Public Service Superannuation Act ( R.S.C. , 1985, c. P-36)

1 This Act may be cited as the Public Service Superannuation Act .

R.S., c. P-36, s. 1

Equality of Status

Marginal note: Status of males and females

2 Male and female contributors under this Act have equality of status and equal rights and obligations under this Act.

1974-75-76, c. 81, s. 2

PART I Superannuation

Interpretation

Marginal note: Definitions

3 (1) In this Part, means any service in the forces of a kind designated in the regulations to be active service, which service is deemed for the purposes of this Part to have terminated on discharge or, in the case of a person who underwent treatment in a veterans’ hospital, as defined in the regulations, immediately following his discharge, on that person’s release from hospital; ( activité de service dans les forces ) means a child or stepchild of — or an individual adopted either legally or in fact by — a contributor who at the time of the contributor’s death was dependent on the contributor for support; ( enfant ) means a person required by section 5 to contribute to the Public Service Pension Fund, and, unless the context otherwise requires,

(a) a person who has ceased to be required by this Act to contribute to the Superannuation Account or the Public Service Pension Fund, and
(b) for the purposes of sections 25, 27 and 28, a contributor under Part I of the Superannuation Act who has been granted an annual allowance under that Act or has died; ( contributeur )

means incapable of pursuing regularly any substantially gainful occupation; ( invalide )

means the Royal Canadian Mounted Police; ( Gendarmerie )

, except in the definition “regular force”, means the naval, army or air forces of His Majesty or of any of the Allies of His Majesty during World War I or World War II; ( forces )

means the President of the Treasury Board; ( ministre )

[Repealed, 1999, c. 34, s. 53]

means any employment in respect of which there was an established superannuation or pension fund or plan, approved by the Minister for the purposes of this Part, for the benefit of persons engaged in that employment; ( emploi ouvrant droit à pension )

means any period of service to the credit of the employee in the fund or plan referred to in the definition “pensionable employment” at the time he left the employment therein referred to; ( période d’emploi ouvrant droit à pension )

has the same meaning as in the Canada Pension Plan ; ( régime provincial de pensions )

means the several positions in or under any department or portion of the executive government of Canada, except those portions of departments or portions of the executive government of Canada prescribed by the regulations and, for the purposes of this Part, of the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service and office of the Parliamentary Budget Officer and any board, commission, corporation or portion of the federal public administration specified in Schedule I; ( fonction publique )

means the fund established under section 44.2; ( Caisse de retraite de la fonction publique )

means the fund established under section 44.1; ( Fonds de placement du compte de pension de retraite de la fonction publique )

means the regular force of the Canadian Forces and includes

(a) the forces known before February 1, 1968 as the regular forces of the Canadian Forces, and
(b) the forces known before February 1, 1968 as the Royal Canadian Navy, the Canadian Army Active Force, the Permanent Active Militia, the Permanent Militia Corps, the permanent staff of the Militia, the Royal Canadian Air Force (Regular) and the Permanent Active Air Force; ( force régulière )

means the Retirement Fund established under Part II of the Civil Service Superannuation and Retirement Act ; ( Fonds de retraite )

(a) as applied to the public service, the basic pay received by the person in respect of whom the expression is being applied for the performance of the regular duties of a position or office exclusive of any amount received as allowances, special remuneration, payment for overtime or other compensation or as a gratuity unless that amount is deemed to be or to have been included in that person’s basic pay pursuant to any regulation made under paragraph 42(1)(e), and
(b) as applied to the regular force or the Force, the pay or pay and allowances, as the case may be, applicable in the case of that person as determined under the Canadian Forces Superannuation Act or the Royal Canadian Mounted Police Superannuation Act ; ( traitement )

means the Civil Service Superannuation Act , chapter 50 of the Revised Statutes of Canada, 1952; ( Loi sur la pension de retraite )

means a supplementary benefit payable under Part III; ( prestation supplémentaire )

