Public Service Superannuation Act

Marginal note:Definition of approved employer

• 40 (1) In this section, approved employer means an employer for the benefit of whose employees there is an established superannuation or pension fund or plan approved by the Minister for the purposes of this Part, and includes the administrator of any such superannuation or pension fund or plan established for those employees.

• Marginal note:Authority to enter into agreement

  (2) The Minister may, with the consent of the Governor in Council and on terms approved by the Treasury Board, enter into an agreement with any approved employer under which, in consideration of the agreement of that employer to pay into the Superannuation Account or the Public Service Pension Fund an amount determined in accordance with the agreement in respect of any employee of that employer who becomes or has become employed in the public service, the Minister will pay to that employer, for the purpose of any superannuation or pension fund or plan established for the benefit of employees of that employer, an amount determined in accordance with subsection (3) or (4) in respect of any contributor who has ceased or ceases to be employed in the public service to become employed by that employer.

• Marginal note:Authority to transfer contributions

  (3) If, before October 15, 2000, a contributor ceases to be employed in the public service to become employed by an approved employer with whom the Minister has entered into an agreement pursuant to subsection (2), the Minister may, subject to subsection (9) and if the agreement so provides, pay to that employer out of the Superannuation Account or the Public Service Pension Fund,

  • (a) an amount equal to the total amount paid into the Superannuation Account and the Public Service Pension Fund in respect of that employee, except any portion of the amount so paid by Her Majesty in right of Canada;

  • (b) the amount paid into the Superannuation Account and the Public Service Pension Fund in respect of that employee by Her Majesty in right of Canada that the Minister determines; and

  • (c) the amount representing interest that the Minister determines.

• Marginal note:Idem

  (4) Where a contributor has ceased or ceases to be employed in the public service to become employed by any approved employer as a result of a transfer of the administration of any service from Her Majesty in right of Canada to the approved employer and the Minister has entered into an agreement with the approved employer pursuant to subsection (2), the Minister may, subject to subsection (9) and if the agreement so provides, pay to that employer out of the Superannuation Account

  • (a) amounts equal in the aggregate to

    • (i) the value, actuarially calculated in accordance with and as of the effective date of the agreement, of all benefits accrued under this Part in respect of the pensionable service of the contributor, and

    • (ii) such amount representing interest as the Minister determines, or

  • (b) the benefits payable under this Part and Part III to or in respect of the contributor, as they become payable,

  less any amounts previously paid in respect of the contributor under subsection (12).

• Marginal note:Consent of contributor

  (5) No payment shall be made pursuant to subsection (3) or (4) except with the consent in writing of the contributor.

• Marginal note:Non-applicability of subsection 10(10)

  (6) Subsection 10(10) does not apply in respect of a payment made pursuant to subsection (3) or (4).

• Marginal note:No benefit payable in respect of transferred contributions

  (7) Subject to any regulations made under paragraph 42.1(1)(u), where, pursuant to subsection (3) or paragraph (4)(a), the Minister makes a payment to an approved employer in respect of an employee, that employee ceases to be entitled to any benefit under this Part or Part III in respect of the period of pensionable service to which that payment relates.

• Marginal note:Payment of balance to contributor

  (8) When

  • (a) the amount paid by the Minister to an approved employer pursuant to subsection (3) in respect of an employee,

  together with

  • (b) the amount determined by the Minister as having being paid into the Superannuation Account and the Public Service Pension Fund in respect of that employee and in respect of which that employee is or may become entitled to a benefit under this Part or Part III,

  is less than

  • (c) the amount determined by the Minister as being the total amount paid into the Superannuation Account and the Public Service Pension Fund by and in respect of that employee,

  the Minister may pay to that employee an amount not exceeding that difference.

• Marginal note:Prohibition on transfer of certain contributions

  (9) No amount paid into the Superannuation Account or the Public Service Pension Fund in respect of any period of service of a person described in subsection (11) or (13)

  • (a) that, at the time that person ceased to be employed by an approved employer or the administration of any service in which he or she was employed was transferred to Her Majesty in right of Canada, he or she was entitled to count for the purpose of any superannuation or pension fund or plan established for the benefit of persons employed by that employer or in that service, and

  • (b) in respect of which the Pension Benefits Standards Act, 1985 or a provincial law required the vesting of benefits or the locking-in of contributions

  shall be paid out of the Superannuation Account or the Public Service Pension Fund to an approved employer for the purpose of any superannuation or pension fund or plan established for the benefit of employees of that employer if that fund or plan is not subject to the Pension Benefits Standards Act, 1985 or a provincial law.

• Marginal note:Definition of provincial law

  (10) For the purposes of subsection (9), provincial law means a law of a province that, in the opinion of the Minister, is substantially similar to the Pension Benefits Standards Act, 1985.

• Marginal note:Service countable by employee entering public service

  (11) When an employee of an approved employer with whom the Minister has entered into an agreement pursuant to subsection (2) has ceased to be employed by that employer to become employed in the public service and becomes a contributor before April 1, 2000, any service of that employee that, at the time he or she left that employment, he or she was entitled to count for the purpose of any superannuation or pension fund or plan established for the benefit of employees of that employer may, if the agreement so provides, be counted by him or her as pensionable service for the purposes of subsection 6(1) without contribution by him or her except as specified in the agreement if, within one year from the time when he or she becomes a contributor under this Part or within the further time that is specified in the agreement, the employer pays into the Superannuation Account the amount that is required under the agreement to be paid by that employer in respect of the employee.

• Marginal note:Service countable by employee entering public service

  (11.1) If an employee of an approved employer with whom the Minister has entered into an agreement pursuant to subsection (2) has ceased to be employed by that employer to become employed in the public service, and becomes a contributor, on or after April 1, 2000, subsection (11) applies, with any modifications that the circumstances require, and a reference to “the Superannuation Account” shall be read as a reference to “the Public Service Pension Fund” in respect of any period of pensionable service on or after April 1, 2000.

• Marginal note:Transfer of past contributions

  (12) The Minister may pay to any approved employer with whom he has entered into an agreement pursuant to subsection (2), in respect of any employee of that employer who, having been a contributor under this Part or Part I of the Superannuation Act, ceased to be employed in the public service prior to the day on which the agreement was entered into to become employed by that employer and has not at any time received any withdrawal allowance or other benefit under this Part or the Superannuation Act, such amount out of the Superannuation Account, not exceeding the total amount paid into or credited to that Account in respect of that employee, as is determined by the Minister, having regard to the terms of the agreement.

• Marginal note:Pensionable service in service transferred to Her Majesty

  (13) Where the administration of any service is or has been transferred to Her Majesty in right of Canada, every person who becomes or has become employed in the public service as a result of that transfer may, notwithstanding any previous election made under this Act, count as pensionable service for the purpose of subsection 6(1) any period of service prior to that transfer that he was entitled to count for the purpose of any superannuation or pension fund or plan established for the benefit of persons employed in that service, subject to such terms and conditions as the Treasury Board may prescribe.

• Marginal note:Amounts paid into S.R.B. Account

  (14) Where, in this section, reference is made to amounts paid into the Superannuation Account by or in respect of an employee, the reference shall be deemed to include amounts paid into or credited to that Account by or in respect of that employee pursuant to Part III.