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 ISuperannuation (continued)

Group 2 Contributors with Less than Two Years of Pensionable Service

Marginal note:Group 2 contributors

  •  (1) In this section, a Group 2 contributor is any contributor other than a Group 1 contributor described in subsection 12(0.1).

  • Marginal note:Group 2 contributors with less than two years of pensionable service

    (2) The following provisions are applicable in respect of any contributor described in subsection (3):

    • (a) if the contributor ceases to be employed in the public service, having reached 65 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 65 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 13.001(1)(c)(ii)(D); and

    • (c) if the contributor becomes disabled, not having reached 65 years of age but having become entitled to a deferred annuity, he or she ceases to be entitled to that deferred annuity and becomes entitled to an immediate annuity.

  • Marginal note:Group 2 contributors to whom subsection (2) applies

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

    • (a) having to his or her credit more than 33 years of service giving rise to a superannuation or pension benefit of a kind described in subsection 5(5), has to his or her credit less than two years of pensionable service; or

    • (b) having had to his or her 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 his or her credit that he or she 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 2 contributors

    (4) A Group 2 contributor, other than one described in subsection (3), 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

    (5) On the death of a contributor who, at the time of death, was entitled under subsection (2) to an immediate annuity, a deferred annuity or an annual allowance, the contributor’s survivor and children are entitled to the following allowances, computed on the basis of the product obtained by multiplying the contributor’s average annual salary 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, 1/100 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 1/5 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, 2/5 of the basic allowance.

    However, the total amount of the allowances paid under paragraph (b) shall not exceed 4/5 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, 8/5 of the basic allowance.

  • Marginal note:Allowance to survivor and children

    (6) When, in computing the allowances to which the contributor’s children are entitled under subsection (5), it is determined that there are more than four children of the contributor who are entitled to an allowance, the total amount of the allowances shall be apportioned among the children in the shares that the Minister considers just and proper under the circumstances.

  • Marginal note:Allowance

    (7) Despite subsection (8), on the death of a contributor who at the time of death was a contributor described in paragraph (3)(a), the contributor’s survivor and children are entitled to the annual allowances to which they would have been entitled under subsection (5) had the contributor, immediately before his or her death, become entitled under subsection (2) to an immediate annuity, a deferred annuity or an annual allowance.

  • Marginal note:Lump sum payment to survivor and children

    (8) On the death of a Group 2 contributor who at the time of death was employed in the public service, having to his or her credit less than two years of pensionable service, the contributor’s survivor and children, if the contributor died leaving a survivor or a child less than 18 years of age, are entitled, jointly, to a death benefit equal to a return of contributions.

  • Definition of child

    (9) For the purposes of this section and section 13.001, child means a child of the contributor who

    • (a) is less than 18 years of age; or

    • (b) is 18 or more years of age but less than 25 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 18 years of age or the contributor died, whichever occurred later.

  • 2012, c. 31, s. 483

Group 1 Contributors with Two or More Years of Pensionable Service

Marginal note:Group 1 contributors with two or more years of pensionable service

  •  (1) The following provisions are applicable in respect of any Group 1 contributor described in subsection 12(0.1) who has to his or her credit two or more years of pensionable service:

    • (a) if the contributor ceases to be employed in the public service, having reached sixty years of age, the contributor is entitled to an immediate annuity;

    • (b) if the contributor ceases to be employed in the public service, not having reached sixty years of age, by reason of having become disabled, the contributor is entitled to an immediate annuity;

    • (c) if he or she 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 to,

      • (i) if at the time he or she ceases to be so employed he or she has reached fifty-five years of age and has to his or her credit not less than thirty years of pensionable service, an immediate annuity, or

      • (ii) in any other case, at his or her option

        • (A) a deferred annuity,

        • (B) if at the time he or she ceases to be so employed he or she has reached fifty years of age and has to his or her credit not less than twenty-five years of pensionable service, an annual allowance, payable immediately on his or her exercising his or her option, equal to the amount of the deferred annuity referred to in clause (A) reduced by the product obtained by multiplying five per cent of the amount of that annuity by

          • (I) fifty-five minus his or her age in years, to the nearest one-tenth of a year, at the time he or she exercises his or her option, or

