Supplementary Death Benefit Regulations (C.R.C., c. 1360)

Persons Not in Receipt of Stated Annual Salary

• 19 (1) For the purposes of Part II of the Act, the salary that is or was authorized to be paid to a person employed in the public service at a rate other than an annual rate is to be computed in terms of an annual rate by multiplying the rate of pay that they are or were paid

  • (a) in the case of an hourly rate, by the aggregate of

    • (i) the number of hours in a standard work week multiplied by 52, and

    • (ii) the number of hours in a standard work week divided by the number of days in a standard work week;

  • (b) in the case of a daily rate, by the aggregate of

    • (i) the number of days in a standard work week multiplied by 52, and

    • (ii) one day;

  • (c) in the case of a weekly rate, by 52; or

  • (d) in the case of a monthly rate, by 12.

• (2) For the purposes of this section, the number of hours or days in a person’s standard work week is the number of hours or days that the person is or was, as the case may be, ordinarily required to work during such a work week.

Effective Dates of Ceasing to Be Employed in the Public Service

20 Subject to sections 21 and 22, a participant, other than an elective participant, is deemed, for the purposes of Part II of the Act, to have ceased to be employed in the public service

• (a) in the case of a participant other than a participant described in paragraphs (b) to (e), on the day after the last day for which they receive pay for their employment in the public service;

• (b) in the case of a participant who dies, on the day after the day of their death;

• (c) in the case of a participant who is on authorized leave of absence without pay, on the earlier of

  • (i) the day after the day on which their deputy head advises the Minister in writing that the participant has ceased to be employed in the public service, and

  • (ii) the day on which, under any other Act of Parliament governing employment outside the public service, the participant becomes a contributor to any other superannuation or pension fund or plan;

• (d) in the case of a participant who is on unauthorized leave of absence without pay, on the day after the day on which their deputy head advises the Minister in writing that the participant has ceased to be employed in the public service;

• (e) in the case of a participant who is under suspension under any Act of Parliament, on the day on which they cease to be employed in the public service as certified by their deputy head; or

• (f) in the case of a participant who ceases to be required to contribute under Part I of the Act by reason of becoming a person described in paragraph 5(1)(g) or (h) or subsection 5.1(1) of the Act, on the day after the last day on which they are required to contribute.

• (g) [Repealed, SOR/99-378, s. 7]

• 21 (1) A participant who is a sessional employee is deemed, for the purposes of Part II of the Act, to have ceased to be employed in the public service on the first day of the session of Parliament immediately following the session in which they were actively employed unless

  • (a) they return to duty within 10 days after that day; or

  • (b) the Speaker of the House of Parliament in which they are or were employed advises the Minister in writing that the participant will cease or has ceased to be employed on a day earlier than that first day.

• (2) Subsection (1) does not apply to a sessional employee in respect of a special or emergency session of Parliament at which the employee is not required to perform any services.

22 A participant who is a seasonal employee is deemed, for the purposes of Part II of the Act, to have ceased to be employed in the public service on the first day on which they are required to return to duty following the season in which they were actively employed unless

• (a) they return to duty within 10 days after that day; or

• (b) their deputy head advises the Minister in writing that the participant will cease or has ceased to be employed on a day earlier than that first day.

Retroactive Increases in Salary

23 For the purposes of the definition salary in subsection 47(1) of the Act, the day on which a retroactive increase in salary is deemed to have commenced to have been received by a participant is the first day of the month after the month in which

• (a) the Governor in Council or the Treasury Board, as the case may be, approves that increase; or

• (b) written approval of that increase is duly issued by the appropriate authority, if the approval of the Governor in Council or the Treasury Board is not required.

Proof of Age and Marital Status

• 24 (1) For the purposes of Part II of the Act, proof of age of the participant is to be established in the same manner as it is established under section 48 of the Public Service Superannuation Regulations before any benefit is to be paid on the participant’s death.

