Public Service Superannuation Act

Marginal note:Service that may be counted

• 39 (1) Any person who becomes a contributor under this Part, having been a member of the regular force but not having become entitled to an annuity, annual allowance or pension under the Canadian Forces Superannuation Act, or having been a member of the Force but not having become entitled to an annuity or annual allowance under the Royal Canadian Mounted Police Superannuation Act, is entitled to count as pensionable service, for the purposes of this Part, any period of service that, under the Canadian Forces Superannuation Act or the Royal Canadian Mounted Police Superannuation Act, as the case may be, he was entitled to count for pension purposes, if he elects, within one year of becoming a contributor under this Part, to pay for that service.

• Marginal note:Amount to be paid

  (2) Where a person elects to pay for a period of service under subsection (1), the amount required by this Part to be paid by that person for that service is,

  • (a) in the case of service for which, by the Canadian Forces Superannuation Act or the Royal Canadian Mounted Police Superannuation Act, as the case may be, he was required to pay, any amount by which

    • (i) the total amount required by that Act to be paid by him for that service

    exceeds

    • (ii) the total amount actually paid by him for that service, minus any amount paid to him under that Act at any time before the making of the election,

    together with simple interest at four per cent per annum on any amount paid to him under that Act at any time before the making of the election, from the time when the payment was made until the first day of the month in which the election was made;

  • (b) in the case of service for which, by the Canadian Forces Superannuation Act or the Royal Canadian Mounted Police Superannuation Act, as the case may be, he or she was not required to pay, an amount equal to the amount that he or she would have been required to pay had he or she, during the period of that service, been required to contribute

    • (i) if that period or any portion of it was before 1966, in the manner and at the rates set out in subsection 5(1) as it read on December 31, 1965, in respect of that service or that portion,

    • (ii) if that period or any portion of it was after 1965 but before January 1, 2000, in the manner and at the rates set out in subsection 5(1) as it reads on December 31, 1999 in respect of that service or that portion,

    • (iii) if that period or any portion of it was after 1999 but before January 1, 2004, in the manner and at the rates set out in subsection 5(1.1), as it read on December 31, 2003, in respect of that period or portion,

    • (iv) if that period or any portion of it was after 2003 but before January 1, 2013, in the manner and at the rates determined under subsection 5(1.2), as it read on December 31, 2012, in respect of that period or portion, and

    • (v) if that period or any portion of it was after 2012, in the manner set out in subsection 5(2) and at the rates determined by the Treasury Board under that subsection, in respect of that period or portion,

    in respect of a salary at a rate equal to the rate authorized to be paid to him or her on the most recent occasion on which he or she became a contributor under this Part, together with interest, as defined in subsection 7(2); and

  • (c) notwithstanding paragraph (a), in the case of service for which, by the Canadian Forces Superannuation Act or the Royal Canadian Mounted Police Superannuation Act, as the case may be, he or she was required to pay, and in respect of which he or she has received an amount by way of a return of contributions or a cash termination allowance, an amount equal to the amount that he or she would have been required to pay had he or she, during the period of that service, been required to contribute

    • (i) if that period or any portion of it was before 1966, in the manner and at the rates set out in subsection 5(1) as it read on December 31, 1965, in respect of that service or that portion,

    • (ii) if that period or any portion of it was after 1965 but before January 1, 2000, in the manner and at the rates set out in subsection 5(1) as it reads on December 31, 1999 in respect of that service or that portion,

    • (iii) if that period or any portion of it was after 1999 but before January 1, 2004, in the manner and at the rates set out in subsection 5(1.1), as it read on December 31, 2003, in respect of that period or portion,

    • (iv) if that period or any portion of it was after 2003 but before January 1, 2013, in the manner and at the rates determined under subsection 5(1.2), as it read on December 31, 2012, in respect of that period or portion, and

    • (v) if that period or any portion of it was after 2012, in the manner set out in subsection 5(2) and at the rates determined by the Treasury Board under that subsection, in respect of that period or portion,

    in respect of a salary at a rate equal to the rate authorized to be paid to him or her on the most recent occasion on which he or she became a contributor under this Part, together with interest, as defined in subsection 7(2).

• Marginal note:Salary deemed to have been received

  (3) For the purposes of this Part, the salary deemed to have been received by a person to whom subsection (1) applies, during any period of service of the kind described in paragraph (2)(a), (b) or (c), is a salary at a rate equal to the rate of salary on the basis of which the amount required to be paid for that period of service

  • (a) by the Canadian Forces Superannuation Act or the Royal Canadian Mounted Police Superannuation Act, as the case may be, in the case of service of the kind described in paragraph (2)(a), or

  • (b) by this Part, in the case of service of the kind described in paragraph (2)(b) or (c),

  was determined.

• Marginal note:Surrender of benefits on election

  (4) Notwithstanding anything in the Canadian Forces Superannuation Act or the Royal Canadian Mounted Police Superannuation Act, on the making of any election under subsection (1), the person so electing and any person to whom any benefit might otherwise have become payable under the Canadian Forces Superannuation Act or the Royal Canadian Mounted Police Superannuation Act, as the case may be, in respect of that person, cease to be entitled to any benefit under that Act in respect of any service of that person to which that election relates.

