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

18.1 [Repealed, SOR/2003-12, s. 7]

• 19 (1) A survivor of a participant who is not entitled to the benefit set out in section 18 due to the application of subsection 26(1) of the Public Service Superannuation Act shall be entitled to the benefit referred to in that section if the survivor married the participant or began cohabiting in a relationship of a conjugal nature with the participant during the period in respect of which the participant was required to contribute under this Part.

• (2) A person who is not entitled to the benefit set out in section 18 due to the application of subsection 26(2) of the Public Service Superannuation Act shall be entitled to the benefit referred to in that section if the person became the child, within the meaning of “child” in subsection 3(1) of that Act, of the participant during the period in respect of which the participant was required to contribute under this Part.

• (3) For the purpose of subsection (2), a child born posthumously to a participant is entitled to a benefit under section 18 if the child is born following a gestation period commencing before the date when the participant ceased to be required to contribute under this Part.

• 20 (1) Where under this Part an amount has been paid in error, the Minister shall forthwith demand payment from the recipient of an amount equal to the amount paid in error.

• (2) A person from whom payment of an amount has been demanded by the Minister pursuant to subsection (1) shall, within 30 days after the day on which the demand is made

  • (a) pay that amount to the Minister in one lump sum; or

  • (b) notify the Minister that the person wishes to repay the amount, plus any charges calculated under this paragraph, in approximately equal monthly instalments to be deducted from the person’s benefit for the lesser of

    • (i) the life expectancy of the person, and

    • (ii) the period required to pay that amount and those charges in monthly instalments equal to 10 per cent of the gross monthly amount of the benefit,

    calculated as at the expiration of the 30 day period in accordance with Life Table No. 2 of Vital Statistics Report, No. 4 — Life Tables for Canada and Regions — 1941 and 1931, published by the Department of Trade and Commerce, Dominion Bureau of Statistics, Ottawa, 1947.

• (3) Where a person referred to in subsection (2) does not pay the amount owing within 30 days after the day on which the demand for payment is made, deductions shall be made from the person’s benefit in the manner set out in paragraph (2)(b).

• (4) A person in respect of whom deductions are made under this section may, at any time,

  • (a) pay the amount then owing and the charges calculated under paragraph (2)(b), in one lump sum; or

  • (b) arrange to pay the amount then owing and the charges calculated under paragraph (2)(b),

    • (i) by larger monthly instalments, or

    • (ii) by a lump sum payment and monthly instalments payable over the same or a shorter period than that provided under that paragraph.

• (5) Where deductions are to be made pursuant to paragraph (2)(b), the first deduction shall be made in the month following the month in which the 30 day period referred to in subsection (2) ends.

• (6) If the monthly deduction referred to in subsection (2) would cause financial hardship to the person to whom the benefit is payable, a lesser monthly deduction shall be made in an amount equal to the greater of $10 and 5% of the gross monthly amount of the benefit.

• (7) Where a person in respect of whom lesser deductions are made pursuant to subsection (6) dies before the amount owing is paid in full, the balance remaining unpaid shall be recovered from any further benefits payable under the retirement compensation arrangement in respect of that person.

• (8) For the purposes of this section, a demand by the Minister for payment of an amount shall be considered to have been made on the day on which a letter demanding payment and signed by or on behalf of the Minister is mailed.

• (9) Nothing in this section prohibits a person from paying an amount at any time before that amount becomes payable.

21 Where a participant or a recipient requests that a benefit under this Part be paid otherwise than in equal monthly instalments, or where the payment of a benefit in equal monthly instalments is not practicable for administrative reasons, the benefit may be paid in equal payments quarterly, semi-annually or annually in arrears, if payment in arrears would not result in the payment of an aggregate amount greater than the aggregate amount of equal monthly instalments that would otherwise be payable under this Part.

• 22 (1) If a participant dies, leaving no survivor or child to whom a benefit may be paid under this Part or Part I of the Public Service Superannuation Act, or if the persons to whom such a benefit may be paid die or cease to be entitled to the benefit, a benefit of the type referred to in subsection 27(2) of that Act shall be paid to the beneficiary named by the participant under Part II of that Act or, if no beneficiary is named or the named beneficiary does not survive the participant, to the estate of the participant, subject to the same conditions as are specified in that Act for payment of such a benefit.

• (2) Subject to subsection (3), if five times the aggregate of the benefits referred to in paragraphs (a), (b) and (c) is greater than the total of the participant’s contributions under this Part and Part II and under Part I of the Public Service Superannuation Act together with interest thereon calculated at the rate and in the manner set out in subsection 10(9) of that Act, the amount of a benefit payable under subsection (1) shall be five times the aggregate of

  • (a) the annual amount of any benefit payable to the participant under this Part, determined in accordance with subsection 15(3), not reduced on account of the age or period of pensionable service of the participant,

  • (b) the annual amount of any benefit payable to the participant under Part II, determined in accordance with subsection 35(2), not reduced on account of the age or period of pensionable service of the participant, and

  • (c) the amount of any annuity payable to the participant under the Public Service Superannuation Act, determined in accordance with subsection 11(1) of that Act.

