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Retirement Compensation Arrangements Regulations, No. 2 (SOR/95-169)

Regulations are current to 2020-06-17

Benefit Entitlement (continued)

 A Governor in Council appointee referred to in section 3 is entitled to an annual benefit calculated in accordance with subsection 7(1) on condition that the appointee

  • (a) ceases to be employed within six months after the day on which the appointee’s position is abolished;

  • (b) at the time the appointee ceases to be employed,

    • (i) has been employed in the Public Service, within the meaning of subsection 3(1) of the Public Service Superannuation Act, on a full-time basis as described in clause 13(1)(c)(ii)(C) of that Act for a period of or for periods totalling at least 10 years, and

    • (ii) has reached the age of 50 years but has not reached the age of 55 years;

  • (c) elects, not later than 30 days after ceasing to be employed, to receive that annual benefit;

  • (d) exercises, not later than 30 days after ceasing to be employed, the option to receive an annual allowance in accordance with clause 13(1)(c)(ii)(B) or (D) of the Public Service Superannuation Act; and

  • (e) has not received a lump sum termination settlement.

 The annual benefit referred to in sections 4 and 5 is payable to a participant in the same manner and subject to the same conditions as an annual allowance payable under the Public Service Superannuation Act.

Amount of Benefit

  •  (1) The amount of the annual benefit to which a participant is entitled is the difference between

    • (a) the amount of the annuity that would be payable to the participant under paragraph 11(1)(a) of the Public Service Superannuation Act if that paragraph applied to all of the participant’s pensionable service, and

    • (b) the amount of the annual allowance to which the participant is entitled under clause 13(1)(c)(ii)(B) or (D) of that Act plus the amount of any benefit to which the participant is entitled under section 35 of the Retirement Compensation Arrangements Regulations, No. 1.

  • (2) The annual benefit shall be paid to a participant as of the same day that the annual allowance referred to in subparagraph 4(1)(f)(iii) or paragraph 5(1)(d) becomes payable.

  •  (1) Where a participant has made an election under section 13.1 of the Public Service Superannuation Act in respect of a person who became the participant’s spouse after the participant ceased to be employed in the Public Service, the amount of the annual benefit determined under subsection 7(1) shall be reduced by the same proportion, and for the same period, as the participant’s annual allowance is reduced under section 68 of the Public Service Superannuation Regulations.

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

  • (3) Where the surviving spouse of a participant is entitled to an immediate annual allowance under subsection 13.1(3) of the Public Service Superannuation Act, the spouse is entitled to an annual benefit equal to the amount determined under subsection 7(1), multiplied by the percentage of the participant’s annual allowance, calculated before any reduction is made under section 68 of thePublic Service Superannuation Regulations, that the spouse will receive as an allowance under section 79 of those Regulations.

Changes in Entitlement

  •  (1) A participant receiving an annual benefit under these Regulations shall cease to be entitled to receive that benefit on the day on which the participant is re-employed in the Public Service, within the meaning of subsection 3(1) of the Public Service Superannuation Act, and becomes a contributor within the meaning of section 64 of that Act.

  • (2) Where a participant’s entitlement to an annual benefit under these Regulations ceases as described in subsection (1), that entitlement will not recommence where the participant subsequently ceases to be employed in the Public Service, within the meaning of subsection 3(1) of the Public Service Superannuation Act.

  •  (1) Where a participant becomes entitled to an immediate annuity under subparagraph 13(1)(d)(ii) of the Public Service Superannuation Act, the participant ceases to be entitled to an annual benefit under these Regulations.

  • (2) Where a participant who ceases to be entitled to an annual benefit as described in subsection (1) becomes entitled to a deferred annuity under section 28 of the Public Service Superannuation Act, the participant shall again become entitled to an annual benefit under these Regulations if the participant exercises the option to receive an annual allowance in accordance with clause 13(1)(c)(ii)(B) or (D) of that Act.

Supplementary Benefits

 Supplementary benefits shall be paid in respect of periodic payments payable under these Regulations at the same rates and in the same manner as are supplementary retirement benefits under the Supplementary Retirement Benefits Act.

Recovery of Overpayments

 Where, under these Regulations, an amount has been paid in error to a person, an amount equal to the amount paid in error shall be recovered in the same manner as that specified in section 20 of the Retirement Compensation Arrangements Regulations, No. 1, with such modifications as the circumstances require.

Administration

 The Minister of Supply and Services shall provide all administrative services necessary for the administration of the retirement compensation arrangement established by section 3.

Time Limitation on Entitlement

 Notwithstanding anything in these Regulations, a participant is not entitled to an annual benefit under section 4 or 5 unless that participant ceases to be employed in the Public Service on or before October 1, 1998.

  • SOR/97-162, s. 1
 
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