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

28 [Repealed, SOR/86-741, s. 1]

29 [Repealed, SOR/2016-203, s. 18]

Employment Substantially Without Interruption

• 30 (1) Subject to this section where, during any relevant period,

  • (a) a person has ceased to be employed in the public service and has again become employed therein, or

  • (b) the duties or conditions of employment of a person employed in the public service have altered,

  his service through that period is deemed to be substantially without interruption (or substantially continuous) within the meaning of the Act.

• (2) Subsection (1) does not apply for the purposes of paragraph 5(1)(c) of the Act in respect of a person referred to in that paragraph who accepts a temporary appointment in the public service, in respect of which the average number of scheduled hours of work per week is 30 or more, for a period of more than three months.

• (3) Subsection (1) does not apply for the purposes of paragraphs 5(1)(b) and (c) of the Act where, during the relevant period, an employee ceased to be employed in the public service for any reason for more than one day.

• (4) Subsection (1) does not apply for the purposes of clause 6(1)(a)(iii)(E) of the Act in respect of the relevant period where an employee, during that period,

  • (a) being a contributor under the Superannuation Act ceased to be a contributor; or

  • (b) being required to contribute in accordance with subsection 5(1) of the Act ceased to be so required to contribute.

• (5) Subsection (1) does not apply for the purposes of section 12 of the Act in respect of the relevant period where an employee, during that period, ceased to be employed in the public service for a continuous period exceeding one day.

• (6) For the purposes of subsections 13(4) and 13.001(4) of the Act, subsection (1) does not apply

  • (a) if the person ceased to be employed in the public service and the person did not become re-employed in the public service within three months after the day on which they ceased to be so employed;

  • (b) in respect of a period of service referred to in paragraph 13(5)(a) or 13.001(6)(a) of the Act, if the person did not become employed in the public service within three months after the day on which they ceased to be a member of the regular force or of the Force; or

  • (c) in respect of a period of service referred to in paragraph 13(5)(b) or 13.001(6)(b) of the Act, if the person did not become employed in the public service within the time required by the agreement, or within three months after the day on which they cease to be employed by the eligible employer, whichever is the shorter period.

• (7) Subsection (1) does not apply for the purpose of section 31 of the Act in respect of the relevant period where an employee, during that period, ceased to be employed in the public service or ceased to be a member of the regular forces or of the Force for any reason and did not again become employed in the public service or become a member of the regular forces or of the Force within three months from the date on which they so ceased to be employed or to be a member.

• (8) Subsection (1) does not apply for the purpose of subsection 11(5) of the Act in respect of the relevant period where an employee during that period ceased to be employed in the public service for a continuous period exceeding three months.

Benefits

Calculation of Benefits for Employees with Part-time Service

30.1 For the purposes of the definition cash termination allowance in subsection 10(1) of the Act, where the pensionable service of the contributor includes a period of part-time service, the salary shall be the aggregate of

• (a) in respect of any period of pensionable service that is full-time service, the amount determined by the formula

  A × D/E

• (b) in respect of any period of pensionable service that is part-time service in a single position, the amount determined by the formula

  (A × B × D)/(C × E)

  and

• (c) in respect of any period of pensionable service during which the contributor was a part-time employee employed concurrently in two or more positions, the amount determined by the formula

  A × F × D/E

   where

  A

  is

  • (i) where the contributor was a full-time employee at the time referred to in that definition, the salary authorized to be paid to the contributor at that time,

  • (ii) where the contributor was a part-time employee employed in a single position at the time referred to in that definition, the salary that would have been payable to the contributor if the contributor had been a full-time employee at that time, and

  • (iii) where the contributor was a part-time employee employed concurrently in two or more positions at the time referred to in that definition, the aggregate of the amounts determined for each such position by the formula

    G × H/I

    where

    G

    is the salary that would have been payable to the contributor if the contributor had been employed on a full-time basis at that time,

    H

    is the average number of hours per week for which the contributor was engaged to work in the position during the period, and

    I

    is the total of the average number of hours for which the contributor was engaged to work in all positions during the period;

  B

  is the average number of hours per week for which the contributor was engaged to work during the period;

  C

  is the normal hours of work per week established for full-time employees in the occupational group of which the contributor was a member during the period;

  D

  is the length of the period;

  E

  is the length of the entire period of pensionable service; and

  F

  is the aggregate of the quotients of B ÷ C calculated for each part-time position.

