Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

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

Act current to 2019-12-03 and last amended on 2019-08-28. Previous Versions

PART ISuperannuation (continued)

Persons Required to Contribute (continued)

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
 
Date modified: