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Public Service Superannuation Act (R.S.C., 1985, c. P-36)

Act current to 2019-07-01 and last amended on 2019-06-21. Previous Versions

PART ISuperannuation (continued)

Air Traffic Controllers (continued)

Marginal note:Contributions for elective service

  •  (1) Operational service occurring on or after April 1, 1976 for which an election pursuant to section 6 has been made by a contributor or that may be counted by a contributor as pensionable service pursuant to subsection 40(11) or (11.1) may not be counted as operational service that is pensionable service for the purposes of sections 16 and 17 unless

    • (a) that election was made prior to June 30, 1981; or

    • (b) the contributor, at any time after he or she becomes employed in operational service but before he or she ceases to be employed in the public service, further elects to pay to the Superannuation Account or the Public Service Pension Fund in respect of that operational service an amount equal to the amount he or she would have been required to contribute had he or she, during that period, been required to contribute, at the rate of two per cent of his or her salary, together with interest within the meaning of subsection 7(2).

  • Marginal note:Salary on which contributions based

    (2) For the purposes of paragraph (1)(b), the salary of a contributor is the salary at the rate authorized to be paid to him

    • (a) on the most recent occasion on which he became employed in operational service, if he elects under that paragraph within one year after he becomes employed in operational service to pay for that service; or

    • (b) at the time when he made the election, in any other case.

  • Marginal note:Manner of payment

    (3) Subsection 8(6) applies with such modifications as the circumstances require in respect of amounts required to be paid under subsection (1).

  • R.S., 1985, c. P-36, s. 20
  • 1999, c. 34, s. 70
  • 2003, c. 22, s. 225(E)

Marginal note:Option

 If an air traffic controller is entitled to a benefit under section 16 or subsection 17(1), and if he or she becomes re-employed in the public service without having exercised an option under section 16 or subsection 17(1) and is required to contribute to the Superannuation Account or the Public Service Pension Fund, he or she ceases to be entitled to exercise the option until the time that he or she ceases to be so re-employed.

  • R.S., 1985, c. P-36, s. 21
  • 1999, c. 34, s. 71
  • 2003, c. 22, s. 225(E)

Marginal note:Option

  •  (1) If an air traffic controller who is receiving an annuity or an annual allowance under section 16 or subsection 17(1) or (5) is required to contribute to the Superannuation Account or the Public Service Pension Fund on being re-employed in the public service

    • (a) in operational service, any right or claim he may have had to the annuity or annual allowance shall forthwith be terminated and the period of service on which that benefit was based shall be counted by that person as pensionable service for the purposes of subsection 6(1); and

    • (b) in service other than operational service, any right or claim he may have had to the annuity or annual allowance shall forthwith be terminated and

      • (i) if he elects to retain that benefit, any right or claim that he would have had to that benefit shall be restored to him on ceasing to be so re-employed, or

      • (ii) if he does not elect to retain that benefit, the period of service on which that benefit was based shall be counted by that person as pensionable service for the purposes of subsection 6(1).

  • Marginal note:Idem

    (2) Where a contributor referred to in subsection (1), on ceasing to be re-employed in the public service, exercises his 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,

    • (a) 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 so re-employed; and

    • (b) the benefit referred to in subsection (1) shall be restored to him or her.

  • R.S., 1985, c. P-36, s. 22
  • 1999, c. 34, s. 72
  • 2003, c. 22, s. 225(E)

Marginal note:Where annual allowance to be adjusted

 Where an air traffic controller who is receiving an annual allowance payable under section 16 or subsection 17(1) or (5) is subsequently re-employed in the public service, the amount of any annuity or annual allowance to which he may become entitled under this Part on again ceasing to be employed in the public service shall be adjusted in accordance with regulations made under paragraph 42(1)(x) to take into account the amount of any annual allowance he has received.

