Public Service Superannuation Regulations (C.R.C., c. 1358)

• 49 (1) For the purposes of the Act, prima facie evidence that a person is the widow of a male contributor shall consist of evidence of marriage of the person to the contributor in the form of a certificate of marriage issued by an appropriate authority either religious or civil indicating that the person was married to the contributor or, if such evidence cannot be obtained, such other evidence of marriage as may be prescribed by the Minister.

• (2) Where, in the opinion of the Minister, it is necessary to establish the age of the widow of a contributor,

  • (a) subsections 48(1), (2), (5) and (6) shall apply mutatis mutandis; and

  • (b) if the evidence so required is not submitted within one year of the demand therefor the widow shall, for the purposes of this Act, be deemed to be that number of years younger than the contributor as may be determined by the Treasury Board.

• (3) In any case of doubt, the Minister may require the person claiming to be the widow of a contributor to furnish any document such as a statutory declaration, marriage certificate, or a copy of a decree absolute, if applicable, in order to substantiate the claim of that person to be the widow of the contributor.

• (4) Subject to subsection 13(4) of the Act, if within one year after the death of a contributor the person claiming to be the widow of a contributor cannot prove that she is his widow, in the manner prescribed by subsection (1), the contributor shall, for purposes of the Act, be deemed to have died without leaving a widow.

Air Traffic Controllers

Operational Service

• 50 (1) For the purposes of the definition operational service in section 12.11 of the Act, the following kinds of service are designated as operational service, namely,

  • (a) employment in the public service during which a person who is a contributor on or after April 1, 1976 is

    • (i) engaged in supervisory or non-supervisory duties requiring the possession of a current and medically valid Air Traffic Controller Licence or a letter of authority issued by the Department of Transport,

    • (ii) [Repealed, SOR/85-285, s. 1]

    • (iii) employed as a data systems co-ordinator in the Department of Transport for any period prior to July 1, 1980, or

    • (iv) undergoing training for any of the duties referred to in subparagraph (i), (ii) or (iii), excluding any period of training to become an air traffic controller at a central air traffic control training school, except where such training occurred prior to the introduction of training schools;

  • (b) any period during which a contributor engaged in any duties or training referred to in paragraph (a) is absent from such duties or training

    • (i) for the purpose of undergoing language training, or

    • (ii) on authorized leave with or without pay for a period of less than six months,

    if the contributor returns to any duties or training referred to in paragraph (a) immediately following such absence;

  • (c) any period of less than six months during which a contributor is employed in the public service in employment other than that described in paragraph (a) if such employment was immediately preceded and followed by employment as described in that paragraph; and

  • (d) any period of employment in the public service prior to April 1, 1985 during which a person who is a contributor on or after April 1, 1976 was engaged as the immediate supervisor of a non-supervisory employee as described in subparagraph (a)(i) and whose appointment as supervisor was effective on or before September 30, 1981.

• (2) Notwithstanding paragraphs (1)(b) and (c), service described in those paragraphs by a contributor who fails to return to operational service by reason of section 52 is operational service.

• (2.2) Where a competent authority orders that a person described in paragraph (1)(a) who has been relieved of any of the duties referred to in subparagraphs (1)(a)(i), (iii) or (iv) be reinstated in those duties, the period from the day of being relieved from those duties to the day on which it is ordered that they be reinstated, or any shorter period so specified in the order, is operational service.

• (3) Subject to sections 27 and 28, the effective date of becoming or ceasing to be employed in operational service is the effective date specified in the written advice to the Minister from the deputy head of the Department of Transport.

Contributions for Leave Without Pay

• 51 (1) Subject to subsection 5.3(2) of the Act, a contributor employed in operational service who is absent on leave without pay shall contribute to the Superannuation Account, in addition to any amount the contributor is required to contribute under section 7,

  • (a) in the case of leave under the circumstances described in paragraph 7(1)(a) or subsection 7(2) or (3), an amount equal to the amount of contributions they would have been required to pay under section 19 of the Act had they not been so absent; and

  • (b) in any other case, an amount equal to twice the amount of contributions they would have been required to pay under section 19 of the Act had they not been so absent.

• (2) The contributions required to be paid under subsection (1) shall be paid at the same time and in the same manner as the contributions required to be paid under section 7 and section 7 applies as though the contributions required to be paid under subsection (1) were paid under section 7.

