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

Act current to 2022-01-12 and last amended on 2019-08-28. Previous Versions

PART ISuperannuation (continued)

Persons Required to Contribute (continued)

Marginal note:Election for part-time employees

 Every person referred to in paragraph 5(1)(c) who is engaged to work on average at least twelve hours a week or the lesser number of hours a week that may be prescribed by the regulations, may, subject to the regulations, elect to contribute to the Superannuation Account or the Public Service Pension Fund in accordance with section 5, beginning on the first day of the month following the month in which that person makes that election.

  • 1992, c. 46, s. 3
  • 1999, c. 34, s. 57

Marginal note:Election for leave of absence

  •  (1) Subject to subsection (3), a contributor who is or has been absent from the public service on leave of absence without pay for a period that exceeds three months may, subject to the regulations, elect not to count as pensionable service under clause 6(1)(a)(ii)(A) that portion of the period that is in excess of three months.

  • Marginal note:Contributions not required

    (2) Notwithstanding section 5, a contributor who makes an election under subsection (1) is not required to contribute to the Superannuation Account or the Public Service Pension Fund under that section in respect of the portion of the period to which the election relates.

  • Marginal note:Exception

    (3) A contributor is not entitled to make an election under subsection (1) if

    • (a) the period of leave of absence ended before the day on which that subsection comes into force; and

    • (b) the contributor has, before that day, made all of the contributions that are required to be made by the contributor to the Superannuation Account in respect of that period.

  • Marginal note:Transitional

    (4) A contributor who makes an election under subsection (1) in respect of a period of leave of absence that ended before the day on which that subsection comes into force and who has, before that day, made some but not all of the contributions that are required to be made by the contributor to the Superannuation Account in respect of that period shall, at the time the election is made, cease to be required to make any further contributions to the Superannuation Account in respect of that period and shall count as pensionable service under clause 6(1)(a)(ii)(A) such portion of that period as is prescribed by the regulations.

  • 1992, c. 46, s. 3
  • 1999, c. 34, s. 58
  • 2003, c. 22, s. 225(E)

Marginal note:Election for certain persons over sixty-five years of age

  •  (1) A person referred to in subsection 5.1(2) may, subject to the regulations, elect to count as pensionable service the period of service in respect of which that person was unable to contribute to the Superannuation Account by reason of the person being a person described in paragraph 5(1)(j) of this Act, as it read on the day immediately before the day on which that subsection comes into force.

  • Marginal note:Payment

    (2) A person who makes an election under subsection (1) shall pay into the Superannuation Account, at the time and in the manner prescribed by the regulations, an amount determined in accordance with the regulations.

  • 1992, c. 46, s. 3

Marginal note:Election

  •  (1) A person who has ceased to be employed in the public service before the day on which this subsection comes into force may, subject to the regulations, elect to count as pensionable service the period of service in respect of which that person was unable to contribute to the Superannuation Account by reason of the person being a person described in paragraph 5(1)(j) of this Act, as it read on the day immediately before that day.

  • Marginal note:Payment

    (2) A person who makes an election under subsection (1) shall pay into the Superannuation Account, at the time and in the manner prescribed by the regulations, an amount determined in accordance with the regulations.

  • Marginal note:Crediting of pensionable service

    (3) Where a person makes an election under subsection (1), the period of service that the person elects to count as pensionable service is deemed to be to the person’s credit as at the date the person most recently ceased to be employed in the public service.

  • 1992, c. 46, s. 3
  • 2003, c. 22, s. 225(E)

Pensionable Service

Marginal note:Pensionable service

  •  (1) Subject to this Part, the following service may be counted by a contributor as pensionable service for the purposes of this Part:

    • (a) non-elective service, comprising,

      • (i) in the case of a contributor who, immediately prior to January 1, 1954, was a contributor under Part I of the Superannuation Act,

        • (A) the period of his service as a contributor under Part I of the Superannuation Act, and

        • (B) any period during which he or she was required by subsections 5(1.1) and (1.2), as they read on December 31, 2012, to contribute to the Superannuation Account or the Public Service Pension Fund,

      • (ii) in the case of a contributor who, immediately prior to January 1, 1954, was not a contributor under Part I of the Superannuation Act,

        • (A) any period during which he or she was required by subsections 5(1.1) and (1.2), as they read on December 31, 2012, to contribute to the Superannuation Account or the Public Service Pension Fund and any period during which he or she is required by subsection 5(2) to contribute to the Public Service Pension Fund,

