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 ISuperannuation (continued)

Group 1 Contributors with Less than Two Years of Pensionable Service

Marginal note:Group 1 contributors

  •  (0.1) For the purposes of this section, a Group 1 contributor is

    • (a) a person employed in the public service who was required to contribute under section 5 on December 31, 2012 and who has continued to be required to contribute under that section without interruption since that date;

    • (b) a person employed in the public service who commenced being so employed before January 1, 2013, who has continued to be so employed, without interruption, since that date and who, having been required to contribute under section 5 before January 1, 2013, has before, on or after that date ceased or ceases to be required to do so and since the cessation has not been required to contribute under that section;

    • (c) a person employed in the public service who commenced being so employed before January 1,  2013, who has continued to be so employed, without interruption, since that date, who was not required to contribute under section 5 before that date by reason only of paragraph 5(1)(f) and who is required to contribute under section 5 on or after that date;

    • (d) a person employed in the public service who was required to contribute under section 5 before January 1, 2013, who ceased or ceases to be required to contribute before, on or after that date, who is again required to contribute under that section on or after that date, and who

      • (i) has been employed in the public service without interruption since the cessation, or

      • (ii) immediately before again being required to contribute, was receiving or entitled to receive an annual allowance, a deferred annuity or an immediate annuity under this section or section 13;

    • (e) a person who, having been required to contribute under section 5 before January 1, 2013, has before that date ceased to be required to do so and is receiving or is entitled to receive an annual allowance, a deferred annuity or an immediate annuity under this section or section 13; or

    • (f) a person who, on the day immediately before the day on which he or she ceases to be employed in the public service, is a person described in any of paragraphs (a) to (d), unless he or she has received a return of contributions under subsection (3) or payment of a transfer value to him or her has been effected in accordance with subsection 13.01(2).

  • Marginal note:Group 1 contributors with less than two years of pensionable service

    (1) The following provisions are applicable in respect of any contributor described in subsection (2):

    • (a) if the contributor ceases to be employed in the public service, having reached sixty years of age, or ceases to be employed in the public service by reason of having become disabled, he or she is entitled, at his or her option, to

      • (i) an immediate annuity, or

      • (ii) either a cash termination allowance or a return of contributions, whichever is the greater;

    • (b) if the contributor ceases to be employed in the public service, not having reached sixty years of age, for any reason other than disability, he or she is entitled, at his or her option, to

      • (i) a deferred annuity,

      • (ii) a return of contributions, or

      • (iii) an annual allowance calculated and payable in the manner set out in clause 13(1)(c)(ii)(D); and

    • (c) if the contributor becomes disabled, not having reached sixty years of age but having become entitled to a deferred annuity, he ceases to be entitled to that deferred annuity and becomes entitled to an immediate annuity.

    • (d) [Repealed, 1999, c. 34, s. 64]

  • Marginal note:Group 1 contributors to whom subsection (1) applies

    (2) For the purposes of subsection (1), a contributor described in this subsection is any Group 1 contributor who

    • (a) having been a contributor under Part I of the Superannuation Act immediately prior to January 1, 1954 and having been employed in the public service substantially without interruption thereafter, has to the contributor’s credit less than two years of pensionable service;

    • (b) having to the contributor’s credit more than thirty-three years of service giving rise to a superannuation or pension benefit of a kind described in subsection 5(5), has to the contributor’s credit less than two years of pensionable service;

    • (c) having had to the contributor’s credit more than two years of pensionable service, has, on ceasing to be employed in the public service in order to become employed by an approved employer, less than two years of pensionable service remaining to the contributor’s credit for which no further contributions are required and that the contributor is unable to count as pensionable service for the purposes of the superannuation or pension fund or plan of that approved employer; or

    • (d) having had to the contributor’s credit more than two years of pensionable service, has, on ceasing to be employed in the public service in order to become a member of the regular force or of the Force, less than two years of pensionable service remaining to the contributor’s credit that the contributor is unable to count as pensionable service for the purposes of the Canadian Forces Superannuation Act or the Royal Canadian Mounted Police Superannuation Act.