• (3) Notwithstanding subsection (2), the contributions required to be paid under subsection (1) by a contributor employed in operational service to whom subsection 7.2(2) or section 7.3 applies shall be paid at the same time and in the same manner as the contributions required to be paid under subsection 7.2(2) or section 7.3, whichever is applicable.

• (4) Where any amount payable by a contributor under this section is unpaid at the time they cease to be employed in the public service, that amount shall be paid at the same time and in the same manner as described in subsection 7.2(4).

Employment Ceasing Otherwise than Voluntarily

52 For the purposes of section 12.13 of the Act, a contributor is considered to have ceased otherwise than voluntarily to be employed in operational service on certification by the deputy head of the Department of Transport that

• (a) the employee is unable to meet the medical requirements for validation of their Air Traffic Controller Licence or letter of authority issued by the Department of Transport;

• (b) the employee is unable to maintain the required level of technical proficiency; or

• (c) removal of the employee from operational service is necessary for the preservation of their physical or mental health.

Correctional Service of Canada

Operational Service

53 The following are designated as operational service for the purposes of the definition operational service in section 24.1 of the Act and of sections 54, 57 and 58:

• (a) any service by a person who is employed by the Correctional Service of Canada and whose principal place of work is other than

  • (i) the national headquarters or a regional headquarters of the Correctional Service of Canada,

  • (ii) the offices of the Commissioner of the Correctional Service of Canada, or

  • (iii) a Regional Staff College of the Correctional Service of Canada or any other institution that provides training to Correctional Service of Canada employees similar to that provided by a Regional Staff College;

• (b) any period of temporary absence of less than six months during which the person is employed in the public service other than in the Correctional Service of Canada, at the end of which the person returns to the service referred to in paragraph (a); and

• (c) any period of temporary absence of two years or less during which the person is not employed in the service referred to in paragraph (a) but remains employed by the Correctional Service of Canada.

• 54 (1) A person is deemed to be employed in operational service while employed by the Correctional Service of Canada if the person

  • (a) was less than 35 years of age when the person first became employed in operational service on the condition that, if at that time the person was at least 30 years of age, the person had less than five years of pensionable service that is not operational service;

  • (b) was employed in operational service that is pensionable service for one or more periods totalling at least 10 years;

  • (c) has ceased to be employed in operational service; and

  • (d) has made an election to be so deemed before the 90th day after the later of

    • (i) the day on which the person ceases to be employed in operational service, and

    • (ii) the day on which a notice is sent to the person from the deputy head confirming the date on which the person ceased to be employed in operational service.

• (2) Any period referred to in paragraph 53(b), and any portion of a period referred to in paragraph 53(c) that is in excess of six months, is not counted as operational service under paragraph (1)(b).

• (3) The election takes effect on the day following the day on which the person ceases to be employed in operational service.

• (4) The election is irrevocable and remains in effect until the day before the day on which the person again becomes employed in operational service or until the day on which the person ceases to be employed by the Correctional Service of Canada.

Additional Contributions

• 55 (1) Subject to subsection (3), the amount required to be contributed under subsection 24.4(1) of the Act is 0.62 per cent of the person’s salary.

• (2) The persons to whom subsection 24.4(1) of the Act does not apply are those who do not meet the conditions set out in subsection 54(1).

• (3) The contribution that a person on leave without pay who does meet those conditions shall pay, in addition to any amount payable under section 7, is the following:

  • (a) in respect of the first three months of the leave, the amount referred to in subsection (1) that the person would have had to pay if the person had not been on leave; and

  • (b) in respect of the remainder of the leave, if the person has not made an election under subsection 5.3(1) of the Act,

    • (i) where the person is on leave without pay as referred to in subsection 7(2) or (3), the amount referred to in paragraph (a), and

    • (ii) in any other case, an amount equal to double that amount.

56 [Repealed, SOR/2007-106, s. 5]

• 57 (1) In this section and in section 58, actual operational service means the service and the periods of absence designated as operational service under section 53 and deemed operational service means any period during which a person is deemed to be employed in operational service under section 54.

• (2) Actual and deemed operational service that occurred on or after March 18, 1994 and in respect of which a person has made an election under subparagraph 6(1)(b)(iii) of the Act is pensionable service to the credit of the person, for the purposes of sections 24.2 and 24.3 of the Act, only if the person further elects, while employed in operational service, to contribute an additional amount determined in accordance with subsection (3), together with interest within the meaning of subsection 7(2) of the Act.

