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

Regulations are current to 2020-06-17 and last amended on 2016-06-23. Previous Versions

Benefits (continued)

Adjustment of certain Annuities and Annual Allowances

  •  (1) Subject to subsections (2) and (3), the annuity or annual allowance to which a contributor referred to in subparagraph 13(1)(d)(ii) or 13.001(1)(d)(ii), subsection 13(6) or 13.001(7) or section 23 or 24.6 of the Act is entitled shall be adjusted by deducting an amount determined by the formula

    A × B

    where

    A
    is 5% of the amount of the annual allowance that they were receiving before becoming disabled or re-employed in the public service; and
    B
    is the number of years, rounded to the nearest one-tenth, during which they received the annual allowance, other than those years, rounded to the nearest one-tenth, after the day on which they attained the age at which they could have retired and been entitled to an immediate annuity based on the period of pensionable service on which the annual allowance was calculated.
  • (2) The amount of the annuity or annual allowance to which a contributor referred to in subparagraph 13(1)(d)(ii) or 13.001(1)(d)(ii), subsection 13(6) or 13.001(7) or section 23 or 24.6 of the Act may become entitled under Part I of the Act shall not be less than the annual allowance that the contributor was receiving before their latest re-employment in the public service, plus any increase to which they would be entitled in respect of the period of pensionable service to their credit as a result of being re-employed.

  • (3) The total amount to be deducted pursuant to subsection (1) shall not exceed the total amount that was received as an annual allowance by the contributor before the contributor became disabled or re-employed in the public service.

  • SOR/81-866, s. 1
  • SOR/93-450, s. 11(F)
  • SOR/2001-160, s. 1
  • SOR/2016-203, ss. 23, 46(E)

Evidence Required to Satisfy the Minister under Paragraph 10(2)(b) of the Act

  •  (1) The evidence required to satisfy the Minister that a contributor has not become entitled to a disability pension described in paragraph 10(2)(b) of the Act shall be

    • (a) a document signed by the contributor stating that they have not become entitled to a disability pension payable under paragraph 44(1)(b) of the Canada Pension Plan or a similar provision of the Quebec Pension Plan; and

    • (b) a certificate signed by or on behalf of the Minister charged with the administration of the Canada Pension Plan or the President of the Quebec Pension Board, whichever is appropriate, certifying that the contributor named therein has not become entitled to a disability pension payable under paragraph 44(1)(b) of the Canada Pension Plan or a similar provision of the Quebec Pension Plan.

  • (2) A contributor who is employed in the public service on April 21, 1976 and who subsequently ceases to be so employed shall provide the evidence referred to in paragraph (1)(a) prior to the date on which the contributor is entitled to an annuity under the Act.

  • (3) Subject to subsection (4), a contributor who ceases to be employed in the public service prior to April 21, 1976 shall provide the evidence set out in paragraph (1)(a) within six months of the date on which they are notified by the Minister in writing of the requirements of paragraph 10(2)(b) of the Act.

  • (4) The Minister may extend the time prescribed by subsection (3) where he or she is of the opinion that the contributor was, owing to circumstances beyond the contributor’s control, unable to provide the evidence referred to in paragraph (1)(a) within the period of time prescribed in that subsection.

  • SOR/93-450, s. 11(F)
  • SOR/2016-203, ss. 43(E), 44(E), 46(E)

Persons Engaged Otherwise than on Full-time Basis

  •  (1) Any contributor, to whom paragraph 10(6)(b) of the Act applies, who elected to count as pensionable service any period of elective service specified in clause 5(1)(b)(i)(A) of the Act, or who elects to count as pensionable service any period of elective service specified in clause 5(1)(b)(i)(B) who

    • (a) immediately prior to their enlistment in the forces was engaged in the public service otherwise than on a full-time basis, or

    • (b) was employed in the public service immediately prior to their enlistment in the forces during either World War I or World War II but was not so employed immediately prior to their enlistment in the forces during the other war and subsequent to their period of active service in the forces during the other said war was engaged in the public service otherwise than on a full-time basis,

    shall be deemed, for the purposes of paragraph 10(6)(b) of the Act, to have been, while so engaged,

    • (c) employed in the public service; and

    • (d) to have received salary at a rate equal to the rate of salary authorized, at the relevant time, to be paid to a person holding, or performing the duties of, the full-time position in the public service which most nearly corresponds to the position held by the contributor, as determined by the Treasury Board.

