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Canadian Forces Superannuation Regulations

Version of section 33 from 2006-03-22 to 2016-03-28:

  •  (1) Where, upon the death of a contributor, any annual allowance becomes payable under the Act to a successor, application in writing may be made, by or on behalf of the successor, to the Minister for payment out of the Superannuation Account of the whole or any part of such portion of any estate, legacy, succession or inheritance duties or taxes payable by the successor that are attributable to the said allowance, and where the Minister directs, in accordance with the application, that the whole or any part of the duties or taxes so payable shall be paid out of the Superannuation Account, the maximum portion of the said duties or taxes that may be paid is the proportion that

    • (a) the value of the allowance payable to the successor

    is of

    • (b) the value of the whole estate,

    calculated for the purposes of determining the said duties or taxes payable in respect thereof.

  • (2) Where the Minister gives a direction in accordance with subsection (1), if the annual allowance payable to the successor is payable in equal, monthly, quarterly or semi-annual instalments or in an annual amount, the allowance shall be reduced either for a term requested by the successor in the application made under subsection (1), or during the entire period for which the allowance is payable if the successor fails to make a request in the application under subsection (1) that the allowance be reduced for a term,

    • (a) where the allowance is payable in monthly instalments, by 1/12 of an amount,

    • (b) where the allowance is payable in quarterly instalments, by 1/4 of an amount,

    • (c) where the allowance is payable in semi-annual instalments, by 1/2 of an amount, and

    • (d) where the allowance is payable annually, by the whole of an amount,

    determined by dividing the amount of the said duties or taxes to be paid out of the Superannuation Account by the value of an annuity of $1 per annum, payable monthly, quarterly, semi-annually or annually, as the allowance is payable, to a person of the age of the successor at the date of payment of the said duties or taxes out of the Superannuation Account, calculated

    • (e) in the case of an allowance payable to the survivor of the contributor, in accordance with a(f) Ultimate Table, together with interest at the rate of four per cent per annum; and

    • (f) in the case of an allowance payable to a child of the contributor, at an interest rate of four per cent per annum and mortality shall not be taken into account.

  • (3) Where the annual allowance of a successor was reduced under this section for a term and the annual allowance was suspended before the end of the term under section 27 of the Act as it read on June 28, 1989, if at any time the annual allowance is resumed it shall be reduced for a term equal to the term or the balance of the term, as the case may be, during which the annual allowance would have been reduced had it not been suspended and such reduction shall be made to the same extent and in the same manner as the annual allowance was reduced immediately prior to the suspension.

  • SOR/2001-76, ss. 6, 9
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