• (3) The additional amount shall be equal to the amount that the person would have been required to contribute in respect of that service under section 55 as it read at the time the service occurred, based on the salary authorized to be paid to the person

  • (a) on the day on which the person most recently became employed in actual operational service, if the person makes the election within one year after that day; or

  • (b) in any other case, on the day on which the person makes the election.

• (4) The additional amount and the interest shall be paid, at the person’s option,

  • (a) in a lump sum, at the time the election is made; or

  • (b) by deduction from the person’s salary or from any benefits payable to the person under the Act, in approximately equal instalments.

Immediate Annuity or Annual Allowance

• 58 (1) The years of service referred to in subsection (2) shall only include service that is pensionable service to the person’s credit.

• (2) The benefit to which a person who exercises the option under section 24.2 of the Act is entitled, in respect of service referred to in each of the following paragraphs, is the following:

  • (a) if the person has at least 25 years of actual operational service, an immediate annuity;

  • (b) if the person has at least 20, but less than 25, years of actual operational service, an annual allowance equal to an amount determined by the formula

    A - (A × 5% × B)

    where

    A

    is the amount of the deferred annuity to which the person would be entitled in respect of that service under subsection 13(1) of the Act, and

    B

    is 25 minus the number of years of actual operational service, rounded to the nearest 1/10 of a year;

  • (c) if the person is at least 50 years of age when the person ceases to be employed in operational service and has at least 25 years of actual and deemed operational service, an immediate annuity;

  • (d) if the person is at least 50 years of age when the person ceases to be employed in operational service and has at least 20, but less than 25, years of actual and deemed operational service, an annual allowance equal to an amount determined by the formula

    A - (A × 5% × B)

    where

    A

    is the amount of the deferred annuity to which the person would be entitled in respect of that service under subsection 13(1) of the Act, and

    B

    is 25 minus the number of years of actual and deemed operational service, rounded to the nearest 1/10 of a year;

  • (e) if the person is at least 45, but less than 50, years of age when the person ceases to be employed in operational service and has at least 20 years of such service including at least 10, but less than 20, years of actual operational service, in addition to some deemed operational service, an annual allowance equal to an amount determined by the formula

    A - (A × 5% × B)

    where

    A

    is the amount of the deferred annuity to which the person would be entitled in respect of that service under subsection 13(1) of the Act, and

    B

    is the greater of

    • (i) 50 minus their age in years, rounded to the nearest 1/10 of a year, at the time the person exercises the option, and

    • (ii) 25 minus the total number of years of actual and deemed operational service, rounded to the nearest 1/10 of a year;

  • (f) if the person is at least 45, but less than 50, years of age when the person ceases to be employed in operational service and has at least 20, but less than 25, years of actual operational service, in addition to some deemed operational service, an annual allowance equal to an amount equal to the greater of

    • (i) the sum of

      • (A) the amount of annual allowance determined in accordance with the formula set out in paragraph (b), and

      • (B) the amount of annual allowance determined by the formula

        A - (A × 5% × B)

        where

        A

        is the amount of the deferred annuity to which the person would be entitled in respect of the deemed operational service under subsection 13(1) of the Act, and

        B

        is the greater of

        • (I) 50 minus their age in years, rounded to the nearest 1/10 of a year, at the time the person exercises the option, and

        • (II) 25 minus the total number of years of actual and deemed operational service, rounded to the nearest 1/10 of a year, and

    • (ii) the amount of the annual allowance determined in accordance with the formula set out in paragraph (e); or

  • (g) if the person is at least 45, but less than 50, years of age when the person ceases to be employed in operational service, is entitled to an immediate annuity under paragraph (a) and has some deemed operational service, an annual allowance equal to an amount determined by the formula

    A - (A × 5% × B)

    where

    A

    is the amount of the deferred annuity to which the person would be entitled in respect of that service under subsection 13(1) of the Act, and

    B

    is 50 minus their age in years, rounded to the nearest 1/10 of a year, at the time the person exercises the option.

• (3) A person who would be entitled to an immediate annuity under paragraph (2)(a) or (c) and who does not exercise the option referred to in subparagraph 13(1)(c)(ii) or section 13.01 or 24.2 of the Act within one year after ceasing to be employed in the public service is deemed to have exercised the option under the latter section.