• (2) [Repealed, SOR/2024-85, s. 22]

• (3) No benefit shall be paid upon the death of a participant to any person purporting to be the widow of the participant until proof of marital status has been established in accordance with section 49 of the Public Service Superannuation Regulations.

• (4) Subject to subsection 25(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) of this section, the contributor shall, for the purposes of the Act, be deemed to have died without leaving a widow.

Elections

• 25 (1) Any election that a person makes under section 51 of the Act must

  • (a) be evidenced in writing;

  • (b) include the full name of the person, their date of birth and their personal record identifier or their pension number;

  • (c) be signed by the person; and

  • (d) be delivered or mailed to the Minister within the time limit set out in subsection 51(1) of the Act.

• (2) The document to be issued to each elective participant as evidence that they are a participant under Part II of the Act is established using

  • (a) Form 1 of Schedule II, in the case of an elective participant who is required to contribute under subsection 10(1); or

  • (b) Form 2 of Schedule II, in any other case.

Naming and Revoking of Beneficiaries

• 26 (1) A participant may, for the purposes of Part II of the Act, name up to five beneficiaries.

• (2) For the purposes of Part II of the Act, a beneficiary may be any of the following:

  • (a) the estate or succession of the participant;

  • (b) an individual;

  • (c) a registered charity, as defined in subsection 248(1) of the Income Tax Act.

• (3) In order to name a beneficiary, the following information must be submitted in writing to the Minister and be accompanied by an attestation that is dated and signed by the participant and that confirms that the information is complete and accurate:

  • (a) the full name of the participant, their date of birth and either their personal record identifier or their pension number;

  • (b) if the participant is naming their estate or succession, a reference to that effect;

  • (c) if the participant is naming an individual, the full name of the individual and their date of birth; and

  • (d) if the participant is naming a registered charity, its name and registration number with the Canada Revenue Agency.

• (4) The naming is effective on the day on which the participant signs the attestation if it is received by the Minister before the death of the participant.

• (5) In cases where the attestation is not received by the Minister before the death of the participant, the naming is effective on the day on which the participant signs the attestation if

  • (a) the receipt of the attestation by the Minister was delayed for reasons beyond the control of the participant; and

  • (b) the attestation is received before the payment of any benefit under Part II of the Act.

• (6) If a participant has named more than one beneficiary and the information submitted with respect to one of those beneficiaries is illegible or incomplete, or does not refer to the estate or succession of the participant, an individual or a registered charity, as defined in subsection 248(1) of the Income Tax Act, the validity of the naming with respect to the other beneficiaries will not be affected.

• (7) Any naming will revoke any previous naming.

26.1 Notwithstanding section 26, a beneficiary, named by a participant pursuant to subsection 26(1), ceases to be that participant’s beneficiary under Part II of the Act the day following the day the participant ceases to be a participant under that Part.

Crown Corporation and Public Boards

27 The Crown corporation and public boards specified in Schedule III are excluded from the operation of Part II of the Act.

28 A Crown corporation or public board that is not specified in Schedule III must pay to the Consolidated Revenue Fund each month an amount equal to $0.04 for every $1,000 of the basic benefit of each participant who is employed by the Crown corporation or public board at any time during that month.

Payment for Reasonable Expenses

29 With the approval of the Minister, there may be paid out of any benefit payable to the widow, referred to in section 55 of the Act, or beneficiary, estate or succession of a deceased participant

• (a) to any person, group or association of persons any reasonable expenses incurred by such persons, group or association for the maintenance, medical care or burial of the deceased participant; or

• (b) to the Receiver General reasonable expenses incurred by Her Majesty for the maintenance, medical care or burial of the deceased participant.

Interest

30 Interest shall be credited to the Public Service Death Benefit Account in respect of each quarter in each fiscal year on the last day of June, September, December and March, calculated at the rate referred to in subsection 46(2) of the Public Service Superannuation Regulations on the balance to the credit of the Account on the last day of the preceding quarter.