        • (B) such portion of any period prior to becoming a contributor under this Part during which he has contributed to the Retirement Fund, in accordance with this Part or Part VI of the Superannuation Act or pursuant to any order of the Governor in Council, as is determined by the Minister in accordance with the regulations, and

        • (C) any period of service that he was entitled to count for the purposes of the Superannuation Act, for which he has paid but in respect of which he has not, at any time since he ceased to be a contributor under Part I of that Act, received any withdrawal allowance or other benefit thereunder, and

      • (iii) with reference to any contributor,

        • (A) any period of service that may be counted by that contributor as pensionable service under section 29 or subsection 35(2), 40(11), (11.1) or (13) or 40.2(9),

        • (B) any period during which the contributor, having been a civil servant within the meaning of the Superannuation Act, was absent from the public service on active service in the forces during World War I or, being a contributor under Part I of the Superannuation Act, was absent from the public service on active service in the forces during World War II, having been granted leave of absence to enlist,

        • (C) any period prior to April 14, 1927 during which the contributor was absent from the public service on leave of absence without pay,

        • (D) any period of service in the public service before becoming a contributor under this Part during which he or she contributed to the Superannuation Account or the Public Service Pension Fund in the manner and at the rates set out in subsections 5(1.1) and (1.2), as they read on December 31, 2012, if that service is service for which he or she might have elected, under this Part or Part I of the Superannuation Act on subsequently becoming a contributor under those Parts, to pay, but for which he or she failed so to elect within the time prescribed for elections,

        • (D.1) any period of service in the public service before becoming a contributor under this Part during which he or she contributed to the Public Service Pension Fund in the manner set out in subsection 5(2) and at the rates determined by the Treasury Board under that subsection if that service is service for which he or she might have elected, under this Part on subsequently becoming a contributor under this Part, to pay, but for which he or she failed so to elect within the time prescribed for elections, and

        • (E) one-half of any period during which the contributor, being a person who became a contributor under Part I of the Superannuation Act before August 11, 1939 and did not elect to contribute in respect of his service in the public service prior to so becoming a contributor, and being a person whose service since that date has been substantially continuous, was employed in the public service prior to so becoming a contributor; and

    • (b) elective service, comprising,

      • (i) in the case of a contributor who, immediately prior to January 1, 1954, was a contributor under Part I of the Superannuation Act,

        • (A) any period of service for which he elected under the Superannuation Act to pay, and

        • (B) any period of service for which he might have elected, under the provisions of the Superannuation Act in force immediately prior to January 1, 1954, to pay, if he elects, within the time prescribed by those provisions, to pay for that service,

      • (ii) in the case of a contributor who, immediately prior to January 1, 1954, was not a contributor under Part I of the Superannuation Act, such portion of any period described in clause (a)(ii)(B) as is not included in the portion thereof determined by the Minister thereunder, if he elects, within one year of becoming a contributor under this Part, to pay for that portion, and

      • (iii) with reference to any contributor,

        • (A) any period of service on active service in the forces during World War I or World War II, if he elects, within one year of becoming a contributor under this Part, to pay for that service,

        • (B) any period of service before becoming a contributor under this Part, except any such period described in clause (a)(ii)(B), during which he was employed in the public service and was in receipt of salary, if he elects, within one year of becoming a contributor under this Part, to pay for that service,

        • (C) any continuous period of full-time service of six months or more in the Canadian Forces or the naval, army or air forces of Her Majesty raised by Canada or as a special constable of the Force who ceased to be a special constable of the Force on or after March 1, 1949, except any such period described in clause (A) or (G) of this subparagraph, if he elects, within one year of becoming a contributor under this Part, to pay for that period,

        • (D) any continuous period of full-time service of six months or more as an employee with an international organization specified in the regulations whose salary was paid out of the Consolidated Revenue Fund, if he elects, within one year of becoming a contributor under this Part, to pay for that service,

        • (E) any continuous period of full-time service of six months or more in civilian war service of a kind specified in the regulations, if he elects, within one year of becoming a contributor under this Part, to pay for that service,

        • (F) any period of service in pensionable employment immediately prior to becoming employed in the public service, if he elects, within one year of becoming a contributor under this Part, to pay for that service,

        • (G) any period of service that may be counted by him as pensionable service pursuant to subsection 39(1) of this Act or subsection 23(9) of the Public Service Superannuation Act, chapter P-36 of the Revised Statutes of Canada, 1970,

        • (H) any period of service with any board, commission, corporation or portion of the federal public administrationthat is added to Schedule I on or after January 1, 1954, if he elects, within one year of that addition, to pay for that service,

