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

Act current to 2019-06-20 and last amended on 2018-10-01. Previous Versions

PART IISupplementary Death Benefits (continued)

General (continued)

Marginal note:Ineligibility

  •  (1) Notwithstanding anything in this Part, the expression “participant” does not include

    • (a) a person employed in the public service on July 1, 1954, or

    • (b) a person who is a member of the regular force on July 1, 1954,

    if that person, on or before November 1, 1954, in such manner and form as the regulations prescribe, has elected not to come under this Part.

  • Marginal note:Election irrevocable

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

  • Marginal note:Application

    (3) Subsection (1) applies only to a person described therein who

    • (a) on August 14, 1956 was employed in the public service or was a member of the regular force and has thereafter continued to be so employed or to be such a member substantially without interruption; or

    • (b) on August 14, 1956 was not employed in the public service and was not a member of the regular force, but since the time when he last ceased to be so employed or to be such a member prior to August 14, 1956 he continued to be employed in the public service or to be a member of the regular force substantially without interruption.

  • Marginal note:Election deemed valid

    (4) Where a person who

    • (a) was employed in the public service on July 1, 1954, and

    • (b) had not, before April 1, 1965, made any contributions under section 53

    made an election under subsection (1) in purported compliance therewith that was invalid by reason only that the person was not, on July 1, 1954, a participant within the meaning of this Part, that election shall be deemed to have been made validly under and in accordance with subsection (1).

  • R.S., 1985, c. P-36, s. 62
  • 2003, c. 22, s. 225(E)

Marginal note:Double payment avoided

 Notwithstanding anything in this Part, no benefit is payable in respect of a deceased participant where ex gratia compensation in lieu of a benefit has been approved by the Governor in Council in respect of that deceased participant.

  • 1984, c. 33, s. 5

PART IIISupplementary Benefits

Marginal note:Definitions

 In this Part,

contributor

contributor[Repealed, 1999, c. 34, s. 107]

pension

pension means any pension, annual allowance or annuity payable under Part I; (pension)

recipient

recipient means a person who is in receipt of a pension, but does not include a person who is in receipt of an immediate annuity or annual allowance under section 16 or 24.2 unless

  • (a) that person has reached sixty years of age,

  • (b) that person, if not having reached sixty years of age, is in receipt of that immediate annuity or annual allowance by reason of being disabled, or

  • (c) that immediate annuity or annual allowance is based on a number of years of operational service, as defined in section 15 or 24.1, as the case may be, that is pensionable service and that pensionable service consists of not less than

    • (i) twenty-six years of pensionable service, in the case of a person who has reached fifty-nine years of age but has not reached sixty years of age,

    • (ii) twenty-seven years of pensionable service, in the case of a person who has reached fifty-eight years of age but has not reached fifty-nine years of age,

    • (iii) twenty-eight years of pensionable service, in the case of a person who has reached fifty-seven years of age but has not reached fifty-eight years of age,

    • (iv) twenty-nine years of pensionable service, in the case of a person who has reached fifty-six years of age but has not reached fifty-seven years of age, or

    • (v) thirty years of pensionable service, in the case of a person who has reached fifty-five years of age but has not reached fifty-six years of age. (prestataire)

  • R.S., 1985, c. P-36, s. 64
  • 1992, c. 46, s. 30
  • 1999, c. 34, s. 107

 [Repealed, 1999, c. 34, s. 108]

Marginal note:Contributions for elective service

  •  (1) A person who elects, pursuant to section 6 or 39, to count as pensionable service any period of elective service specified in that section, or any portion of that service, that is after March 31, 1970 but before January 1, 2000 is required to contribute to the Superannuation Account or the Public Service Pension Fund in respect of it, in addition to any other amount required under this Act, an amount calculated in the manner and in respect of the salary described in those sections

    • (a) in the case of any period of elective service or portion of such a period that is after March 31, 1970 and before January 1, 1977, at the rate of one half of one per cent of the person’s salary; and

    • (b) in the case of any period of elective service or portion of such a period that is after December 31, 1976 and before January 1, 2000 at the rate of one per cent of the person’s salary.

  • Marginal note:Manner of payment

    (2) Subsections 8(6) to (8) apply, 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. 66
  • 1992, c. 46, s. 30
  • 1999, c. 34, s. 109

 [Repealed, 1999, c. 34, s. 110]

Marginal note:Benefit payable

 Subject to this Part, a supplementary benefit is payable to every recipient.

  • R.S., 1985, c. P-36, s. 68
  • 1992, c. 46, s. 30

Marginal note:Calculation of benefit

  •  (1) The supplementary benefit payable to a recipient for a month in any year shall be calculated with reference to the retirement year of the recipient and shall be equal to the amount of the supplementary retirement benefit that would be payable with respect to the recipient’s pension under section 4 of the Supplementary Retirement Benefits Act if that Act applied to the recipient.

  • Marginal note:Exception for first year benefits received

    (2) The supplementary benefit payable to a recipient for a month in the year immediately following the recipient’s retirement year is equal to the product obtained by multiplying

    • (a) the amount of the supplementary benefit that would, but for this section, be payable to the recipient for that month

    by

    • (b) the ratio that the number of complete months that remained in the retirement year after the retirement month bears to twelve.

  • Marginal note:Determination of retirement year or month

    (3) For the purposes of this section,

    • (a) the retirement year or retirement month of a person to or in respect of whom or in respect of whose service a pension is payable, other than a person referred to in paragraph (b), is the year or month, as the case may be, in which, for the purposes of this Act, that person most recently ceased to be employed in the public service; and

    • (b) the retirement year or retirement month of a person who is in receipt of a pension by virtue of being a survivor or a child, is the retirement year or retirement month, as the case may be, of the person in respect of whom or in respect of whose service the pension is payable.

  • Marginal note:Deemed retirement year

    (4) For the purpose of subsection (3), when that subsection is applied in determining under subsection (2) the supplementary benefit payable to a person in respect of a pension payable pursuant to subsection 17(2) or section 24.2, that person is deemed to have ceased to be employed at the time the person ceased to be employed in operational service as defined in section 15 or 24.1, as the case may be.

  • Marginal note:No decrease in amount of supplementary benefit

    (5) Notwithstanding subsection (1) but subject to section 70, the aggregate of the amount of the supplementary benefit and the amount of the pension that may be paid to a recipient for a month in any year shall not be less than the aggregate of the amount of the supplementary benefit and the amount of the pension that was or may be paid to that recipient for any month in the year next before that year.

  • Marginal note:Minimum guaranteed amount

    (6) Despite subsections (1), (2) and (5) but subject to section 70, the amount of the supplementary benefit that may be paid for a month in any year to a recipient shall not be less than an amount equal to the difference obtained by subtracting the amount of the pension that may be paid to the recipient for that month in that year from the aggregate of the supplementary benefit and the maximum pension that would have been payable to that recipient for that month in that year, otherwise than pursuant to this section, if the retirement month of the retirement year of the recipient had been that month in such year as is determined by

    • (a) the Governor in Council, in the case of a person to or in respect of whom the pension is payable on ceasing to hold an office to which the person was appointed by the Governor in Council; or

    • (b) the Treasury Board, in the case of a person other than a person described in paragraph (a).

  • R.S., 1985, c. P-36, s. 69
  • 1992, c. 46, s. 30
  • 1999, c. 34, s. 111
  • 2003, c. 22, s. 225(E), c. 26, s. 54
 
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