Canadian Forces Superannuation Regulations (C.R.C., c. 396)

Recoveries

• 46 (1) Where a participant ceases to be a member of the regular force and does not become a public service participant, any contributions payable by them on the day they cease to be a member of the regular force may be recovered in one lump sum, or by instalments, from any moneys payable to or in respect of them at any time by or on behalf of Her Majesty.

• (2) Where an elective participant dies, any contributions payable by them on the day of their death may be recovered from any moneys payable to or in respect of them at any time by or on behalf of Her Majesty.

Service Substantially Without Interruption

47 Where, during any relevant period, a person ceases to be a member of the regular force and within three months from the day on which they so cease to be a member they again become a member of that force, their service in the regular force during that period shall, for the purposes of Part II of the Act, be deemed to be substantially without interruption.

Retroactive Increases in Pay

48 For the purpose of Part II of the Act, where a retroactive increase is authorized in the pay of a participant, such increase shall be deemed to have commenced to have been received by them on the first day of the month in which

• (a) the Governor in Council or the Treasury Board, as appropriate, approved such increase; or

• (b) written approval of such increase was duly issued by the appropriate authority in a case where approval of the Governor in Council or the Treasury Board is not required.

Proof of Age

• 49 (1) For the purposes of Part II of the Act, proof of age shall, subject to subsection (2), be established by the following evidence:

  • (a) a birth certificate issued by an appropriate civil authority;

  • (b) a baptismal certificate, issued by an appropriate religious authority, indicating that the baptism took place within five years after the date of birth; or

  • (c) an official notification issued by an appropriate civil authority indicating that the birth is registered with that authority and stating therein the date of birth.

• (2) In the event that the evidence referred to in subsection (1) cannot be obtained by the participant, proof of their age may be established by

  • (a) a document made within five years of the date of birth of the participant showing their name and date of birth or their age, or a certified copy or extract thereof;

  • (b) a document, or a certified copy or extract thereof, showing the name and date of birth or age of the participant, that is at least 20 years old at the time that it is considered by the Minister for the purpose of establishing the age of the participant, and that, except where the document is a page from the Family Bible, is wholly or partly in print; or

  • (c) one of each or two of either of the following documents, showing the name and date of birth or age of the participant, and that agree as to the month and year of their birth, or certified copies or extracts thereof, namely,

    • (i) an affidavit or statutory declaration made by a parent, brother or sister of the participant, or some other person having knowledge of the pertinent facts of their birth, or

    • (ii) a document at least 10 years old at the time that it is considered by the Minister for the purpose of establishing the age of the participant;

  • (d) evidence relating to the inability to obtain either of the certificates referred to in subsection (1) in the form of

    • (i) a letter from an appropriate authority indicating that a search has been made for a certificate of birth but that such search was unsuccessful, or

    • (ii) a statement that satisfies the Minister as to why it would not be practical to conduct a search for any of the documents referred to in subsection (1); and

  • (e) a statement, in a form prescribed by the Minister, attesting to the validity of the evidence referred to in paragraphs (a) and (b) and sworn to or affirmed by the person submitting the evidence.

• (3) A record of service in the Canadian Forces or any form prescribed by the Minister under the Act shall not be considered as evidence relating to proof of age.

• (4) A participant shall, upon demand by the Minister, file evidence as to proof of age.

Elections

• 50 (1) An election under section 62 of the Act shall be made in writing, dated and signed and sent to the Minister, or to a person designated by the Minister, within one week after the date that it bears.

• (2) An election is made on the date that it bears.

• (3) The date of the sending of the election is the day on which it is delivered or, if it is sent by mail, the day on which it is mailed. The postmark is evidence of that day.

Effective Dates of Becoming and Ceasing To Be a Member of the Regular Force

51 For the purposes of Part II of the Act,

• (a) the day on which a person becomes a member of the regular force is,

  • (i) the day on which they enrol in that force,

  • (ii) the day on which they report for continuous full-time duty after termination of a leave without pay and allowances for personal reasons if a member is granted leave with effect on the day on which they enrol in that force or on the day immediately following that day,

  • (iii) the day on which they cease to be absent without authority, if they are deemed to have ceased to be a member of the force under section 44, or

  • (iv) the first day of the month following the month in which the continuous period of full-time service mentioned in subsection 41(2) or (3) of the Act expired, if they are deemed under that subsection to have become re-enrolled in the regular force; and

• (b) the effective day on which a person, other than a person who is an elective participant, ceases to be a member of the regular force is the last day in the month in respect of which they are or were required to contribute to the Regular Force Death Benefit Account; and

• (c) the day on which a member described in paragraph (b) of the definition participant in subsection 60(1) of the Act ceases to be a participant is the last day of the month during which they cease to fall within that definition.