  • Marginal note:Other Group 1 contributors

    (3) A Group 1 contributor, other than one described in subsection (2), who has to his or her credit less than two years of pensionable service, is entitled, on ceasing to be employed in the public service, to a return of contributions.

  • Marginal note:Allowance to survivor and children

    (4) On the death of a contributor who, at the time of death, was entitled under subsection (1) to an immediate annuity, a deferred annuity or an annual allowance, the survivor and children of the contributor are entitled to the following allowances, computed on the basis of the product obtained by multiplying the average annual salary of the contributor during the period applicable, as specified in subsection 11(1) or elsewhere in this Part for the purposes of that subsection, by the number of years of pensionable service to his or her credit, one one-hundredth of the product so obtained being referred to in this subsection as the “basic allowance”:

    • (a) in the case of the survivor, an immediate annual allowance equal to the basic allowance, and

    • (b) in the case of each child, an immediate annual allowance equal to one-fifth of the basic allowance or, if the contributor died without leaving a survivor, the survivor is dead or the survivor is not entitled to receive an allowance under this Part, other than an immediate annual allowance under section 13.1, two-fifths of the basic allowance,

    but the total amount of the allowances paid under paragraph (b) shall not exceed four-fifths of the basic allowance or, if the contributor died without leaving a survivor, the survivor is dead or the survivor is not entitled to receive an allowance under this Part, other than an immediate annual allowance under section 13.1, eight-fifths of the basic allowance.

  • Marginal note:Idem

    (5) Where, in computing the allowances to which the children of a contributor are entitled under subsection (4), it is determined that there are more than four children of the contributor entitled to an allowance, the total amount of the allowances shall be apportioned among the children in such shares as the Minister deems just and proper under the circumstances.

  • Marginal note:Allowance

    (6) Notwithstanding subsection (8), on the death of a contributor who at the time of death was a contributor described in paragraph (2)(a) or (b), the survivor and children of the contributor are entitled to the annual allowances to which they would have been entitled under subsection (4) had the contributor, immediately prior to death, become entitled under subsection (1) to an immediate annuity, a deferred annuity or an annual allowance.

  • Marginal note:Allowance

    (7) On the death of a contributor who has, after having reached the age of forty-five years, received an amount as a cash termination allowance or as a return of contributions in respect of pensionable service prior to October 1, 1967, but who continued, on receiving the cash termination allowance or return of contributions, to have to his or her credit pensionable service after September 30, 1967 of less than five years, the survivor and children of the contributor are entitled to the annual allowances to which they would have been entitled under subsection (4) had the contributor, immediately before death, become entitled under subsection (1) to an immediate annuity, a deferred annuity or an annual allowance.

  • Marginal note:Lump sum payment to survivor and children

    (8) Subject to subsection (7), on the death of a contributor who, not having been a contributor under Part I of the Superannuation Act immediately before January 1, 1954, or, having been a contributor under that Act at that time but not having continued to be employed in the public service substantially without interruption after that date, was employed in the public service at the time of the contributor’s death, having to the contributor’s credit less than two years of pensionable service, the survivor and children of the contributor, in any case where the contributor died leaving a survivor or a child less than eighteen years of age, are entitled, jointly, to a death benefit equal to a return of contributions.

  • Marginal note:Definition of “child”

    (9) For the purposes of this section and section 13, child means a child of the contributor who

    • (a) is less than eighteen years of age; or

    • (b) is eighteen or more years of age but less than twenty-five years of age, and is in full-time attendance at a school or university, having been in such attendance substantially without interruption since the child reached eighteen years of age or the contributor died, whichever occurred later.

  • R.S., 1985, c. P-36, s. 12
  • 1989, c. 6, s. 2
  • 1992, c. 46, s. 9
  • 1996, c. 18, s. 28
  • 1999, c. 34, s. 64
  • 2003, c. 22, s. 225(E), c. 26, s. 50
  • 2012, c. 31, s. 482
 
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