• Marginal note:Right to retain pension

  (5) Any person who becomes a contributor under this Part, having been a member of the regular force and having become entitled to an annuity, annual allowance or pension under the Canadian Forces Superannuation Act, or having been a member of the Force and having become entitled to an annuity or annual allowance under the Royal Canadian Mounted Police Superannuation Act, is entitled, for the purposes of this Part, to retain that annuity, annual allowance or pension, but the period of service on which that annuity, annual allowance or pension was based may not be counted by that person for the purposes of any benefit to which he may become entitled under this Part by reason of having become a contributor hereunder.

• Marginal note:Election to surrender benefits

  (6) Notwithstanding subsection (5), any person to whom that subsection applies may elect, after becoming a contributor under this Part, to surrender the annuity, annual allowance or pension therein referred to, in which case, notwithstanding anything in the Canadian Forces Superannuation Act or the Royal Canadian Mounted Police Superannuation Act, the person so electing and any person to whom any benefit might otherwise have become payable under the Canadian Forces Superannuation Act or the Royal Canadian Mounted Police Superannuation Act, as the case may be, in respect of that person, cease to be entitled to any benefit under that Act in respect of any service of that person described in subsections (1) and (2), and the person so electing shall be subject to subsections (1) and (2) in all respects as though he had not become entitled to an annuity, annual allowance or pension under that Act but had elected under subsection (1) to pay for the whole of that service.

• Marginal note:Repayment of certain benefits

  (7) If a person to whom subsection (5) applies elects, under subsection (6), to surrender the annuity, annual allowance or pension referred to in subsection (5), the person so electing shall pay an amount equal to the amount of the annuity, annual allowance, pension or supplementary benefit paid to him or her for any period commencing in any month commencing after he or she has been a contributor under this Part for one year, together with simple interest at four per cent per annum and the amount so paid shall be

  • (a) if the election is made before April 1, 2000, credited to the account maintained in the accounts of Canada pursuant to Part I of the Canadian Forces Superannuation Act or pursuant to the Royal Canadian Mounted Police Superannuation Act; or

  • (b) if the election is made on or after April 1, 2000, paid into the Canadian Forces Pension Fund within the meaning of the Canadian Forces Superannuation Act or the Royal Canadian Mounted Police Pension Fund within the meaning of the Royal Canadian Mounted Police Superannuation Act, or credited to one of the accounts referred to in paragraph (a), according to the fund or account from which the annuity, annual allowance, pension or supplementary retirement benefit was originally paid.

• Marginal note:Amount to be credited to Superannuation Account

  (8) On the making of an election under this section before April 1, 2000, by which the person so electing is required by this Part to pay for a period of service of the kind described in paragraph (2)(a), there shall be charged to the account maintained in the accounts of Canada pursuant to the Canadian Forces Superannuation Act or the Royal Canadian Mounted Police Superannuation Act, as the case may be, and credited to the Superannuation Account in respect of that person, an amount equal to the amount determined under subparagraph (2)(a)(ii), and for the purposes of the Canadian Forces Superannuation Act or the Royal Canadian Mounted Police Superannuation Act, as the case may be, the amount of any return of contributions or other lump sum payment that is or may become payable under that Act to or in respect of that person shall be deemed to be the amount otherwise determined in that Act minus the amount required by this subsection to be credited to the Superannuation Account on the making of the election.

• Marginal note:Amount to be paid

  (8.1) Subsection (8) applies, with any modifications that the circumstances require, to an election made on or after April 1, 2000, and a reference to “the account maintained in the accounts of Canada pursuant to the Canadian Forces Superannuation Act or the Royal Canadian Mounted Police Superannuation Act” shall be read as a reference to “the Canadian Forces Pension Fund or the Royal Canadian Mounted Police Pension Fund” in respect of contributions made by the person to that fund, and a reference to “the Superannuation Account” shall be read as a reference to the “Public Service Pension Fund”.

• Marginal note:Amount to be credited to Superannuation Account

  (9) On the making of an election under this section before April 1, 2000, under which the person so electing is required to pay for any period of service of the kind described in paragraph (2)(c), there shall be charged to the account maintained in the accounts of Canada pursuant to the Canadian Forces Superannuation Act or the Royal Canadian Mounted Police Superannuation Act, as the case may be, and credited to the Superannuation Account in respect of that person, an amount equal to the amount of any return of contributions received by that person under that Act.

• Marginal note:Amount to be paid

  (10) Subsection (9) applies, with any modifications that the circumstances require, to an election made on or after April 1, 2000, and a reference to “the account maintained in the accounts of Canada pursuant to the Canadian Forces Superannuation Act or the Royal Canadian Mounted Police Act” shall be read as a reference to “the Canadian Forces Pension Fund or the Royal Canadian Mounted Police Pension Fund” in respect of the portion of the return of contributions that was paid from that fund, and a reference to “the Superannuation Account” shall be read as a reference to the “Public Service Pension Fund”.