  • R.S., 1985, c. P-36, s. 23
  • 2003, c. 22, s. 225(E)

Marginal note:References to certain sections

 A reference in subsection 10(6) to section 13 shall be read as including a reference to sections 16 and 17 and a reference in subsection 13(2) or (3) to subsection 13(1) shall be read as including a reference to section 16 and subsections 17(1) and (5).

  • 1980-81-82-83, c. 64, s. 3

Correctional Service of Canada

Marginal note:Definition of operational service

 In sections 24.2 to 24.4, operational service means service of a kind designated in the regulations that is carried out in the institution or other premises designated in those regulations in respect of that kind of service, and includes such periods of time spent away from that service as are specified in those regulations.

  • 1992, c. 46, s. 12

Marginal note:Special pension plan

 Any person who is employed in operational service by the Correctional Service of Canada on or after March 18, 1994 and who was required by subsection 5(1.1) or (1.2), as it read on December 31, 2012, to contribute to the Superannuation Account or the Public Service Pension Fund or is required by subsection 5(2) to contribute to the Public Service Pension Fund is entitled, at his or her option on ceasing to be employed in the public service, in respect of the operational service that is pensionable service to his or her credit, to an immediate annuity or annual allowance calculated in the manner prescribed by the regulations, in the circumstances and subject to the terms and conditions prescribed by those regulations, in lieu of any benefit to which that person is otherwise entitled under subsection 13(1) or 13.001(1) in respect of that service.

  • 1992, c. 46, s. 12
  • 1999, c. 34, s. 73
  • 2003, c. 22, s. 225(E)
  • 2012, c. 31, s. 488

Marginal note:Computation of benefit under subsection 13(1) or 13.001(1)

 If a person is entitled to a benefit under subsection 13(1) or 13.001(1), and section 24.2, the number of years of pensionable service to his or her credit is, for the purpose of computing the benefit to which he or she is entitled under subsection 13(1) or 13.001(1), deemed to be

  • (a) the number of years of pensionable service to his or her credit

minus

  • (b) the number of years of pensionable service to his or her credit in respect of which he or she is entitled to a benefit under section 24.2.

  • 1992, c. 46, s. 12
  • 2012, c. 31, s. 488

Marginal note:Additional amount to be contributed

  •  (1) Subject to subsections (2) and 5(6), every person who is employed in operational service by the Correctional Service of Canada on or after March 18, 1994 and who is required by subsection 5(2) to contribute to the Public Service Pension Fund is, except in the circumstances described in subsection 5(3), required to contribute to the Public Service Pension Fund by reservation from salary or otherwise, in addition to any other amount required under this Act, any percentage of his or her salary that is determined by the Treasury Board on the recommendation of the Minister, which recommendation is to be based on actuarial advice.

  • Marginal note:Exception

    (2) Subsection (1) does not apply to any person who is a member of a class of persons prescribed by the regulations.

  • 1992, c. 46, s. 12
  • 1999, c. 34, s. 74
  • 2012, c. 31, s. 489

Marginal note:References to certain sections

 A reference in subsection 10(6) to a benefit specified at the contributor’s option under section 13 or 13.001 shall be read as including a reference to an immediate annuity or annual allowance at the contributor’s option under section 24.2, and a reference in subsection 13(2) or (3) or 13.001(2) or (3) to the immediate annuity, deferred annuity or annual allowance to which the contributor was entitled under subsection 13(1) or 13.001(1) shall be read as including a reference to the contributor’s entitlement to an immediate annuity or annual allowance under section 24.2.

  • 1992, c. 46, s. 12
  • 2012, c. 31, s. 490

Marginal note:When annuity or annual allowance to be adjusted

 If a person who was employed in operational service by the Correctional Service of Canada and who is receiving an annual allowance payable under section 24.2 is subsequently re-employed in the public service, the amount of any annuity or annual allowance to which he or she may become entitled under this Part on again ceasing to be employed in the public service shall be adjusted in accordance with regulations made under paragraph 42(1)(x.1) to take into account the amount of any annual allowance that he or she has received.

  • 2012, c. 31, s. 490
 
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