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Public Service Superannuation Act

Version of section 40.2 from 2013-01-01 to 2021-05-04:


Marginal note:Definition of eligible employer

  •  (1) In this section, eligible employer means an employer for the benefit of whose employees there is a pension plan or retirement savings plan of a class prescribed by regulations made under paragraph 42.1(1)(v.6), and includes the administrator of any such pension plan or retirement savings plan.

  • Marginal note:Authority to enter into agreement

    (2) The Minister may, on terms approved by the Treasury Board, enter into an agreement with any eligible employer that

    • (a) requires the Minister to pay to that employer, for the purpose of any plan referred to in subsection (1), an amount determined in accordance with subsection (3) in respect of any contributor who has ceased or ceases to be employed in the public service and is or becomes employed by that employer; and

    • (b) may provide that any eligible employer pay into the Superannuation Account or the Public Service Pension Fund an amount determined in accordance with the agreement in respect of any person who has ceased or ceases to be employed by that employer and is or becomes employed in the public service.

  • Marginal note:Authority to transfer contributions

    (3) When a contributor ceases to be employed in the public service and is or becomes employed by any eligible employer with whom the Minister has entered into an agreement pursuant to subsection (2), there may be paid, subject to the terms and conditions that the agreement provides and if the agreement so provides, to that employer

    • (a) out of the Superannuation Account

      • (i) amounts equal in the aggregate to

        • (A) an amount not exceeding the value, actuarially calculated in accordance with the agreement, of all benefits accrued under this Part and Part III in respect of the pensionable service to the credit of the contributor before April 1, 2000, and

        • (B) an amount representing interest on the amount determined in accordance with clause (A) as of the date of payment to the eligible employer that the Minister determines, or

      • (ii) the benefits payable under this Part and Part III to or in respect of the contributor, as they become payable, in respect of the pensionable service to the credit of the contributor before April 1, 2000; and

    • (b) out of the Public Service Pension Fund

      • (i) amounts equal in the aggregate to

        • (A) an amount not exceeding the value, actuarially calculated in accordance with the agreement, of all benefits accrued under this Part and Part III in respect of the pensionable service of the contributor on or after April 1, 2000 or that comes to the credit of the contributor on or after that date, and

        • (B) an amount representing interest on the amount determined in accordance with clause (A) as of the date of payment to the eligible employer that the Minister determines, or

      • (ii) the benefits payable under this Part and Part III to or in respect of the contributor, as they become payable, in respect of the pensionable service to the credit of the contributor on or after April 1, 2000 or that comes to the credit of the contributor on or after that date.

  • Marginal note:Consent of contributor

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

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

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

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

    (6) Subject to any regulations made under paragraph 42.1(1)(u), if, under paragraph (3)(a) or (b), the Minister makes a payment to an eligible 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 difference to employee who was vested

    (7) Subject to subsection (8), where the amount paid by the Minister to an eligible employer pursuant to subsection (3) in respect of an employee is less than the transfer value that would be calculated in respect of that employee in accordance with section 13.01, whether or not the employee would otherwise be entitled to the transfer value, the Minister shall pay an amount equal to the amount of the difference to the employee in accordance with subsection 13.01(2).

  • Marginal note:Payment of difference to employee who was not vested

    (8) If the amount paid by the Minister to an eligible employer under subsection (3) in respect of an employee is less than the return of contributions to which that employee would otherwise be entitled under any of sections 12 to 13.001, the Minister shall pay to the employee an amount equal to the amount of the difference.

  • Marginal note:Service countable by employee entering public service

    (9) If an employee of any eligible employer with whom the Minister has entered into an agreement under subsection (2) has ceased to be employed by that employer and is or becomes employed in the public service, any service of that employee that, at the time of leaving that employment, the employee was entitled to count for the purpose of any plan referred to in subsection (1) established for the benefit of employees of that employer may, if the agreement so provides, be counted by the employee as pensionable service for the purposes of subsection 6(1), to the extent and subject to the terms and conditions provided in the regulations, if the employer pays into the Superannuation Account or the Public Service Pension Fund, the amount that is required under the agreement to be paid by that employer in respect of the employee.

  • 1996, c. 18, s. 33
  • 1999, c. 34, s. 89
  • 2003, c. 22, s. 225(E)
  • 2012, c. 31, s. 497
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