Public Service Superannuation Regulations

48 (1) For the purposes of the Act, proof of age shall, subject to subsection (2), be established by the following evidence:

• (a) a birth certificate issued by an appropriate civil authority; or

• (b) a baptismal certificate, issued by an appropriate religious authority, indicating that the baptism took place within five years after the date of birth.

(2) In the event that the evidence referred to in subsection (1) required to establish proof of age of a contributor cannot be obtained by the contributor, proof of age of the contributor may be established by the following:

• (a) evidence as to age in one of the following forms:

  • (i) a document, made within five years of the date of birth of the contributor, showing the name and the date of birth or the age of the contributor or a certified copy or extract thereof,

  • (ii) two documents both of which agree as to the month and year of birth of the contributor showing the name and date of birth or age of the contributor, or certified copies or extracts thereof, in respect of which

    • (A) one document shall be at least 20 years old at the time it or a certified copy or extract of it is considered by the Minister for the purpose of establishing the age of the contributor and, except in the case of a page in the Family Bible, the document shall be all or partly in printed form, and

    • (B) the other document

      • (I) shall, unless it is an affidavit or statutory declaration, be at least 10 years old at the time it or a certified copy or extract of it is considered by the Minister for the purposes of establishing the age of the contributor,

      • (II) shall not be a record of employment in the public service or any form prescribed by the Minister under this Act or the Superannuation Act, and

      • (III) in the case of an affidavit or statutory declaration, shall be made by a parent, brother or sister of the contributor or some other person having knowledge of the pertinent facts of the birth of the contributor, or

  • (iii) such other evidence relating to proof of age as the Minister may prescribe pursuant to subsection (6);

• (b) evidence relating to the inability to obtain either one of the certificates referred to in subsection (1) in the form of

  • (i) a letter from an appropriate authority indicating that a search has been made for a certificate of birth but that such search was unsuccessful, or

  • (ii) a statement that satisfies the Minister as to why it would be impractical to conduct a search for any one of the certificates referred to in subsection (1); and

• (c) a statement, in a form prescribed by the Minister, attesting to the validity of the evidence referred to in paragraphs (a) and (b) and sworn to or affirmed by the person submitting the evidence.

(3) A contributor shall, upon demand by the Minister, file evidence as to proof of age

• (a) immediately upon electing to pay by instalments for a period of service described in section 5 of the Act,

• (b) immediately upon completing a period of five continuous years of having been a contributor to the Superannuation Account, or

• (c) immediately upon attaining the age of 55 years,

whichever first occurs.

(4) Notwithstanding anything in these Regulations,

• (a) if, in the case of paragraph (3)(a) a contributor fails to provide proof of age as described in this section within one year of the date of the first demand therefor by the Minister, the capitalized value of any instalments that are then payable shall become due and payable and, if not paid within 30 days, the election shall be deemed to have been revoked as to future payments, and

• (b) if, in the case of paragraph (3)(b) or (c), a contributor fails to provide proof of age as described in this section within one year of the date of the first demand therefor by the Minister, no benefit shall be paid to the contributor except that

  • (i) if the contributor is entitled only to a return of contributions, it shall be payable to them,

  • (ii) if, according to records in the possession of the employing agency, the contributor is purported to be less than 55 years of age and has selected as a benefit a lump sum payment, it shall be payable to them, and

  • (iii) if the contributor is entitled to a benefit other than a lump sum, it shall, at the time it would normally become payable, be paid in monthly amounts as determined by the Minister until either the amount they have paid into the Superannuation Account is exhausted or they file the evidence demanded by the Minister, at which time the normal entitlement of the contributor shall be established.

(5) Notice to a contributor from the Minister that

• (a) is in writing, and

• (b) clearly establishes the requirements of the Minister

shall constitute a demand within the meaning of subsections (3) and (4).

(6) Where the Minister is satisfied that a contributor is unable to obtain evidence to prove their age as prescribed in subsection (1) or paragraphs (2)(a) and (b) the Minister may

• (a) prescribe such other evidence, as he or she deems sufficient, which the contributor shall file to prove their age; and

• (b) extend the time, as prescribed in subsection (3) or (4), within which such evidence shall be filed.