Benefits

52 The times when the reductions referred to in the definition basic benefit in subsection 60(1) of the Act shall be made are as follows:

• (a) in the case of an elective participant who ceased to be a member of the regular force and to whom an annuity or pension is not payable under the Act or the Defence Services Pension Continuation Act, each reduction shall be made on each anniversary of the day (that is on or that follows the 61st birthday of the participant, whichever occurs first), on which an annual contribution under the Act is payable; and

• (b) in any case, other than the case mentioned in paragraph (a), each reduction shall be made on the first day of April or the first day of October whichever date immediately follows each anniversary of the birthday of the participant commencing with their 61st birthday.

53 The Minister may direct that a part or all of a payment payable under Part II of the Act be paid

• (a) to any person, group or association of persons towards the payment of any reasonable expenses incurred by such person, group or association of persons for the maintenance, medical care or burial of the participant; or

• (b) to the Receiver General towards the payment of any reasonable expenses incurred by Her Majesty in right of Canada for the maintenance, medical care or burial of a participant.

Designation of Beneficiaries

• 54 (1) Subject to the provisions of this section, a participant may, for the purposes of Part II of the Act, name a beneficiary under Part II of the Act or substitute a new named beneficiary or cancel the naming of any beneficiary.

• (2) The naming of a beneficiary or the substitution or cancellation of a named beneficiary by a participant referred to in subsection (1) shall be evidenced in writing in a form prescribed by the Minister, dated, witnessed and forwarded to the Minister.

• (3) The naming of a beneficiary or the substitution or cancellation of a named beneficiary by a participant referred to in subsection (1) shall be effective on the date the participant executes the form referred to in subsection (2) if the completed form is received by the Minister prior to the death of the participant.

• (4) For the purposes of Part II of the Act, a beneficiary may be

  • (a) the participant’s estate;

  • (b) any person over the age of 18 years on the date of the naming;

  • (c) any charitable organization or institution;

  • (d) any benevolent organization or institution; or

  • (e) any eleemosynary religious or educational organization or institution.

Miscellaneous

55 Commencing with the quarter of the fiscal year ending March 31, 1974, interest shall be credited to the Regular Force Death Benefit Account in respect of each quarter in each fiscal year on the last day of June, September, December and March, calculated at the rate referred to in subsection 36(2) of these Regulations on the balance to the credit of the Account on the last day of the preceding quarter.

• 56 (1) There shall be issued to each elective participant, as evidence that they are a participant under the Act, a document

  • (a) in Form 1 of Schedule II in the case of an elective participant who ceases to be a member of the regular force and to whom an immediate annuity or pension is payable under the Act or the Defence Services Pension Continuation Act; and

  • (b) in Form 2 of Schedule II in all cases other than the case mentioned in paragraph (a).

• (2) Every document issued to an elective participant under subsection (1) shall be signed by the Chief of the Defence Staff or by a person authorized by him or her to sign such documents on his or her behalf.

• (3) The signature on each document issued to elective participants under subsection (1) may be printed, painted, engraved, lithographed, photographed or represented or reproduced by any mode of representing or reproducing the signature in a visible form.

Optional Survivor Benefit

Definitions

57 The following definitions apply in this section and sections 58 to 75.

elective beneficiary

elective beneficiary means a person to whom the contributor is married or with whom they are cohabiting in a relationship of a conjugal nature, having so cohabited for a period of at least one year, and in whose favour the contributor exercises the option. (bénéficiaire désigné)

option

option means the option referred to in subsection 25.1(1) of the Act. (option)

Exercise of Option

58 An option must be exercised in writing and must

• (a) indicate which of the following reductions, determined in accordance with section 66, is applicable:

  • (i) the reduction that is necessary in order that the elective beneficiary could be entitled to an immediate annual allowance equal to 30% of the annuity referred to in clause 66(1)(b)(ii)(A), if paragraph 66(1)(b) were read without reference to the supplementary benefits payable under Part III of the Act,

  • (ii) the reduction that is necessary in order that the elective beneficiary could be entitled to an immediate annual allowance equal to 40% of the annuity referred to in clause 66(1)(b)(ii)(A), if paragraph 66(1)(b) were read without reference to the supplementary benefits payable under Part III of the Act, or

