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

Act current to 2019-05-22 and last amended on 2018-10-01. Previous Versions

PART IISupplementary Death Benefits (continued)

Interpretation (continued)

Marginal note:Application

  •  (1) A person who, immediately before the date on which this subsection comes into force, was contributing under Division II of Part I of the Retirement Compensation Arrangements Regulations, No. 1 and had elected under that Division to continue to contribute is an elective participant for the purposes of this Part.

  • Marginal note:Salary

    (2) For the purposes of this Part, the salary of a participant described in subsection (1) is the participant’s salary under Division I of Part I of those Regulations in effect at the end of the period during which he or she was required to contribute under that Division.

  • Marginal note:Deemed election

    (3) An election by a participant under subsection 27(1) of those Regulations before the date on which this subsection comes into force is deemed to be an election under subsection 52(1).

  • Marginal note:Deemed designation

    (4) A designation made by a participant under subsection 23(1) of those Regulations before the date on which this subsection comes into force is deemed to be a designation under section 26 of the Supplementary Death Benefit Regulations.

  • 1999, c. 34, s. 99

Marginal note:Crown corporation employees

 A participant who is employed by a Crown corporation shall for the purposes of this Part be deemed to be employed in the public service.

  • R.S., 1985, c. P-36, s. 48
  • 2003, c. 22, s. 225(E)

Marginal note:Apportionment

 If a benefit payable under Part I is apportioned between two survivors under subsection 25(2) or (10), the benefit payable to a person referred to in subsection 55(2) is apportioned in the same manner.

  • R.S., 1985, c. P-36, s. 49
  • 1999, c. 34, s. 100

Marginal note:Service to be counted

 For the purposes of sections 51 and 53,

  • (a) in calculating the period during which a person has been employed in the public service, any service of that person as a member of the regular force, or the period during which the person was required to contribute to the Retirement Compensation Arrangements Account by section 8 or 9 of the Retirement Compensation Arrangements Regulations, No. 1, shall be deemed to be employment in the public service; and

  • (b) in calculating the period during which a person has been a participant under this Part, any period during which that person was a regular force participant under this Part prior to August 1, 1966 or under Part II of the Canadian Forces Superannuation Act, or was contributing under Division II of Part I of the Retirement Compensation Arrangements Regulations, No. 1, shall be included.

  • R.S., 1985, c. P-36, s. 50
  • 1999, c. 34, s. 100
  • 2003, c. 22, s. 225(E)

Elections

Marginal note:Election to continue as participant

  •  (1) A participant who is employed in the public service and has been so employed substantially without interruption for two years or more or has been a participant under this Part without interruption for two years or more may, within one year before the time of ceasing to be employed in the public service, elect to continue to be a participant under this Part after that time.

  • Marginal note:Election to continue as participant

    (2) A person who ceases to be employed in the public service and at the time of ceasing to be so employed is a participant who has been employed in the public service substantially without interruption for two years or more or has been a participant under this Part without interruption for two years or more,

    • (a) shall be deemed, for the purposes of this Part except section 53, to be a participant under this Part for a period of thirty days after that time; and

    • (b) may, within that period of thirty days, elect to continue to be a participant under this Part after the expiry of that period, and shall, if on ceasing to be so employed, or on ceasing to be required to contribute to the Retirement Compensation Arrangements Account by section 8 or 9 of the Retirement Compensation Arrangements Regulations, No. 1, he or she is entitled to an immediate annuity or an immediate annual allowance — or to an immediate benefit or an immediate allowance under Part I of those regulations — be deemed so to have elected within that period to continue to be a participant under this Part after the expiry of that period.

  • Marginal note:Idem

    (3) An election under subsection (1) or (2) shall be deemed not to take effect until the expiration of the period of thirty days mentioned in paragraph (2)(a).

