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Canadian Forces Superannuation Act

Version of section 60 from 2007-03-01 to 2024-10-30:


Marginal note:Definitions

  •  (1) In this Part,

    basic benefit

    basic benefit, with respect to a participant, means an amount equal to twice the salary of the participant, if that amount is a multiple of two hundred and fifty dollars, or an amount equal to the nearest multiple of two hundred and fifty dollars above twice the salary of the participant, if the first-mentioned amount is not a multiple of two hundred and fifty dollars, subject to a reduction of ten per cent, to be made as of such time as the regulations prescribe, for every year of age in excess of sixty attained by the participant, except that

    • (a) in the case of an elective participant who has not made an election under subsection 64(2) and who, on ceasing to be a member of the regular force or on ceasing to be employed in the Public Service, was entitled under Part I or under the Defence Services Pension Continuation Act, chapter D-3 of the Revised Statutes of Canada, 1970, to an immediate annuity or pension, the basic benefit shall not be less than five thousand dollars, and

    • (b) in the case of an elective participant who makes an election under subsection 64(2), the basic benefit shall be five hundred dollars; (prestation de base)

    benefit

    benefit means the amount payable in respect of a participant under section 66; (prestation)

    elective

    elective as applied to a participant means that the participant comes within paragraph (c) or (d) of the definition participant; (volontaire)

    immediate annual allowance

    immediate annual allowance means an annual allowance payable within 30 days after the day on which a participant ceases to be a member of the regular force; (allocation annuelle immédiate)

    participant

    participant means

    • (a) a member of the regular force,

    • (b) a member of the reserve force who is on full-time service, with the approval of the Chief of the Defence Staff, in a position in a regular force establishment or as supernumerary to a regular force establishment,

    • (c) a person other than a member of the regular force who has made an election under section 62 and continues to contribute under this Part,

    • (d) a person not coming within paragraph (a) or (c) who has made an election under section 62 and to whom the basic benefit in the amount of five thousand dollars referred to in paragraph (a) of the definition basic benefit, or to whom the basic benefit of five hundred dollars referred to in paragraph (b) of that definition, applies without contribution under this Part by the participant therefor, and

    • (e) a person who has made an election under subsection 6.1(1),

    but does not include a person described in paragraph 62(1)(b) of the Public Service Superannuation Act who elected not to come under the provisions of Part II of that Act; (participant)

    public service participant

    public service participant means a person who is a participant under Part II of the Public Service Superannuation Act; (participant de la fonction publique)

    salary

    salary means

    • (a) in the case of a participant who is a member of the regular force or a member of the reserve force described in paragraph (b) of the definition participant, the greater of

      • (i) the pay of that participant, expressed in terms of an annual rate, and

      • (ii) three thousand dollars per annum if his rank is lower than warrant officer, or five thousand dollars per annum if his rank is warrant officer or higher, and

    • (b) in the case of an elective participant, the greater of

      • (i) the pay of that participant at the time he ceased to be a member of the regular force, expressed in terms of an annual rate, and

      • (ii) three thousand dollars per annum if his rank at the time he ceased to be a member of the regular force was lower than chief petty officer in the Royal Canadian Navy, warrant officer in the Canadian Army or Royal Canadian Air Force or warrant officer in the Canadian Forces, or five thousand dollars per annum if his rank at that time was chief petty officer or higher in the Royal Canadian Navy, warrant officer or higher in the Canadian Army or Royal Canadian Air Force or warrant officer or higher in the Canadian Forces,

      except that where a retroactive increase is authorized in the pay of that participant, the increase shall be deemed to have commenced to have been received by him on such day as the regulations prescribe. (traitement)

  • Marginal note:Other words and expressions

    (2) Other words and expressions used in this Part and not defined in subsection (1) have the same meaning as in Part I.

  • R.S., 1985, c. C-17, s. 60
  • 1992, c. 46, s. 52
  • 2003, c. 26, s. 26

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