Public Service Pension Adjustment Act (R.S.C. 1970, c. P-33)

Short Title

Marginal note:Short title

1 This Act may be cited as the Public Service Pension Adjustment Act.

Interpretation

Marginal note:Definitions

2 In this Act

child

child means a person who is in receipt of a pension by virtue of being the child of an employee and, unless the context otherwise requires, does not include an orphan; (enfant)

employee

employee means a person in receipt of a pension who was

• (a) employed in the public service of Canada,

• (b) a member of the forces, or

• (c) a member of the Royal Canadian Mounted Police; (employé)

forces

forces means the regular forces of the Canadian Forces, and includes the forces known before the coming into force of Part II of the National Defence Act as the Royal Canadian Navy, the Canadian Army Active Force, the Permanent Active Militia, the Permanent Militia Corps, the permanent staff of the Militia, the Royal Canadian Air Force (Regular) and the Permanent Active Air Force; (forces)

orphan

orphan means a child of an employee who is in receipt of a pension by virtue of being an orphan; (orphelin)

pension

pension means the basic pension, annual allowance or annuity

• (a) payable pursuant to an enactment or pension plan listed in Schedule I, and

• (b) calculated, without regard to any reduction or decrease made after the date the pension first became payable, on the basis of the length of service of the employee to or in respect of whom such pension, annual allowance or annuity is payable; (pension)

recipient

recipient means an employee, widow, child or orphan; (bénéficiaire)

salary

salary includes wages and pay and allowances; (traitement)

widow

widow means a person who is in receipt of a pension by virtue of being the widow of an employee. (veuve)

Calculation of Adjustment

Marginal note:Calculation of adjustment

• 3 (1) Subject to this Act, the annual rate of the pension payable to a recipient whose pension does not exceed the annual rate specified in column 2 of Schedule III for the class to which that recipient belongs is increased by an amount equal to the lesser of

  • (a) the amount obtained by multiplying

    • (i) the annual rate of the pension payable to the recipient, or

    • (ii) the annual rate specified in column 1 of Schedule III for the class to which the recipient belongs,

    whichever is the lesser, by the figure in columns 2 to 7 of Schedule II that is appropriate to the salary basis on which the pension of the recipient is calculated and is opposite the latest period of service of the employee, to or in respect of whom the pension is payable, as set out in column 1 of the said Schedule, that was used to calculate the pension; and

  • (b) an amount equal to the amount remaining after subtracting the annual rate of the pension payable to that recipient from the annual rate specified in column 2 of Schedule III for the class to which the recipient belongs.

• Marginal note:Pension deemed to be calculated on ten year average salary basis

  (2) Where the pension of a recipient was calculated on the average annual salary received by the employee to or in respect of whom the pension is payable during the period of pensionable service to that employee’s credit, but would, if that employee had ten years or more pensionable service, have been calculated on the basis of the average annual salary received by him during a ten year period, the pension of that recipient shall, for the purposes of this Act, be deemed to be calculated on a ten year average salary basis.

Marginal note:Person in receipt of more than one pension

4 Where a recipient is in receipt of more than one pension and the total annual rate of the pensions payable to that recipient exceeds the annual rate specified in column 2 of Schedule III for the class to which the recipient belongs, no increase shall be made pursuant to this Act in any of the pensions payable to that recipient.

Marginal note:Rules applicable where person is in receipt of two pensions

• 5 (1) Subject to subsection (2), where a recipient is in receipt of two pensions and the total annual rate of both pensions does not exceed the annual rate specified in column 2 of Schedule III for the class to which the recipient belongs, each pension of that recipient shall be increased in accordance with the following rules:

  • (a) if the annual rate of the first pension of the recipient is equal to or greater than the annual rate specified in column 1 of Schedule III for the class to which the recipient belongs, the annual rate of the first pension of that recipient shall be increased in accordance with the formula set out in section 3, and no increase shall be made in the annual rate of the second pension of the recipient;

  • (b) if the aggregate of the annual rate of the first and second pensions of the recipient is less than the annual rate specified in column 1 of Schedule III for the class to which the recipient belongs, the annual rate of each of the pensions of that recipient shall be increased in accordance with the formula set out in section 3; and

  • (c) if the annual rate of the first pension of the recipient is less than the annual rate specified in column 1 of Schedule III for the class to which the recipient belongs, but the aggregate of the annual rate of the first and second pensions of the recipient exceeds the annual rate specified in column 1 of Schedule III for the class to which the recipient belongs, the annual rate of each of the pensions of that recipient shall be increased in accordance with the formula set out in section 3, and for the purposes of this paragraph the annual rate of the second pension shall be deemed to be an amount equal to the resultant obtained by subtracting from the annual rate specified in column 1 of Schedule III for the class to which the recipient belongs, the annual rate of the first pension of the recipient.