  • (2) Any contributor to whom subparagraph 10(6)(c)(ii) of the Act applies or any contributor who has to their credit pensionable service that includes a period during which they were on active service in the forces during World War I or World War II, not having been employed in the public service immediately prior to their enlistment, who elected to count as pensionable service any period of elective service specified in clause 5(1)(b)(i)(A) of the Act, or who elects to count as pensionable service any period of elective service specified in clause 5(1)(b)(i)(B) and who, upon subsequently becoming employed in the public service, was engaged therein otherwise than on a full-time basis, shall be deemed, for the purposes of paragraph 10(6)(c) of the Act, to have been, while so engaged,

    • (a) employed in the public service; and

    • (b) to have received salary at a rate equal to the rate of salary authorized, at the relevant time, to be paid to a person holding, or performing the duties of, the full-time position in the public service which most nearly corresponds to the position held by the contributor, as determined by the Treasury Board.

  • (3) Any contributor who elected to count as pensionable service any period of elective service, specified in clause 5(1)(b)(i)(A) of the Act, or who elects to count as pensionable service any period of elective service, specified in clause 5(1)(b)(i)(B), during which they were engaged, otherwise than on a full-time basis, as a postmaster in a revenue post office or as an assistant to a postmaster in a revenue post office, shall be deemed, for the purposes of subsection 10(1) of the Act and for the purposes of paragraphs 10(6)(b) and (c) of the Act, to have been, while so engaged, employed in the public service if, in the case of an assistant to a postmaster in a revenue post office, the Deputy Postmaster General certifies in the form prescribed by the Minister, that

    • (a) they were not a personal employee of the postmaster; and

    • (b) their employment as an assistant to the postmaster was necessary to ensure the operation of the office in accordance with the ordinary standards of the postal service, having regard to the volume of work undertaken by the office from time to time.

  • (4) A contributor to whom subsection (3) applies shall be deemed, for the purposes specified therein, to have received, at the relevant time, salary at a rate certified by the Deputy Postmaster General to be the appropriate rate at which salary would have been payable to the contributor from time to time during their employment as a postmaster in a revenue post office, or an assistant to a postmaster in a revenue post office, in accordance with the relevant schedule of salaries in force at the time the contributor made the election to count the pensionable service referred to in subsection (3).

  • (5) The period of pensionable service to the credit of a person in respect of a time with regard to which they elected to contribute to the Superannuation Account on the basis that they were engaged, during that time, otherwise than on a full-time basis as a postmaster in a revenue post office or as an assistant to a postmaster in a revenue post office shall be the proportion of the period of their employment as such postmaster or assistant for which they have elected to contribute to the Superannuation Account that the rate of salary in respect of which they contributed or contribute for that period is of the minimum rate of salary authorized at the time of their election for a postmaster or for an assistant to a postmaster who was required during the hours or periods of their active employment to devote their constant attention to the performance of the duties of their position.

  • (6) Where an employee who is normally employed on a full-time basis at a position during only part of the year is, due to the seasonal nature of their employment, engaged other than on a full-time basis for any other period during the year and who during such other period receives a portion of the normal pay for employment on a full-time basis at their position, the employee shall be deemed during such other period

    • (a) to have been employed on a full-time basis; and

    • (b) to have been in receipt of such salary as they would have received had they in fact been engaged, during such other period, at their position on a full-time basis.

  • (7) Where a contributor who is normally employed at a position during the year on a full-time basis is, due to the granting of educational leave, engaged other than on a full-time basis for any other period during the year or during the entire year and who during such other period or during the entire year receives a portion of the normal pay for employment on a full-time basis at their position, the contributor shall be deemed during such period or such year

    • (a) to have been employed on a full-time basis; and

    • (b) to have been in receipt of such salary as they would have received had they in fact been engaged, during such other period or such year, at their position on a full-time basis.

  • SOR/93-450, s. 11(F)
  • SOR/2016-203, ss. 42(E), 43(E), 46(E)

 [Repealed, SOR/2016-203, s. 24]

Children’s Allowances

[SOR/2016-203, s. 25]

 Where a child is born to a contributor after that contributor ceased to be employed in the public service, the child is not entitled to an allowance under the Act unless,

  • (a) where the contributor ceased to be employed because of death, the child is a posthumous child; and

  • (b) where the contributor ceased to be employed for any reason other than death, it appears to the Minister that the child was born following a gestation period commencing prior to the date when the contributor ceased to be employed.

  • SOR/93-450, s. 11(F)
  • SOR/2016-203, s. 46(E)
 
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