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

Regulations are current to 2019-11-19 and last amended on 2016-06-17. Previous Versions

PART IIParticipation Under the Public Service Superannuation Act (continued)

[SOR/97-520, s. 4]

DIVISION IAdditional Pensionable Earnings (continued)

[SOR/97-520, s. 5]
  •  (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.

 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.

  • SOR/2003-12, s. 10
  • SOR/2012-114, s. 2
  • SOR/2016-156, s. 9

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

 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.

  • SOR/2016-156, s. 11(E)

 [Repealed, SOR/2002-73, s. 12]

  •  (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.

  • SOR/2002-73, s. 13
  • SOR/2003-12, s. 11
  • SOR/2003-230, s. 6
  •  (1) For the purposes of subsection 35(2) and paragraph 41.1(1)(c), where a participant has made an election under section 13.1 of the Public Service Superannuation Act in respect of a spouse married after the participant ceased to be required to contribute to the Superannuation Account or to the Retirement Compensation Arrangements Account under this Division, the amount determined under paragraph 35(2)(a) or 41.1(1)(c) shall be reduced by the same proportion, and for the same period, as the participant’s immediate annuity, annual allowance or deferred annuity is reduced under section 68 of the Public Service Superannuation Regulations.

  • (2) The reduction in the benefit referred to in subsection (1) shall be effective on the same day as is the reduction made under section 68 of the Public Service Superannuation Regulations.

  • SOR/97-520, s. 6

 The benefit payable to the surviving spouse of a participant who has made an election under section 13.1 of the Public Service Superannuation Act, where that spouse married the participant after the participant ceased to be required to contribute to the Retirement Compensation Arrangements Account under Division I of Part I is equal to the amount determined under subsection 35(2), read without reference to subsection 36(1), multiplied by the percentage of the participant’s annuity or annual allowance, calculated before any reduction is made under section 68 of the Public Service Superannuation Regulations, that the spouse will receive as an allowance under section 79 of those Regulations.

  • SOR/97-520, s. 7
  •  (1) Subject to subsection (2), a participant shall be entitled to a return of contributions made under this Part, together with interest calculated at the rate and in the manner set out in subsection 10(9) of the Public Service Superannuation Act, if the participant is entitled to a return of contributions under that Act.

  • (2) No return of contributions is payable to a participant under subsection (1) if the difference calculated under subsection 35(2) is nil.

  •  (1) A participant who opts for a transfer value under section 13.01 of the Public Service Superannuation Act shall receive a lump sum amount in lieu of any other benefit under this Division.

  • (2) The lump sum amount is equal to

    • (a) the transfer value that would be paid to the participant under section 13.01 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 amount paid or payable to the participant under that Act and section 41.2 in respect of the period of pensionable service of the participant to which the transfer value relates.

  • (3) to (6) [Repealed, SOR/2003-230, s. 7]

  • SOR/97-252, s. 6
  • SOR/2003-12, s. 12
  • SOR/2003-230, s. 7

 Subsection 38.1(2) and sections 38.4, 38.5 and 41.3, as those provisions read immediately before the coming into force of this section, continue to apply in respect of a deferred annuity that a participant opted or was deemed to have opted to receive under paragraph 38.1(1)(b) or subsection 38.2(2), as those provisions read immediately before the coming into force of this section.

  • SOR/97-252, s. 6
  • SOR/2003-12, s. 12
  •  (1) Subject to subsections (2) and (3), a person who elects to pay for a period of service under clause 6(1)(b)(iii)(M) or (N) of the Public Service Superannuation Act shall pay to the Retirement Compensation Arrangements Account a lump sum amount that is equal to the aggregate of

    • (a) the amount by which the amount determined in accordance with subsection 103(1) of the Public Service Superannuation Regulations exceeds the amount that would be determined in accordance with that subsection if subparagraph 11(1)(b)(iii) of that Act and section 30.6 of those Regulations were not taken into account; and

    • (b) an amount representing interest on the amount determined under paragraph (a) calculated in the manner and at the rates referred to in subsection 103(2) of those Regulations.

  • (2) If an adjustment is made under subsection 102(2) or (3) or 104(3) of the Public Service Superannuation Regulations to the period of pensionable service that is counted by the person under the election, the ratio that was used under that subsection of those Regulations to determine the period to be counted shall be applied to reduce the amount that is determined under subsection (1).

  • (3) A person who had opted to receive or was deemed to have opted to receive a deferred annuity under paragraph 38.1(1)(b) or subsection 38.2(2), as those provisions read immediately before December 13, 2002, is not required to make a payment under subsection (1), and ceases to be entitled to that annuity.

  • SOR/97-252, s. 6
  • SOR/2003-12, s. 12
  • SOR/2016-156, s. 10
 
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