• Marginal note:Maximum increase

  (2) No increase shall be made pursuant to this section in the pension payable to a recipient so that the aggregate of the annual rate of both pensions of that recipient and the increases thereto exceeds the annual rate specified in column 2 of Schedule III for the class to which the recipient belongs.

• Marginal note:Definitions

  (3) In this section

  first pension

  first pension means the pension payable to a recipient and calculated in respect of a period of service that is earlier in time than the latest period of service in respect of which the other pension payable to that recipient is calculated; (première pension)

  second pension

  second pension means a pension payable to a recipient other than a first pension. (seconde pension)

Marginal note:Person in receipt of two or more pensions

6 Where a recipient is in receipt of more than two pensions and the total annual rate of all the pensions payable to him does not exceed the annual rate specified in column 2 of Schedule III for the class to which that recipient belongs, each pension of that recipient shall be increased by such amount as the Treasury Board determines, but the aggregate of the increases in the pensions payable to that recipient shall not exceed an annual amount equal to the lesser of

• (a) the maximum annual increase specified in column 3 of Schedule III for the class to which that recipient belongs; and

• (b) the amount remaining after subtracting the aggregate of the annual rate of all the pensions payable to that recipient from the annual rate specified in column 2 of Schedule III for the class to which the recipient belongs.

Marginal note:Person in receipt of two or more pensions as employee and widow

• 7 (1) Notwithstanding anything in this Act, where a recipient as an employee and as a widow of an employee is in receipt of two or more pensions

  • (a) if the total rate of all the pensions payable to that recipient exceeds three thousand dollars, no increase shall be made in the annual rate of any of the pensions payable to that recipient; and

  • (b) if the total rate of all the pensions payable to that recipient does not exceed three thousand dollars, each pension shall, subject to subsection (2), be increased in accordance with the formula set out in section 3.

• Marginal note:Maximum increase

  (2) The aggregate of all increases made in the pensions of a recipient described in subsection (1) shall not exceed an annual amount equal to the lesser of

  • (a) the amount remaining after subtracting from three thousand dollars the aggregate of the annual amount of the pensions payable to the recipient; and

  • (b) an amount determined by the Treasury Board but in no case exceeding six hundred and forty dollars.

General

Marginal note:Pensions payable under Civil Service Superannuation Act

• 8 (1) An increase shall be made pursuant to this Act in the annual rate of the pension payable to a recipient under the Civil Service Superannuation Act only where the pension is payable in respect of service in the Civil Service to the credit of the employee to or in respect of whom the pension is payable under that Act.

• Marginal note:Pensions payable under Public Service Superannuation Act

  (2) An increase shall be made pursuant to this Act in the annual rate of the pension payable to a recipient under the Public Service Superannuation Act only where the pension is payable in respect of pensionable service to the credit of the employee to or in respect of whom the pension is payable under that Act.

Marginal note:Commencement of payment of increase

9 No increase shall be made pursuant to this Act in the annual rate of the pension payable to a recipient for any period before the 1st day of August 1959.

Marginal note:Pensions of recipients re-employed in public services

• 10 (1) The Governor in Council may make regulations specifying, notwithstanding anything in this Act, the extent to which and the circumstances under which any increase in a pension payable to a recipient who holds any office or position or performs any services the remuneration for which is payable out of the Consolidated Revenue Fund or by an agent of Her Majesty in right of Canada shall be reduced or suspended.

• Marginal note:Idem

  (2) Notwithstanding section 9 and subject to such conditions as the Treasury Board may prescribe, the amount of the increase determined in accordance with this Act in the annual rate of the pension payable to a person who was a recipient described in subsection (1) at any time between April 1st, 1959 and July 8th, 1959, is payable from April 1st, 1959.

Marginal note:Increases deemed paid under Public Service Superannuation Act, etc.

• 11 (1) For the purposes of section 15 of the Public Service Superannuation Act or a similar provision in any other superannuation Act that provides for the payment to the estate of a contributor under that Act of any amount by which the amount of a return of contributions exceeds the aggregate of all amounts paid under that Act to or in respect of that contributor, the amount of any increase to a pension paid to a recipient pursuant to this Act shall be deemed to have been paid to the recipient under the Public Service Superannuation Act or other superannuation Act, as the case may be.

• Marginal note:Definitions

  (2) In this section “other superannuation Act” means any Act under which a pension is paid that is increased pursuant to this Act.