Lieutenant Governors Superannuation Regulations (C.R.C., c. 1022)

Short Title

1 These Regulations may be cited as the Lieutenant Governors Superannuation Regulations.

Interpretation

2 In these Regulations,

Act

Act means the Lieutenant Governors Superannuation Act; (Loi)

Minister

Minister means the President of the Treasury Board; (ministre)

prior service

prior service means service as the Lieutenant Governor of a province prior to December 2, 1975. (service antérieur)

Payments for Elective Service

• 3 (1) Where a contributor has elected to pay in instalments in respect of a period of prior service, the first instalment shall be due and payable at the end of the month in which the election made by the contributor has been received by the Minister and succeeding instalments shall be payable monthly thereafter during the life of the contributor in equal amounts, except with respect to the last instalment which may be less in amount than the preceding instalments.

• (2) The total amount required to be paid by a contributor described in subsection (1) shall be fully paid within a period of 20 years computed in accordance with the Canadian Life Tables 1970-72, with interest at the rate of four per cent per annum.

• (3) A contributor referred to in subsection (1) may from time to time amend his payment plan to provide for payment of any instalments still to be paid

  • (a) in a lump sum;

  • (b) by larger monthly instalments on a basis similar to that described in subsection (1) calculated as of the date of the amendment; or

  • (c) in a lump sum and by monthly instalments on a basis similar to that described in subsection (1) calculated as of the date of the amendment and payable within the same or a lesser period than that previously arranged under that subsection.

• (4) Where the amount of each instalment paid by a contributor described in subsection (1) is greater than the minimum amount required to be paid to comply with subsection (2), the contributor may, from time to time, amend his payment plan to provide for payment of instalments still to be paid in any amount if

  • (a) the total amount required to be paid by that contributor is fully paid within a period of 20 years computed in accordance with the Canadian Life Tables 1970-72, with interest at the rate of four per cent per annum; and

  • (b) he passes a medical examination within such time as the Minister prescribes.

• 4 (1) Where a contributor referred to in section 3 defaults in respect of an instalment payable by him, payment of the amount in default with interest at the rate of four per cent per annum shall be payable

  • (a) in a lump sum immediately on demand, or

  • (b) in monthly instalments for the lesser of

    • (i) the life of the contributor, or

    • (ii) the remainder of the period during which instalments under subsection (1) are to be paid,

  as the contributor elects, computed in accordance with Canadian Life Tables 1970-72 on the amount that is in default to the date of the demand, with interest at the rate of four per cent per annum.

• (2) Where a contributor referred to in subsection (1) does not make an election within 30 days from the date of a demand made under paragraph (1)(a), the method of payment of the amount in default shall be in accordance with paragraph (1)(b).

Unpaid Instalments

5 Subject to section 4, where a contributor who has elected to pay in instalments in respect of a period of prior service becomes entitled to any benefit under the Act before the amount payable by him by way of instalments has been paid, the unpaid instalments may be reserved out of the benefit payable to the contributor

• (a) in the case of a lump sum benefit, by a lump sum immediately, or

• (b) in the case of any benefit other than a lump sum benefit

  • (i) by a lump sum immediately, or

  • (ii) by monthly instalments for the lesser of

    • (A) the life of the contributor, or

    • (B) the remainder of the period during which instalments under this section are to be paid,

  as the contributor elects.

6 Where any amount payable by a contributor under these Regulations has become due but remains unpaid at the time of his death, the Minister shall, if the amount with interest is not paid forthwith by the personal representative of the contributor, demand payment from the surviving spouse of the contributor to whom a pension is payable under the Act and if the amount with interest to the date of demand is not paid, it may be recovered at any time and, without prejudice to any other recourse available to Her Majesty with respect to the recovery thereof, by retention, by way of deduction or set-off out of the pension payable to the spouse,

• (a) in a lump sum immediately, or

• (b) in instalments for a term specified by the Minister,

as the recipient elects, with interest at the rate of four per cent per annum.

• 7 (1) Where an amount that is payable by a contributor is paid after the day on which it is due, there shall, in addition, be payable interest on that amount at the rate of four per cent per annum from the due date until the day on which it is paid.

• (2) Notwithstanding subsection (1),

  • (a) where a contributor or his personal representative pays in full an amount that is due before the day on which a demand is made under sections 4 to 6 for payment of the amount due, interest is not payable thereon;

  • (b) where a demand is made by or on behalf of the Minister under sections 4 to 6 for payment of an amount including interest and that amount is paid in full before the expiration of 30 days from the date of demand, interest is not payable thereon; and

  • (c) where a contributor has authorized or directed that the amount payable by him under this section be deducted from moneys payable to him by or on behalf of Her Majesty and the contributor is in default because those deductions have not been made, interest is not payable under sections 4 to 6 on an amount equal to the deductions that have not been so made.

8 For the purposes of sections 4 to 6, a demand by the Minister for payment of an amount is deemed to have been made on the day on which a letter, demanding payment, signed by or on behalf of the Minister, and addressed to the contributor or recipient, as the case may be, is placed in the mail.

9 Nothing in these Regulations prohibits a person from paying at any time before it is due any amount payable by him, or that is deductible from his benefit.

Medical Examinations

10 A contributor, before becoming entitled to a pension under the Act in respect of a disability, shall undergo a thorough physical examination.

Forms

11 A form to elect to contribute pursuant to subsection 5(1) of the Act in respect of prior service is set out in Schedule I.

12 A form to elect not to contribute pursuant to section 4 of the Act is set out in Schedule II.