        • (I) any period of service in respect of which the contributor has received any amount by way of a return of contributions or other lump sum payment, other than a transfer value, under this Part or Part I of the Superannuation Act, if the contributor elects, within one year after subsequently becoming a contributor under this Part, to pay for that service,

        • (I.1) any period of service in the public service, after December 31, 1980 and before the day on which this clause comes into force, as a part-time employee, if the contributor was a contributor immediately before the day on which this clause comes into force and the contributor elects, within one year after that day, to pay for that service,

        • (J) any period of service in respect of which payment was made to a public service employer or an approved employer under an agreement entered into pursuant to section 40 and in respect of which that contributor subsequently received a return of contributions or other lump sum payment, if he elects, within one year of becoming a contributor under this Part, to pay for that service,

        • (K) any period of service described in this paragraph, except a period described in clause (M) or (N), for which the contributor might have elected, under this Part, Part I of the Superannuation Act, the Canadian Forces 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 the contributor failed so to elect within the time prescribed therefor, if the contributor elects, at any time before ceasing to be employed in the public service, to pay for that service,

        • (L) any period of service in respect of which the contributor makes an election under subsection 5.3(1), if the contributor elects, at any time before the contributor ceases to be employed in the public service, to pay for that service,

        • (M) subject to the regulations, any period of service in respect of which payment of a transfer value or a commuted value, as the case may be, to a contributor has been effected in accordance with section 13.01 of this Act, section 22 of the Canadian Forces Superannuation Act or section 12.1 of the Royal Canadian Mounted Police Superannuation Act, if the contributor elects, in accordance with the regulations, to pay for that service, and

        • (N) subject to the regulations, any period of service in respect of which a payment has been made in respect of the contributor pursuant to an agreement entered into under subsection 40.2(2), if the contributor elects, in accordance with the regulations, to pay for that service.

  • Marginal note:Definition of forces

    (2) For the purposes of clause (1)(a)(iii)(B), forces means, in the case of World War II, any of His Majesty’s naval, army or air forces, the Royal Canadian Mounted Police, the Corps of (Civilian) Canadian Fire Fighters for Service in the United Kingdom, the armed forces of the United States, the Fighting French forces and any other force designated by the Governor in Council for the purposes of this Part.

  • R.S., 1985, c. P-36, s. 6
  • 1992, c. 46, s. 4
  • 1996, c. 18, s. 22
  • 1999, c. 34, s. 59
  • 2003, c. 22, ss. 224(E), 225(E), c. 26, s. 48
  • 2012, c. 31, s. 477

Elective Pensionable Service: Amount Required to be Paid

Marginal note:Amount to be paid

  •  (1) Subject to subsection (1.1) and section 8, a contributor who is entitled under this Part to count as pensionable service any period of elective service specified in paragraph 6(1)(b) is required to pay, in respect thereof, the following:

    • (a) in respect of any period specified in clause 6(1)(b)(i)(A), any amount that he would have been required to pay under the Superannuation Act had that Act continued in force;

    • (b) in respect of any period specified in clause 6(1)(b)(i)(B), any amount that he would have been required to pay under the provisions of the Superannuation Act in force immediately prior to January 1, 1954;

    • (c) in respect of the portion referred to in subparagraph 6(1)(b)(ii), such amount as is determined in accordance with the regulations;

    • (d) in respect of any period specified in clause 6(1)(b)(iii)(A), an amount determined as follows:

      • (i) in the case of a person who, immediately prior to his enlistment in the forces, was employed in the public service on a full-time basis, an amount equal to the amount that he would have been required to contribute during the period of his service in the forces had he, during that period, been required to contribute in the manner and at the rates set out in subsection 5(1) as it read on December 31, 1965, in respect of a salary at the rate authorized to be paid to him on the most recent occasion on which he became a contributor under this Part, together with interest, and

      • (ii) in the case of a person who was not, immediately prior to his enlistment in the forces, employed in the public service on a full-time basis, an amount equal to twice the amount that he would have been required to contribute during the period of his service in the forces had he, during that period, been required to contribute in the manner and at the rates set out in subsection 5(1) as it read on December 31, 1965, in respect of a salary at the rate authorized to be paid to him on the most recent occasion on which he became a contributor under this Part, together with interest;

    • (e) in respect of any period specified in clause 6(1)(b)(iii)(B), an amount equal to the amount that he or she would have been required to contribute had he or she, during that period, been required to contribute

      • (i) if that period or any portion of it was before 1966, in the manner and at the rates set out in subsection 5(1) as it read on December 31, 1965, in respect of that period or portion,