  • Marginal note:When regular force participant deemed participant

    (4) Despite anything in this Part, a participant who becomes a regular force participant ceases to be a participant under this Part, but if on ceasing to be a regular force participant they are not entitled to an immediate annuity or an immediate annual allowance under the Canadian Forces Superannuation Act and are entitled to an immediate annuity or an immediate annual allowance under Part I, they are deemed to have elected under subsection (1) to continue to be a participant under this Part.

  • R.S., 1985, c. P-36, s. 51
  • 1996, c. 18, s. 36
  • 1999, c. 34, s. 101
  • 2003, c. 22, s. 225(E), c. 26, s. 53

Marginal note:Elections to reduce benefits

  •  (1) If the basic benefit of an elective participant who, on ceasing to be employed in the public service, or on ceasing to be required to contribute to the Retirement Compensation Arrangements Account by section 8 or 9 of the Retirement Compensation Arrangements Regulations, No. 1, was entitled to an immediate annuity or an immediate annual allowance — or to an immediate benefit or an immediate allowance under Part I of those regulations — exceeds ten thousand dollars, the amount of the basic benefit shall, if the participant so elects, be reduced to ten thousand dollars.

  • Marginal note:Transitional

    (2) An elective participant who has made an election under section 52 of this Act as it read from time to time before October 5, 1992 is, beginning on that day, deemed to have elected to reduce the basic benefit of the participant to five thousand dollars unless, within one year after that day, the participant elects not to be deemed to have so elected.

  • Marginal note:Transitional

    (2.1) An elective participant who has made an election under section 52 of this Act as it read from time to time before the day on which this subsection comes into force is, beginning on that day, deemed to have elected to reduce his or her basic benefit to ten thousand dollars unless, within one year after that day, the participant elects not to be deemed to have so elected.

  • Marginal note:Transitional

    (2.2) An elective participant who has attained the age of sixty years on April 1, 1999 may elect, within one year after the day on which this subsection comes into force, to have his or her basic benefit determined in accordance with paragraph (e) of the definition “basic benefit” in subsection 47(1).

  • Marginal note:Election irrevocable

    (3) An election made under this section is irrevocable.

  • R.S., 1985, c. P-36, s. 52
  • 1992, c. 46, s. 26
  • 1999, c. 34, s. 102
  • 2003, c. 22, s. 225(E)

Contributions

Marginal note:Amount of contributions

 Every participant shall contribute to the Consolidated Revenue Fund at the rate of fifteen cents per month for every thousand dollars in the amount of the participant’s basic benefit (reduced, if the participant has attained the age of sixty-five years and is employed in the public service, having been so employed substantially without interruption for two years or more or having been a participant under this Part without interruption for two years or more, by one dollar and fifty cents per month, commencing as of the time that the regulations prescribe, being the contribution otherwise payable under this Part for the basic benefit in the amount of ten thousand dollars referred to in the definition “basic benefit” in subsection 47(1)) or, in the case of elective participants and participants who are absent from duty, any contribution that the regulations prescribe.

  • R.S., 1985, c. P-36, s. 53
  • 1992, c. 46, s. 26
  • 1996, c. 18, s. 37
  • 1999, c. 34, s. 103
  • 2003, c. 22, s. 225(E)

Benefits

Marginal note:Payment of benefit

  •  (1) On the death of a participant, there shall be paid to the persons and in the manner specified in this Part the amount of the basic benefit of the participant with respect to which the last contribution payable under this Part by the participant was calculated.

  • Marginal note:Last contribution for certain cases

    (2) Where, in the case of a participant who at the time of death was employed in the public service, salary is not paid for the full month in which he died, the last contribution shall be for that full month and shall be deemed to have become payable immediately before death.

  • Marginal note:Benefits to certain participants continued

    (3) Notwithstanding subsection (1), in calculating the benefit payable under subsection (1) on the death of a person who was an elective public service participant immediately before August 1, 1966 and who continued to be an elective participant until the time of his death, “basic benefit” means the basic benefit referred to in the definition “basic benefit” in subsection 47(1) as it read immediately prior to August 1, 1966.

  • R.S., 1985, c. P-36, s. 54
  • 2003, c. 22, s. 225(E)
 
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