• (3) The amount of the benefit referred to in subsection (2) shall be reduced by the following amounts paid to or in respect of the participant:

  • (a) any amount paid under this Part;

  • (b) any amount paid under Divisions I and II of Part II, including any amount paid under section 39; and

  • (c) any amount paid under Part I of the Public Service Superannuation Act, including any amount paid under section 27 of that Act.

• (4) If the amount determined under subsection (2) is less than the total of the participant’s contributions under this Part and Part II and under Part I of the Public Service Superannuation Act together with interest thereon, calculated at the rate and in the manner set out in subsection 10(9) of that Act, the benefit payable under subsection (1) shall be equal to the participant’s contributions under this Part together with interest thereon calculated at the same rate and in the same manner, reduced by any amount paid to or in respect of the participant under this Part.

23 to 27 [Repealed, SOR/2000-242, s. 2]

PART IIParticipation Under the Public Service Superannuation Act

28 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.

DIVISION IAdditional Pensionable Earnings

• 29 (1) Any person who, on or after December 15, 1994, is required to contribute to the Superannuation Account or the Public Service Pension Fund and whose annual rate of salary is greater than the annual rate of salary determined under section 5.1 of the Public Service Superannuation Regulations shall contribute to the Retirement Compensation Arrangements Account on the excess salary at the same rates and subject to the same conditions as are set out in section 5 of the Public Service Superannuation Act.

• (2) Any person employed in operational service within the meaning of section 15 of the Public Service Superannuation Act who on or after December 15, 1994 is required to contribute to the Superannuation Account or Public Service Pension Fund and whose annual rate of salary is greater than the annual rate of salary determined under section 5.1 of the Public Service Superannuation Regulations shall contribute to the Retirement Compensation Arrangements Account on the excess salary an additional amount at the rate set out in section 19 of that Act.

• (3) Any person employed in operational service within the meaning of section 53 of the Public Service Superannuation Regulations who on or after December 15, 1994 is required to contribute to the Superannuation Account or Public Service Pension Fund and whose annual rate of salary is greater than the annual rate of salary determined under section 5.1 of those Regulations shall contribute to the Retirement Compensation Arrangements Account an additional amount on the excess salary at the rate set out in subsection 55(1) of those Regulations.

• (4) Any period during which a participant was required to contribute to the Retirement Compensation Arrangements Account under Part I is to be included in calculating years of pensionable service for the purposes of determining applicable contribution rates pursuant to subsections (1) to (3).

• 30 (1) Contributions by a participant under section 29 shall be based on a salary equal to the portion of the annual rate of salary of the participant that exceeds the annual rate of salary determined under section 5.1 of the Public Service Superannuation Regulations.

• (2) Contributions by a participant under section 29 in respect of periods of leave without pay shall be payable at the same rates and in the same manner as are specified in sections 7 to 7.2 of the Public Service Superannuation Regulations, based on a salary equal to the portion of the annual rate of salary of the participant that exceeds the annual rate of salary determined under section 5.1 of those Regulations.

• (3) An election under section 5.3 of the Public Service Superannuation Act in respect of a period of leave without pay constitutes an election not to contribute to the Retirement Compensation Arrangements Account.

31 A participant who makes an election under section 12.2 or 57 of the Public Service Superannuation Regulations or under paragraph 6(1)(b), other than under clause 6(1)(b)(iii)(M) or (N), or section 20 of the Public Service Superannuation Act, shall pay to the Retirement Compensation Arrangements Account, in respect of any portion of the participant’s annual rate of salary that exceeds the annual rate of salary determined under section 5.1 of those Regulations, the amount that the participant would be required to contribute in respect of that portion under sections 12.4 and 57 of those Regulations or under section 7 or paragraph 20(1)(b) of that Act in the same manner and subject to the same conditions as are set out in subsection 57(3) of those Regulations or in section 8 or subsection 20(3) of that Act, respectively.

32 A participant becomes subject to the retirement compensation arrangement on the later of

• (a) the day on which the participant’s annual rate of salary exceeds the annual rate of salary determined under section 5.1 of the Public Service Superannuation Regulations, and

• (b) December 15, 1994.

33 A participant ceases to be required to contribute to the Retirement Compensation Arrangements Account under this Part on the day on which the participant ceases to be employed in the public service within the meaning of section 27 of the Public Service Superannuation Regulations.

34 [Repealed, SOR/2002-73, s. 12]

• 35 (1) A benefit shall be paid under this Part to a participant who is entitled to an annuity or annual allowance under the Public Service Superannuation Act as of the same day that the annuity or annual allowance becomes payable.

• (2) Subject to subsection 36(1), the benefit to which a participant is entitled shall be in an amount equal to

  • (a) the amount of the annuity or annual allowance that would be payable to the participant under Part I of the Public Service Superannuation Act if paragraph 11(1)(b) of that Act applied without reference to the annual rate of salary fixed by or determined in accordance with the regulations referred to in subparagraph 11(1)(b)(iii) of that Act,

  less

  • (b) any annuity or annual allowance payable to the participant under that Act and any benefit payable under paragraph 41.1(1)(c), in respect of the period of pensionable service to the credit of the participant.

• (3) The benefit to which a participant is entitled is payable in the same manner and is subject to the same conditions as the annuity or annual allowance payable to the participant under the Public Service Superannuation Act.