Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

Retirement Compensation Arrangements Regulations, No. 1 (SOR/94-785)

Regulations are current to 2019-08-28 and last amended on 2016-06-17. Previous Versions

Retirement Compensation Arrangements Regulations, No. 1

SOR/94-785

SPECIAL RETIREMENT ARRANGEMENTS ACT

Registration 1994-12-14

Retirement Compensation Arrangements Regulations, No. 1

P.C. 1994-2074 1994-12-14

Whereas the Governor in Council considers that the annexed regulations are necessary for carrying out the purposes and provisions of the Special Retirement Arrangements ActFootnote *;

Therefore His Excellency the Governor General in Council, on the recommendation of the President of the Treasury Board, pursuant to sections 11 and 15 and subsection 28(1) of the Special Retirement Arrangements ActFootnote *, is pleased hereby to make the annexed Regulations establishing a retirement compensation arrangement and providing for the administration thereof, effective December 15, 1994.

 [Repealed, SOR/2016-156, s. 2]

Interpretation

 In these Regulations,

Act

Act means the Special Retirement Arrangements Act; (Loi)

Canadian Forces Pension Fund

Canadian Forces Pension Fund has the same meaning as in subsection 2(1) of the Canadian Forces Superannuation Act; (Caisse de retraite des Forces canadiennes)

Canadian Forces Superannuation Account

Canadian Forces Superannuation Account means the account referred to in section 4 of the Canadian Forces Superannuation Act; (compte de pension de retraite des Forces canadiennes)

external retirement compensation arrangement

external retirement compensation arrangement means a retirement compensation arrangement within the meaning of subsection 248(1) of the Income Tax Act established by an approved employer or an eligible employer; (régime externe)

immediate benefit

immediate benefit means a benefit payable under section 15 to a participant who is entitled to a benefit payable immediately on ceasing to contribute under Division I that is not reduced on account of the age or period of pensionable service of the participant; (prestation immédiate)

Minister

Minister means

  • (a) for the purposes of Parts I and II, the Minister of Public Works and Government Services,

  • (b) for the purposes of Part III, the Minister of National Defence, and

  • (c) for the purposes of Part IV, the Solicitor General of Canada; (ministre)

misconduct

misconduct[Repealed, SOR/2016-156, s. 3]

participant

participant means

  • (a) for the purposes of Part I, a person referred to in paragraph 4(d) or (e),

  • (b) for the purposes of Part II, a person referred to in paragraph 4(a),

  • (c) for the purposes of Part III, a person referred to in paragraph 4(b), and

  • (d) for the purposes of Part IV, a person referred to in paragraph 4(c); (participant)

public service

public service has the same meaning as in section 3 of the Public Service Superannuation Act; (fonction publique)

Public Service Pension Fund

Public Service Pension Fund has the same meaning as in subsection 3(1) of the Public Service Superannuation Act; (Caisse de retraite de la fonction publique)

retirement compensation arrangement

retirement compensation arrangement means the retirement compensation arrangement established under section 4; (régime)

Royal Canadian Mounted Police Pension Fund

Royal Canadian Mounted Police Pension Fund has the same meaning as in subsection 3(1) of the Royal Canadian Mounted Police Superannuation Act; (Caisse de retraite de la Gendarmerie royale du Canada)

Royal Canadian Mounted Police Superannuation Account

Royal Canadian Mounted Police Superannuation Account means the account referred to in section 4 of the Royal Canadian Mounted Police Superannuation Act; (compte de pension de retraite de la Gendarmerie royale du Canada)

Superannuation Account

Superannuation Account means the account referred to in section 4 of the Public Service Superannuation Act. (compte de pension de retraite)

supplementary death benefit

supplementary death benefit[Repealed, SOR/2000-242, s. 1]

  • SOR/2000-242, s. 1
  • SOR/2002-73, s. 1
  • SOR/2003-230, s. 1
  • SOR/2016-156, ss. 3, 11(E)

 In these Regulations, agreement means an agreement as amended from time to time.