• 30.2 (1) Subject to subsection (2), for the purposes of section 11 of the Act, where the pensionable service of a contributor includes a period of part-time service, the average annual salary of the contributor shall be calculated

  • (a) in respect of any period of part-time service that is service referred to in subsection 7(1.1) of the Act, other than service referred to in clause 6(1)(b)(iii)(I.1) of the Act in respect of which the contributor has made an election under that clause or clause 6(1)(b)(iii)(K) of the Act, notwithstanding paragraph 11(7)(e) of the Act, on the basis of the salary referred to in variable “A” of paragraph 6.6(1)(b);

  • (b) in respect of any period of service referred to in clause 6(1)(b)(iii)(I.1) of the Act in respect of which the contributor has made an election under that clause or clause 6(1)(b)(iii)(K) of the Act, notwithstanding paragraph 11(7)(e) of the Act, on the basis of the salary payable to the contributor on July 4, 1994;

  • (c) in respect of any period of part-time service other than a period of service referred to in paragraph (a) or (b), on the basis of the salary that would have been payable to the contributor had the contributor been a full-time employee during that period of service; and

  • (d) in respect of any period of full-time service that is service referred to in subsection 7(1) or (1.1) of the Act, notwithstanding paragraph 11(7)(e) of the Act, on the basis of the salary referred to in variable “A” of paragraph 6.6(1)(b).

• (2) Where a period of pensionable service referred to in subsection (1) includes a period during which a contributor who is a part-time employee was employed concurrently in two or more positions on a part-time basis, for the purposes of that subsection, the salary for the period of concurrent employment shall be the total of the amounts determined for each such position by the formula

  A × B/C

  where

  A

  is the salary that would have been payable to the contributor if the contributor were employed on a full-time basis, calculated in accordance with subsection (1);

  B

  is the average number of hours per week for which the contributor was engaged to work in the position; and

  C

  is the total of the average number of hours for which the contributor was engaged to work in all positions.

• 30.3 (1) For the purposes of subsection 11(1) of the Act, where the pensionable service of a contributor includes a period of part-time service, the amount of the annuity to which the contributor may become entitled is equal to the aggregate of

  • (a) in respect of any period of pensionable service that is full-time service, an amount calculated in accordance with subsection 11(1) of the Act,

  • (b) in respect of any period of pensionable service that is part-time service in a single position, an amount determined by the formula

    C × A/B

    and

  • (c) in respect of any period during which the contributor was engaged to work as a part-time employee concurrently in two or more positions, the amount determined by the formula

    C × D

    where

    A

    is the average number of hours per week for which the contributor was engaged to work in the position,

    B

    is the normal hours of work per week established for full-time employees in the occupational group of which the employee was a member,

    C

    is an amount calculated in accordance with subsection 11(1) of the Act and section 30.2, and

    D

    is the aggregate of the quotients of A ÷ B calculated for each part-time position.

• (2) For the purposes of subsection 11(2) of the Act, where the pensionable service of a contributor includes a period of part-time service, the average annual salary referred to in that subsection shall be

  • (a) in respect of any period of pensionable service during which the contributor was engaged to work on a full-time basis, the average annual salary determined in accordance with section 11 of the Act and section 30.2;

  • (b) in respect of any period of pensionable service during which the contributor was engaged to work on a part-time basis in a single position, the amount determined by the formula

    C × A/B

    and

  • (c) in respect of any period of pensionable service during which the contributor was a part-time employee and was engaged to work in two or more concurrent positions on a part-time basis, the amount determined by the formula

    C × D

    where

    A

    is the average number of hours per week for which the contributor was engaged to work in the position,

    B

    is the normal hours of work per week established for full-time employees in the occupational group of which the employee is a member in respect of the position,

    C

    is the average annual salary determined in accordance with section 11 of the Act and section 30.2, and

    D

    is the aggregate of the quotients of A ÷ B calculated for each part-time position.