      • (ii) if that period or any portion of it was after 1965 but before January 1, 2000, in the manner and at the rates set out in subsection 5(1), as it reads on December 31, 1999, in respect of that period or portion,

      • (iii) if that period or any portion of it was after 1999 but before January 1, 2004, in the manner and at the rates set out in subsection 5(1.1), as it read on December 31, 2003, in respect of that period or portion,

      • (iv) if that period or any portion of it was after 2003 but before January 1, 2013, in the manner and at the rates determined under subsection 5(1.2), as it read on December 31, 2012, in respect of that period or portion, and

      • (v) if that period or any portion of it was after 2012, in the manner set out in subsection 5(2) and at the rates determined by the Treasury Board under that subsection, in respect of that period or portion,

      in respect of a salary at the rate authorized to be paid to him or her on the most recent occasion on which he or she became a contributor under this Part, together with interest;

    • (f) in respect of any period specified in clause 6(1)(b)(iii)(C), (D), (E), (F) or (J), an amount equal to twice the amount that he or she would have been required to contribute had he or she, during that period, been required to contribute

      • (i) if that period or any portion of it was before 1966, in the manner and at the rates set out in subsection 5(1) as it read on December 31, 1965, in respect of that period or portion,

      • (ii) if that period or any portion of it was after 1965 but before January 1, 2000, in the manner and at the rates set out in subsection 5(1), as it reads on December 31, 1999, in respect of that period or portion,

      • (iii) if that period or any portion of it was after 1999 but before January 1, 2004, in the manner and at the rates set out in subsection 5(1.1), as it read on December 31, 2003, in respect of that period or portion,

      • (iv) if that period or any portion of it was after 2003 but before January 1, 2013, in the manner and at the rates determined under subsection 5(1.2), as it read on December 31, 2012, in respect of that period or portion, and

      • (v) if that period or any portion of it was after 2012, in the manner set out in subsection 5(2) and at the rates determined by the Treasury Board under that subsection, in respect of that period or portion,

      in respect of a salary at the rate authorized to be paid to him or her on the most recent occasion on which he or she became a contributor under this Part, together with interest;

    • (g) in respect of any period specified in clause 6(1)(b)(iii)(G), such amount as is required by subsection 39(2) to be paid by him therefor;

    • (h) in respect of any period specified in clause 6(1)(b)(iii)(H), an amount as specified in paragraph (e);

    • (i) notwithstanding anything in paragraphs (a) to (h), in respect of any period described in clause 6(1)(b)(iii)(I), an amount equal to the amount that he would have been required to contribute if he had elected under this Part, within the time prescribed for the making of the election, to pay for that period, and if during that period the rate of the salary authorized to be paid to him had been equal to the rate of salary authorized to be paid to him on the most recent occasion on which he became a contributor under this Part, together with interest;

    • (j) notwithstanding anything in this subsection, in respect of any period described in clause 6(1)(b)(iii)(K), an amount equal to the amount that he would have been required to pay if, not having been a contributor under Part I of the Superannuation Act immediately prior to January 1, 1954, he had elected under this Part, within the time prescribed for the making of the election, to pay for that period, and if during that period the rate of salary authorized to be paid to him had been equal to the rate of salary so authorized at the time when he made the election, together with interest; and

    • (k) in respect of any period specified in clause 6(1)(b)(iii)(I.1), (L), (M) or (N), such amount as is determined in accordance with the regulations.

  • Marginal note:Amount to be paid in certain cases

    (1.1) Subject to section 8, a contributor who is entitled under this Part to count as pensionable service any period of elective service specified in clause 6(1)(b)(iii)(A), (B), (C), (D), (E), (F), (I), (J) or (K) is required to pay, in respect thereof and in lieu of any amount required under subsection (1), such amount as is determined in accordance with the regulations if

    • (a) that period of service consists of or includes service during which the contributor was employed in the public service as a part-time employee; or

    • (b) that period of service consists of or includes service of the contributor during which the contributor was employed in the public service on a full-time basis and the contributor is employed in the public service as a part-time employee at the time the contributor elects to pay for that service.

  • Marginal note:Definition of interest

    (2) In this section, unless otherwise specified, interest means simple interest at four per cent per annum from the middle of the fiscal year in which the contributions would have been made, had the contributor been required to make those contributions during the period for which he elects to pay, until the first day of the month in which the election is made.

  • R.S., 1985, c. P-36, s. 7
  • 1992, c. 46, s. 5
  • 1996, c. 18, s. 23
  • 1999, c. 34, s. 60
  • 2003, c. 22, s. 225(E)
  • 2012, c. 31, s. 478
 
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