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Public Service Superannuation Act

Version of section 47 from 2005-04-01 to 2024-03-06:


Marginal note:Definitions

  •  (1) In this Part,

    basic benefit

    basic benefit, with respect to a participant, means an amount equal to twice the salary of the participant, if that amount is a multiple of one thousand dollars, or an amount equal to the nearest multiple of one thousand dollars above twice the salary of the participant, if the first-mentioned amount is not a multiple of one thousand dollars, subject to a reduction of ten per cent, to be made as of the time that the regulations prescribe, for every year of age in excess of sixty-five attained by the participant, except that

    • (a) in the case of a participant who is employed in the public service, the basic benefit shall not be less than

      • (i) an amount equal to one third of the participant’s salary, if that one-third is a multiple of one thousand dollars, or an amount equal to the nearest multiple of one thousand dollars above one third of the participant’s salary, if that one-third is not a multiple of one thousand dollars, or

      • (ii) ten thousand dollars,

      whichever is the greater,

    • (b) subject to paragraphs (c) and (d), in the case of an elective participant who, on ceasing to be employed in the public service, on ceasing to be a member of the regular force or on ceasing to be required to contribute to the Retirement Compensation Arrangements Account by section 8 or 9 of the Retirement Compensation Arrangements Regulations, No. 1, was entitled to an immediate annuity, or an immediate annual allowance, the basic benefit shall not be less than ten thousand dollars,

    • (c) in the case of an elective participant who makes an election under subsection 52(2), the basic benefit shall be five hundred dollars,

    • (d) in the case of an elective participant who makes an election under subsection 52(2.1), the basic benefit shall be five thousand dollars, and

    • (e) in the case of an elective participant who makes an election under subsection 52(2.2), the basic benefit shall be subject to a reduction of ten per cent, to be made as of the time that the regulations prescribe, for every year of age in excess of sixty attained by the participant; (prestation de base)

    benefit

    benefit means the amount payable in respect of a participant under section 54; (prestation)

    Crown corporation

    Crown corporation means a Crown corporation as defined in section 83 of the Financial Administration Act, except any such corporation specified in Part I of Schedule I to this Act; (société d’État)

    elective

    elective, as applied to a participant, means that the participant comes within paragraph (c) or (d) of the definition “participant” in this section; (volontaire)

    immediate annual allowance

    immediate annual allowance means an annual allowance payable within thirty days after the day on which a participant ceases to be employed in the public service after March 31, 1995, or ceases to be required to contribute to the Retirement Compensation Arrangements Account by section 8 or 9 of the Retirement Compensation Arrangements Regulations, No. 1; (allocation annuelle immédiate)

    participant

    participant means

    • (a) a person who is required by section 5 to contribute to the Superannuation Account or the Public Service Pension Fund,

    • (b) an employee of a Crown corporation who is required to contribute to the Superannuation Account or the Public Service Pension Fund in respect of current service,

    • (b.1) a person who is required to contribute to the Retirement Compensation Arrangements Account by section 8 or 9 of the Retirement Compensation Arrangements Regulations, No. 1,

    • (c) a person not coming within paragraphs (a) to (b.1) who has made an election under section 51 and continues to contribute under this Part,

    • (d) a person not coming within paragraph (a), (b), (b.1) or (c) who has made an election under section 51 and to whom the basic benefit of ten thousand dollars referred to in paragraph (b) of the definition “basic benefit” in this subsection, or to whom the basic benefit of five hundred dollars referred to in paragraph (c) of that definition — or to whom the basic benefit of five thousand dollars referred to in paragraph (d) of that definition — applies without contribution under this Part by the participant for it,

    • (e) a person to whom subsection 5.1(2) applies, and

    • (f) a person who has made an election under subsection 5.3(1),

    but does not include an employee of a Crown corporation or public board excluded from the operation of this Part by the regulations; (participant)

    public board

    public board means a board, commission or corporation specified in Schedule I; (office public)

    regular force participant

    regular force participant means a person who is a participant under Part II of the Canadian Forces Superannuation Act; (participant de la force régulière)

    salary

    salary means

    • (a) in the case of a participant employed in the public service, the salary as defined for purposes of Part I, expressed in terms of an annual rate, except that where a retroactive increase is authorized in the salary of that participant, the increase shall be deemed to have commenced to have been received by him on such day as the regulations prescribe,

    • (b) in the case of an elective participant, his salary in the public service at the time he ceased to be employed in the public service, expressed in terms of an annual rate, and

    • (c) in the case of a participant who is required to contribute to the Retirement Compensation Arrangements Account by section 8 or 9 of the Retirement Compensation Arrangements Regulations, No. 1, the salary referred to in subsections 8(3) or 9(1) of those Regulations. (traitement)

  • Marginal note:Other words and expressions

    (2) In this Part, words and expressions other than those mentioned in subsection (1) have the same meaning as in Part I.

  • R.S., 1985, c. P-36, s. 47
  • 1992, c. 46, s. 25
  • 1996, c. 16, s. 51
  • 1999, c. 34, s. 98
  • 2003, c. 22, s. 225(E)

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