30.31 For the purposes of subsections 12(4) and 12.1(5) of the Act, if the pensionable service of a contributor includes any periods of part-time service, the amount of the basic allowance shall be adjusted, in respect of each of those periods, in the same manner as the amount of the contributor’s annuity is adjusted under paragraphs 30.3(1)(b) and (c).

Entitlement after Reciprocal Transfer

30.4 Notwithstanding any provision of the Act, where, after a payment has been made to an approved employer in respect of a contributor pursuant to an agreement entered into pursuant to subsection 40(2) of the Act, there remains pensionable service to the credit of the contributor, the contributor

• (a) is not entitled to an annuity or annual allowance in respect of that service unless the contributor again becomes entitled to count that service as pensionable service under the Act; and

• (b) is entitled to a return of contributions in respect of that service.

Calculation of Amounts Under Subsections 40.2(7) or (8) of the Act

30.41 For the purposes of subsection 40.2(7) of the Act, the following amounts, as applicable, are deemed to be paid to the employer pursuant to subsection 40.2(3) of the Act:

• (a) any amount by which an amount under subsection 15.1(1) of the Retirement Compensation Arrangements Regulations, No. 1 exceeds a lump sum amount that would be calculated under subsection 15.1(2) of those Regulations;

• (b) any amount by which an amount under subsection 38.4(1) of those Regulations exceeds a lump sum amount that would be calculated under paragraph 38.4(2)(a) of those Regulations; and

• (c) any amount under section 41.6 of those Regulations.

30.42 For the purposes of subsection 40.2(8) of the Act, the following amounts, as applicable, are deemed to be paid to the employer pursuant to subsection 40.2(3) of the Act:

• (a) any amount by which an amount under subsection 38.4(1) of the Retirement Compensation Arrangements Regulations, No. 1 exceeds a lump sum amount that would be calculated under paragraph 38.4(2)(b) of those Regulations; and

• (b) any amount under section 41.6 of those Regulations.

30.5 [Repealed, SOR/2016-203, s. 21]

Limit on Survivors’ Benefits

• 30.6 (1) The monthly amount payable to a survivor or child of a deceased contributor under section 12, 12.1, 13 or 13.001 of the Act in respect of a period of pensionable service occurring after December 31, 1991 shall be reduced so that the aggregate of that amount and the benefits payable under Part III of the Act in respect of that amount does not exceed the maximum monthly amount of retirement benefits that may be paid to the beneficiary of a member, determined under paragraphs 8503(2)(d) to (f) of the Income Tax Regulations, as those paragraphs read on January 15, 1992.

• (2) The aggregate of all monthly amounts payable to the survivor and children of a deceased contributor under section 12, 12.1, 13 or 13.001 of the Act in respect of a period of pensionable service occurring after December 31, 1991 shall be reduced so that the total of those amounts and the benefits payable under Part III of the Act in respect of those amounts does not exceed the maximum aggregate monthly amount of retirement benefits that may be paid to the beneficiaries of a member, determined under paragraph 8503(2)(d) or (e) of the Income Tax Regulations as those paragraphs read on January 15, 1992.

• (3) The limits set out in subsection (1) and (2) apply to the monthly amounts payable in respect of a contributor who is required to contribute to the Superannuation Account or the Public Service Pension Fund on or after December 15, 1994 and who dies on or after November 20, 1997, being the date of the coming into force of paragraph 41.1(1)(a) of the Retirement Compensation Arrangement Regulations, No. 1.

• 30.7 (1) For the purposes of determining the amount of any minimum benefit payable under section 27 of the Act, all amounts paid to a contributor or to a survivor or child of a contributor under paragraph 41.1(1)(a) or (c) of the Retirement Compensation Arrangements Regulations, No. 1 are considered to have been paid pursuant to Part I of the Act.

• (2) No minimum benefit shall be paid under section 27 of the Act on the death of a contributor, if a benefit is payable to a survivor or child pursuant to section 19 of the Retirement Compensation Arrangements Regulations, No. 1.

• (3) If the survivor and child referred to in section 19 of the Retirement Compensation Arrangements Regulations, No. 1 die or cease to be entitled to the benefit referred to in that section, the portion of that benefit that was paid in respect of pensionable service of the contributor under Part I of the Act shall be considered to have been paid pursuant to Part I of the Act for the purposes of determining the amount of any minimum benefit payable under section 27 of the Act.