          • (II) thirty minus the number of years, to the nearest one-tenth of a year, of pensionable service to his or her credit,

          whichever is the greater,

        • (C) if at the time he or she ceases to be so employed he or she has reached fifty-five years of age, has been employed in the public service for a period of or for periods totalling at least ten years and does not voluntarily retire from the public service, an annual allowance, payable immediately on his or her so ceasing to be employed, equal to the amount of the deferred annuity referred to in clause (A) reduced by the product obtained by multiplying

          • (I) five per cent of the amount of that annuity

          by

          • (II) thirty minus the number of years, to the nearest one-tenth of a year, of pensionable service to his or her credit,

          except that in any such case the whole or any part of the reduction provided for by this clause may be waived by the Treasury Board, or

        • (D) an annual allowance, payable

          • (I) immediately on his or her exercising his or her option, in the case of a contributor fifty or more years of age, or

          • (II) on his or her reaching fifty years of age, in the case of a contributor who exercises his or her option when he or she is less than fifty years of age,

          which allowance shall be equal to the amount of the deferred annuity referred to in clause (A) reduced by the product obtained by multiplying

          • (III) five per cent of the amount of that annuity

          by

          • (IV) sixty minus his or her age in years, to the nearest one-tenth of a year, at the time the allowance becomes payable; and

    • (d) if he becomes disabled, not having reached sixty years of age but having become entitled to

      • (i) a deferred annuity, he ceases to be entitled to that deferred annuity and becomes entitled to an immediate annuity, or

      • (ii) an annual allowance, he ceases to be entitled to that annual allowance and becomes entitled to an immediate annuity, which shall be adjusted in accordance with the regulations to take into account the amount of the annual allowance he has received.

    • (e) [Repealed, 1999, c. 34, s. 65]

  • Marginal note:Allowance to survivor and children

    (2) On the death of a contributor who, at the time of death, was entitled under subsection (1) to an immediate annuity or a deferred annuity, or to an annual allowance payable immediately or on reaching fifty years of age, the survivor and children of the contributor are entitled to an annual allowance respectively, as described in paragraphs 12(4)(a) and (b) and subject to the limitations set out in subsections 12(4) and (5).

  • Marginal note:Allowance to survivor and children

    (3) On the death of a Group 1 contributor described in subsection 12(0.1) who was employed in the public service at the time of death, having to his or her credit two or more years of pensionable service, the contributor’s survivor and children are entitled to the annual allowances to which they would have been entitled under subsection (2) had the contributor, immediately before his or her death, become entitled under subsection (1) to an immediate annuity or a deferred annuity or an annual allowance payable immediately or on reaching 50 years of age.

  • Marginal note:Voluntary retirement of Group 1 contributor

    (4) Despite anything in this section, a Group 1 contributor described in subsection 12(0.1) who voluntarily retires from the public service, not having been employed in it substantially without interruption for a period of two years immediately before retirement from it, is entitled only to a return of contributions.

  • Marginal note:Exceptions

    (4.1) Subsection (4) does not apply to a contributor described in paragraph 10(5)(c) or subsection 10(7) or a contributor who has made an election in respect of any period specified in clause 6(1)(b)(iii)(M) or under subsection 39(6) or under any regulations made pursuant to subsection 42(8).

  • Marginal note:Calculation of period of service

    (5) For the purposes of subsection (4), in calculating the period during which a contributor has been employed in the public service, there shall be included any period of service of the contributor

    • (a) as a member of the regular force or as a member of the Force, or

    • (b) with an approved employer with whom the Minister has entered into an agreement pursuant to section 40 or an eligible employer with whom the Minister has entered into an agreement pursuant to section 40.2, that the contributor is, pursuant to the agreement, entitled to count as pensionable service for the purposes of this Part,

    that is within a period of two years immediately before the contributor’s retirement from the public service.

  • Marginal note:Where annual allowance to be adjusted

    (6) Where a contributor described in paragraph (1)(c) who was receiving an annual allowance payable under this Part is subsequently re-employed in the public service, the amount of any annuity or annual allowance to which that contributor may become entitled under this Part on again ceasing to be employed in the public service shall be adjusted in accordance with the regulations to take into account the amount of the annual allowance he has received.

  • (7) [Repealed, 1999, c. 34, s. 65]

  • R.S., 1985, c. P-36, s. 13
  • 1996, c. 18, s. 30
  • 1999, c. 34, s. 65
  • 2003, c. 22, s. 225(E)
  • 2012, c. 31, s. 485
 
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