  • SOR/2003-230, s. 2

Designation of Arrangement

 For the purposes of section 15 of the Act, the retirement compensation arrangement is a designated arrangement.

Establishment of Arrangement

 There is hereby established a retirement compensation arrangement for the payment of benefits to or in respect of any person who

  • (a) on or after December 15, 1994 is required to contribute to the Superannuation Account or Public Service Pension Fund;

  • (b) on or after December 15, 1994 is required to contribute to the Canadian Forces Superannuation Account or the Canadian Forces Pension Fund;

  • (c) on or after December 15, 1994 is required to contribute to the Royal Canadian Mounted Police Superannuation Account or the Royal Canadian Mounted Police Pension Fund;

  • (d) is or has been a deputy head, has to their credit under the Public Service Superannuation Act not less than 10 years of pensionable service and elects, in accordance with section 7, before they cease to be employed in the public service, to become subject to the retirement compensation arrangement; or

  • (e) immediately before December 15, 1994 was deemed by section 14 of the Public Service Superannuation Act, as that section read at that time, to be employed in the public service.

  • SOR/97-520, s. 1
  • SOR/2002-73, ss. 2, 33
  • SOR/2016-156, ss. 4, 11(E)

PART IDeputy Heads

Application

 This Part applies to persons described in paragraphs 4(d) and (e).

 Words and expressions used in this Part and not otherwise defined in the Act or in these Regulations have the same meaning as in the Public Service Superannuation Act.

Contributions and Benefits

[SOR/2002-73, s. 3]

 An election by a person referred to in paragraph 11(1)(d) of the Act to become subject to the retirement compensation arrangement shall

  • (a) be made in writing;

  • (b) be signed and dated by the person;

  • (c) state the person’s intention to participate in the retirement compensation arrangement under this Part;

  • (d) state the period in respect of which the person intends to contribute to the retirement compensation arrangement; and

  • (e) be delivered or mailed to the Minister within 60 days after the date referred to in paragraph (b).

  •  (1) Subject to subsection (2), a participant who is referred to in paragraph 4(d) shall contribute to the Retirement Compensation Arrangements Account at a rate equal to twice the applicable rate referred to in subsection 5(2) of the Public Service Superannuation Act, read without reference to subsection 5(6) of that Act.

  • (2) If the aggregate of the period of pensionable service of a participant — consisting of the period of pensionable service under the Public Service Superannuation Act and other pensionable service as defined in subsection 5(5) of that Act as well as the period specified in paragraph 7(d) by the participant in an election made under paragraph 11(1)(d) of the Act — exceeds 35 years, the participant shall contribute to the Retirement Compensation Arrangements Account, in respect of the portion of the aggregate period that exceeds 35 years, at a rate equal to twice the applicable rate referred to in subsection 5(3) of the Public Service Superannuation Act, read without reference to subsection 5(6) of that Act.

  • (3) Contributions under subsections (1) and (2) shall be based on the salary that the participant was receiving on the day that the participant was last employed as a deputy head, adjusted from time to time in accordance with any revisions to the participant’s salary range.

  • SOR/2002-73, s. 4
  • SOR/2016-156, s. 5
  •  (1) Subject to subsection (2), every participant referred to in paragraph 4(e) shall contribute to the Retirement Compensation Arrangements Account at the rate, and in respect of the salary, established in respect of the participant under section 14 of the Public Service Superannuation Act as that section read immediately before December 15, 1994.

  • (2) If the aggregate of the period of pensionable service of a participant — consisting of pensionable service under the Public Service Superannuation Act, other pensionable service as determined under subsection 5(5) of that Act and the period specified by the participant in an election under section 14 of that Act as that section read immediately before December 15, 1994 — exceeds 35 years, the participant shall contribute to the Retirement Compensation Arrangements Account, in respect of the portion of the aggregate period that exceeds 35 years, at a rate equal to the rate established in respect of the participant under that section as it read immediately before that date.

  • SOR/2002-73, s. 5
 
Date modified: