwithstanding subsection (1), unless the Minister is satisfied that a contributor

  • (a) has not reached the age of sixty-five years, and

  • (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,

  there shall be deducted from the amount of any annuity to which that contributor is entitled under this Act an amount equal to thirty-five per cent of

  • (c) the average annual pay received by the contributor during the period of pensionable service described in subsection (1) applicable to him, not exceeding his Average Maximum Pensionable Earnings,

  multiplied by

  • (d) the number of years of pensionable service after 1965 or after he has attained the age of eighteen years, whichever is the later, to the credit of the contributor, not exceeding thirty-five, divided by fifty.

• Marginal note:Definitions

  (3) For the purposes of subsection (2),

  Average Maximum Pensionable Earnings

  Average Maximum Pensionable Earnings means, with respect to any contributor, the average of the Year’s Maximum Pensionable Earnings for the year in which he or she ceased to be a member of the regular force and for each of the four preceding years; (moyenne des maximums des gains ouvrant droit à pension)

  Year’s Maximum Pensionable Earnings

  Year’s Maximum Pensionable Earnings has the same meaning as in the Canada Pension Plan. (maximum des gains annuels ouvrant droit à pension)

• Marginal note:Pay deemed to have been received during certain periods

  (4) For the purposes of this section,

  • (a) a person who has to his credit pensionable service that includes any period described in any of clauses 6(b)(ii)(A) to (H) shall be deemed to have received during that period pay at a rate equal to the rate of pay on the basis of which the amount required by this Act to be paid by him for that period of service was determined.

  • (b) [Repealed, 1992, c. 46, s. 40]

• Marginal note:Deemed period of pensionable service

  (5) For the purposes of subparagraphs (1)(a)(ii) and (iii), a period of service during which a person continues to be a member of the regular force and is required to make contributions under subsections 5(2) to (4) is deemed to be a period of pensionable service to the credit of that person.

• Marginal note:Application

  (6) Subparagraphs (1)(a)(ii) and (iii), as enacted by subsection 14(1) of the Budget Implementation Act, 1999, apply with respect to benefits payable to or in respect of a person who contributes under section 5 or 75 on or after the day on which this subsection comes into force but do not apply to a person who became entitled to an annuity before the coming into force of this subsection and is a person described in section 41 and who is only entitled to a return of contributions in respect of the period of service in the regular or reserve force after the time of his or her re-enrollment within the meaning of that section.

• Marginal note:Application

  (7) The definition Average Maximum Pensionable Earnings in subsection (3), as enacted by subsection 14(2) of the Budget Implementation Act, 1999, applies only with respect to deductions from annuities made under subsection (2) that take effect on or after the day on which this subsection comes into force.