  • (iii) the reduction that is necessary in order that the elective beneficiary could be entitled to an immediate annual allowance equal to 50% of the annuity referred to in clause 66(1)(b)(ii)(A), if paragraph 66(1)(b) were read without reference to the supplementary benefits payable under Part III of the Act;

• (b) contain proof that establishes, to the Minister’s satisfaction, the date of birth of the elective beneficiary;

• (c) contain proof that establishes, to the Minister’s satisfaction, that the contributor and the elective beneficiary are

  • (i) married, or

  • (ii) cohabiting in a relationship of a conjugal nature, having so cohabited for a period of at least one year;

• (d) if the name of the elective beneficiary indicated in the proof referred to in paragraph (b) is not the same as the one indicated in the proof referred to in paragraph (c), contain proof that the names that were indicated refer to the elective beneficiary or a statutory declaration by which the elective beneficiary declares that they are the person referred to in both cases; and

• (e) be signed by the contributor and a witness, other than the elective beneficiary, and bear the date of the contributor’s signature.

• 59 (1) The option must be sent to the Minister or to a person designated by the Minister for that purpose.

• (2) The option is exercised on the day on which it is sent in accordance with subsection (1).

60 [Repealed, SOR/2024-175, s. 1]

61 [Repealed, SOR/2024-175, s. 1]

62 [Repealed, SOR/2024-175, s. 1]

63 [Repealed, SOR/2024-175, s. 1]

64 [Repealed, SOR/2024-175, s. 1]

65 [Repealed, SOR/2024-175, s. 1]

Calculation of the Reduction

• 66 (1) The amount of the reduction of the monthly instalment of the annuity or annual allowance of the contributor that results from the exercise of the option is equal to the amount determined as follows:

  • (a) calculate the actuarial present value of the annuity or annual allowance to which the contributor is entitled under Part I of the Act immediately before having exercised the option and the supplementary benefits payable in respect of it under Part III of the Act, taking into account

    • (i) any amount that is or is to be deducted under subsection 15(2) of the Act, and

    • (ii) the minimum benefit payable under section 38 of the Act;

  • (b) convert the amount determined in accordance with paragraph (a) into the following annuities, each of which has the same actuarial present value, namely,

    • (i) an immediate single life annuity that is payable to the contributor by monthly instalments beginning on the first day of the month following the month in which the option is exercised, and that is determined taking into account the supplementary benefits payable under Part III of the Act as if the annuity were a pension payable under Part I of the Act, and

    • (ii) a joint and survivor pension benefit that consists of

      • (A) an immediate annuity that is payable during the life of the contributor by monthly instalments beginning on the first day of the month after the month in which the option is exercised, and that is determined taking into account the supplementary benefits payable under Part III of the Act as if the annuity were a pension payable under Part I of the Act, and

      • (B) an annuity that is payable during the life of the person who is the elective beneficiary and the survivor of the contributor by monthly instalments beginning on the first day of the month after the month in which the contributor dies and that is equal to 30, 40 or 50%, in accordance with the option exercised by the contributor, of the annuity determined in accordance with clause (A), and that is determined taking into account the supplementary benefits payable under Part III of the Act, as if the annuity were a pension payable under Part I of the Act; and

  • (c) subject to subsection (2), subtract the first monthly instalment of the annuity referred to in clause (b)(ii)(A) from the first monthly instalment of the annuity referred to in subparagraph (b)(i), and adjust the amount obtained to take into account

    • (i) that the reduction is effective during the lesser of

      • (A) the duration of the life of the contributor,

      • (B) the duration of the life of the elective beneficiary, and

      • (C) with respect to the contributor and the elective beneficiary, the duration of their marriage or the period of their cohabitation in a relationship of a conjugal nature, as the case may be,

    • (ii) that the reduction becomes effective beginning in the month referred to in subsection 73(1) or (2), as the case may be, and

    • (iii) that the increase in the reduction under section 67 will apply to the reduction in each year referred to in that section.

• (2) For the purposes of paragraph (1)(c), in the determination of the reduction for a contributor in respect of whom a minimum benefit would be payable under section 38 of the Act if the contributor were to die on the day on which the option is exercised, the actuarial present value that is converted for the purposes of subparagraph (1)(b)(i) is not to take into account the minimum benefit payable in respect of that contributor under that section.