, in relation to a contributor, means

(a) a person who was married to the contributor at the time of the contributor’s death, or
(b) a person referred to in subsection 25(4); ( survivant )

means the war that was declared on August 4, 1914 and that is deemed, for the purposes of this Part, to have terminated on December 31, 1920; ( Première Guerre mondiale )

means the war that was declared on September 10, 1939 and that is deemed, for the purposes of this Part, to have terminated on September 30, 1947. ( Seconde Guerre mondiale )

(a) employees of a member of the Senate or House of Commons, and
(b) any other category of employees prescribed by regulation made by the Governor in Council under paragraph 42(1)(vv)

whose salaries were or are paid out of moneys appropriated by Parliament for use by the Senate or House of Commons shall be deemed to have been or to be employed in the Senate or House of Commons, in respect of periods of service in a category described in paragraph (a) or (b) preceding as well as following June 29, 1984.

R.S., 1985, c. P-36, s. 3
1992, c. 46, s. 1
1996, c. 18, s. 21
1999, c. 34, s. 53
2003, c. 22, s. 210(E), 225(E)
2004, c. 7, ss. 36, 41(E)
2006, c. 4, s. 204, c. 9, s. 33
2012, c. 31, s. 475
2015, c. 36, s. 137
2017, c. 20, s. 172

Superannuation

Marginal note: Scope of Part I

4 (1) Subject to this Part, an annuity or other benefit specified in this Part shall be paid to or in respect of every person who, being required to contribute to the Superannuation Account or the Public Service Pension Fund in accordance with this Part, dies or ceases to be employed in the public service, which annuity or other benefit shall, subject to this Part, be based on the number of years of pensionable service to the credit of that person.
Marginal note: Superannuation Account (2) The Superannuation Account, established in the accounts of Canada pursuant to the Superannuation Act , is hereby continued.

R.S., 1985, c. P-36, s. 4
1999, c. 34, s. 54
2003, c. 22, s. 225(E)

Persons Required to Contribute

Marginal note: Persons required to contribute

5 (1) Subsections (2) and (3) apply to persons employed in the public service, other than

(a) [Repealed, 1992, c. 46, s. 2]
(b) an employee who is engaged for a term of six months or less or a seasonal employee, unless he or she has been employed in the public service substantially without interruption for a period of more than six months;
(c) subject to section 5.2, a person who, immediately before July 4, 1994, was employed in the public service as a part-time employee within the meaning of this Act as it read at that time and who has been so employed substantially without interruption since that time;
(d) [Repealed, 2012, c. 31, s. 476]
(e) persons in positions, as determined by the Governor in Council with effect from July 11, 1966, in the whole or any portion of any board, commission or corporation that has its own pension plan while that pension plan is in force;
(f) an employee on leave of absence from employment outside the public service who, in respect of his or her current service, continues to contribute to or under any superannuation or pension fund or plan established for the benefit of employees of the person from whose employment he or she is absent;
(g) an employee whose compensation for the performance of the regular duties of his or her position or office consists of fees of office;
(h) an employee engaged locally outside Canada; or
(i) a sessional employee, a postmaster or assistant postmaster in a revenue post office, a person employed as a clerk of works, a member of the staff of Government House who is paid by the Governor General from his or her salary or allowance or an employee of a commission that is appointed under Part I of the Inquiries Act and added to Part I of Schedule I, unless designated by the Minister individually or as a member of a class.
(j) [Repealed, 1992, c. 46, s. 2]

(a) out of the Consolidated Revenue Fund, or out of any account in the accounts of Canada other than the Superannuation Account;
(b) out of or under a superannuation or pension fund or plan pursuant to which contributions have been paid out of the Consolidated Revenue Fund in respect of employees engaged locally outside of Canada; or
(c) out of the Canadian Forces Pension Fund within the meaning of the Canadian Forces Superannuation Act or the Royal Canadian Mounted Police Pension Fund within the meaning of the Royal Canadian Mounted Police Superannuation Act .

R.S., 1985, c. P-36, s. 5
1992, c. 46, s. 2
1999, c. 34, s. 55
2003, c. 22, s. 225(E)
2012, c. 31, s. 476

Marginal note: Contributions not required

5.1 (1) Notwithstanding section 5, a person employed in the public service is not required to contribute to the Superannuation Account or the Public Service Pension Fund under that section if that person is engaged to work on average less than twelve hours a week or the lesser number of hours a week that may be prescribed by the regulations.
Marginal note: Contributions not required (2) Notwithstanding section 5, a person employed in the public service who was so employed on September 9, 1993 and who, on September 8, 1993, was not required to contribute to the Superannuation Account by reason of the person being a person described in paragraph 5(1)(j) of this Act, as it read on September 8, 1993, is not required to contribute to the Account or the Public Service Pension Fund under that section in respect of any period of service on or after that day.
Marginal note: Non-application (3) Subsection (2) does not apply to a person who makes an election under section 5.4.

1992, c. 46, s. 3
1999, c. 34, s. 56
2003, c. 22, s. 225(E)

Marginal note: Election for part-time employees

5.2 Every person referred to in paragraph 5(1)(c) who is engaged to work on average at least twelve hours a week or the lesser number of hours a week that may be prescribed by the regulations, may, subject to the regulations, elect to contribute to the Superannuation Account or the Public Service Pension Fund in accordance with section 5, beginning on the first day of the month following the month in which that person makes that election.

1992, c. 46, s. 3
1999, c. 34, s. 57

Marginal note: Election for leave of absence

5.3 (1) Subject to subsection (3), a contributor who is or has been absent from the public service on leave of absence without pay for a period that exceeds three months may, subject to the regulations, elect not to count as pensionable service under clause 6(1)(a)(ii)(A) that portion of the period that is in excess of three months.
Marginal note: Contributions not required (2) Notwithstanding section 5, a contributor who makes an election under subsection (1) is not required to contribute to the Superannuation Account or the Public Service Pension Fund under that section in respect of the portion of the period to which the election relates.

Marginal note: Exception (3) A contributor is not entitled to make an election under subsection (1) if

(a) the period of leave of absence ended before the day on which that subsection comes into force; and
(b) the contributor has, before that day, made all of the contributions that are required to be made by the contributor to the Superannuation Account in respect of that period.

1992, c. 46, s. 3
1999, c. 34, s. 58
2003, c. 22, s. 225(E)

Marginal note: Election for certain persons over sixty-five years of age

5.4 (1) A person referred to in subsection 5.1(2) may, subject to the regulations, elect to count as pensionable service the period of service in respect of which that person was unable to contribute to the Superannuation Account by reason of the person being a person described in paragraph 5(1)(j) of this Act, as it read on the day immediately before the day on which that subsection comes into force.
Marginal note: Payment (2) A person who makes an election under subsection (1) shall pay into the Superannuation Account, at the time and in the manner prescribed by the regulations, an amount determined in accordance with the regulations.

1992, c. 46, s. 3

Marginal note: Election

5.5 (1) A person who has ceased to be employed in the public service before the day on which this subsection comes into force may, subject to the regulations, elect to count as pensionable service the period of service in respect of which that person was unable to contribute to the Superannuation Account by reason of the person being a person described in paragraph 5(1)(j) of this Act, as it read on the day immediately before that day.
Marginal note: Payment (2) A person who makes an election under subsection (1) shall pay into the Superannuation Account, at the time and in the manner prescribed by the regulations, an amount determined in accordance with the regulations.
Marginal note: Crediting of pensionable service (3) Where a person makes an election under subsection (1), the period of service that the person elects to count as pensionable service is deemed to be to the person’s credit as at the date the person most recently ceased to be employed in the public service.

1992, c. 46, s. 3
2003, c. 22, s. 225(E)

Pensionable Service

Marginal note: Pensionable service

6 (1) Subject to this Part, the following service may be counted by a contributor as pensionable service for the purposes of this Part:

(a) non-elective service, comprising,

(i) in the case of a contributor who, immediately prior to January 1, 1954, was a contributor under Part I of the Superannuation Act ,

(A) the period of his service as a contributor under Part I of the Superannuation Act , and
(B) any period during which he or she was required by subsections 5(1.1) and (1.2), as they read on December 31, 2012, to contribute to the Superannuation Account or the Public Service Pension Fund,

(A) any period during which he or she was required by subsections 5(1.1) and (1.2), as they read on December 31, 2012, to contribute to the Superannuation Account or the Public Service Pension Fund and any period during which he or she is required by subsection 5(2) to contribute to the Public Service Pension Fund,
(B) such portion of any period prior to becoming a contributor under this Part during which he has contributed to the Retirement Fund, in accordance with this Part or Part VI of the Superannuation Act or pursuant to any order of the Governor in Council, as is determined by the Minister in accordance with the regulations, and
(C) any period of service that he was entitled to count for the purposes of the Superannuation Act , for which he has paid but in respect of which he has not, at any time since he ceased to be a contributor under Part I of that Act, received any withdrawal allowance or other benefit thereunder, and

(A) any period of service that may be counted by that contributor as pensionable service under section 29 or subsection 35(2), 40(11), (11.1) or (13) or 40.2(9),
(B) any period during which the contributor, having been a civil servant within the meaning of the Superannuation Act , was absent from the public service on active service in the forces during World War I or, being a contributor under Part I of the Superannuation Act , was absent from the public service on active service in the forces during World War II, having been granted leave of absence to enlist,
(C) any period prior to April 14, 1927 during which the contributor was absent from the public service on leave of absence without pay,
(D) any period of service in the public service before becoming a contributor under this Part during which he or she contributed to the Superannuation Account or the Public Service Pension Fund in the manner and at the rates set out in subsections 5(1.1) and (1.2), as they read on December 31, 2012, if that service is service for which he or she might have elected, under this Part or Part I of the Superannuation Act on subsequently becoming a contributor under those Parts, to pay, but for which he or she failed so to elect within the time prescribed for elections,
(D.1) any period of service in the public service before becoming a contributor under this Part during which he or she contributed to the Public Service Pension Fund in the manner set out in subsection 5(2) and at the rates determined by the Treasury Board under that subsection if that service is service for which he or she might have elected, under this Part on subsequently becoming a contributor under this Part, to pay, but for which he or she failed so to elect within the time prescribed for elections, and
(E) one-half of any period during which the contributor, being a person who became a contributor under Part I of the Superannuation Act before August 11, 1939 and did not elect to contribute in respect of his service in the public service prior to so becoming a contributor, and being a person whose service since that date has been substantially continuous, was employed in the public service prior to so becoming a contributor; and

(i) in the case of a contributor who, immediately prior to January 1, 1954, was a contributor under Part I of the Superannuation Act ,

(A) any period of service for which he elected under the Superannuation Act to pay, and
(B) any period of service for which he might have elected, under the provisions of the Superannuation Act in force immediately prior to January 1, 1954, to pay, if he elects, within the time prescribed by those provisions, to pay for that service,

(A) any period of service on active service in the forces during World War I or World War II, if he elects, within one year of becoming a contributor under this Part, to pay for that service,
(B) any period of service before becoming a contributor under this Part, except any such period described in clause (a)(ii)(B), during which he was employed in the public service and was in receipt of salary, if he elects, within one year of becoming a contributor under this Part, to pay for that service,
(C) any continuous period of full-time service of six months or more in the Canadian Forces or the naval, army or air forces of Her Majesty raised by Canada or as a special constable of the Force who ceased to be a special constable of the Force on or after March 1, 1949, except any such period described in clause (A) or (G) of this subparagraph, if he elects, within one year of becoming a contributor under this Part, to pay for that period,
(D) any continuous period of full-time service of six months or more as an employee with an international organization specified in the regulations whose salary was paid out of the Consolidated Revenue Fund, if he elects, within one year of becoming a contributor under this Part, to pay for that service,
(E) any continuous period of full-time service of six months or more in civilian war service of a kind specified in the regulations, if he elects, within one year of becoming a contributor under this Part, to pay for that service,
(F) any period of service in pensionable employment immediately prior to becoming employed in the public service, if he elects, within one year of becoming a contributor under this Part, to pay for that service,
(G) any period of service that may be counted by him as pensionable service pursuant to subsection 39(1) of this Act or subsection 23(9) of the Public Service Superannuation Act , chapter P-36 of the Revised Statutes of Canada, 1970,
(H) any period of service with any board, commission, corporation or portion of the federal public administrationthat is added to Schedule I on or after January 1, 1954, if he elects, within one year of that addition, to pay for that service,
(I) any period of service in respect of which the contributor has received any amount by way of a return of contributions or other lump sum payment, other than a transfer value, under this Part or Part I of the Superannuation Act , if the contributor elects, within one year after subsequently becoming a contributor under this Part, to pay for that service,
(I.1) any period of service in the public service, after December 31, 1980 and before the day on which this clause comes into force, as a part-time employee, if the contributor was a contributor immediately before the day on which this clause comes into force and the contributor elects, within one year after that day, to pay for that service,
(J) any period of service in respect of which payment was made to a public service employer or an approved employer under an agreement entered into pursuant to section 40 and in respect of which that contributor subsequently received a return of contributions or other lump sum payment, if he elects, within one year of becoming a contributor under this Part, to pay for that service,
(K) any period of service described in this paragraph, except a period described in clause (M) or (N), for which the contributor might have elected, under this Part, Part I of the Superannuation Act , the Canadian Forces Superannuation Act , the Royal Canadian Mounted Police Superannuation Act or any order in council made under The Canadian Forces Act, 1950 , as amended by the Canadian Forces Act, 1954 , to pay, but for which the contributor failed so to elect within the time prescribed therefor, if the contributor elects, at any time before ceasing to be employed in the public service, to pay for that service,
(L) any period of service in respect of which the contributor makes an election under subsection 5.3(1), if the contributor elects, at any time before the contributor ceases to be employed in the public service, to pay for that service,
(M) subject to the regulations, any period of service in respect of which payment of a transfer value or a commuted value, as the case may be, to a contributor has been effected in accordance with section 13.01 of this Act, section 22 of the Canadian Forces Superannuation Act or section 12.1 of the Royal Canadian Mounted Police Superannuation Act , if the contributor elects, in accordance with the regulations, to pay for that service, and
(N) subject to the regulations, any period of service in respect of which a payment has been made in respect of the contributor pursuant to an agreement entered into under subsection 40.2(2), if the contributor elects, in accordance with the regulations, to pay for that service.

R.S., 1985, c. P-36, s. 6
1992, c. 46, s. 4
1996, c. 18, s. 22
1999, c. 34, s. 59
2003, c. 22, ss. 224(E), 225(E), c. 26, s. 48
2012, c. 31, s. 477

Elective Pensionable Service: Amount Required to be Paid

Marginal note: Amount to be paid

7 (1) Subject to subsection (1.1) and section 8, a contributor who is entitled under this Part to count as pensionable service any period of elective service specified in paragraph 6(1)(b) is required to pay, in respect thereof, the following:

(a) in respect of any period specified in clause 6(1)(b)(i)(A), any amount that he would have been required to pay under the Superannuation Act had that Act continued in force;
(b) in respect of any period specified in clause 6(1)(b)(i)(B), any amount that he would have been required to pay under the provisions of the Superannuation Act in force immediately prior to January 1, 1954;
(c) in respect of the portion referred to in subparagraph 6(1)(b)(ii), such amount as is determined in accordance with the regulations;

(d) in respect of any period specified in clause 6(1)(b)(iii)(A), an amount determined as follows:

(i) in the case of a person who, immediately prior to his enlistment in the forces, was employed in the public service on a full-time basis, an amount equal to the amount that he would have been required to contribute during the period of his service in the forces had he, during that period, been required to contribute in the manner and at the rates set out in subsection 5(1) as it read on December 31, 1965, in respect of a salary at the rate authorized to be paid to him on the most recent occasion on which he became a contributor under this Part, together with interest, and
(ii) in the case of a person who was not, immediately prior to his enlistment in the forces, employed in the public service on a full-time basis, an amount equal to twice the amount that he would have been required to contribute during the period of his service in the forces had he, during that period, been required to contribute in the manner and at the rates set out in subsection 5(1) as it read on December 31, 1965, in respect of a salary at the rate authorized to be paid to him on the most recent occasion on which he became a contributor under this Part, together with interest;

(i) if that period or any portion of it was before 1966, in the manner and at the rates set out in subsection 5(1) as it read on December 31, 1965, in respect of that period or portion,
(ii) if that period or any portion of it was after 1965 but before January 1, 2000, in the manner and at the rates set out in subsection 5(1), as it reads on December 31, 1999, in respect of that period or portion,
(iii) if that period or any portion of it was after 1999 but before January 1, 2004, in the manner and at the rates set out in subsection 5(1.1), as it read on December 31, 2003, in respect of that period or portion,
(iv) if that period or any portion of it was after 2003 but before January 1, 2013, in the manner and at the rates determined under subsection 5(1.2), as it read on December 31, 2012, in respect of that period or portion, and
(v) if that period or any portion of it was after 2012, in the manner set out in subsection 5(2) and at the rates determined by the Treasury Board under that subsection, in respect of that period or portion,

in respect of a salary at the rate authorized to be paid to him or her on the most recent occasion on which he or she became a contributor under this Part, together with interest;

(i) if that period or any portion of it was before 1966, in the manner and at the rates set out in subsection 5(1) as it read on December 31, 1965, in respect of that period or portion,
(ii) if that period or any portion of it was after 1965 but before January 1, 2000, in the manner and at the rates set out in subsection 5(1), as it reads on December 31, 1999, in respect of that period or portion,
(iii) if that period or any portion of it was after 1999 but before January 1, 2004, in the manner and at the rates set out in subsection 5(1.1), as it read on December 31, 2003, in respect of that period or portion,
(iv) if that period or any portion of it was after 2003 but before January 1, 2013, in the manner and at the rates determined under subsection 5(1.2), as it read on December 31, 2012, in respect of that period or portion, and
(v) if that period or any portion of it was after 2012, in the manner set out in subsection 5(2) and at the rates determined by the Treasury Board under that subsection, in respect of that period or portion,

in respect of a salary at the rate authorized to be paid to him or her on the most recent occasion on which he or she became a contributor under this Part, together with interest;

(a) that period of service consists of or includes service during which the contributor was employed in the public service as a part-time employee; or
(b) that period of service consists of or includes service of the contributor during which the contributor was employed in the public service on a full-time basis and the contributor is employed in the public service as a part-time employee at the time the contributor elects to pay for that service.

R.S., 1985, c. P-36, s. 7
1992, c. 46, s. 5
1996, c. 18, s. 23
1999, c. 34, s. 60
2003, c. 22, s. 225(E)
2012, c. 31, s. 478

Elections

Marginal note: Manner of making elections

8 (1) Every election made by a contributor under this Part shall be made by him while employed in the public service and shall be evidenced in writing, in the form prescribed by the Minister, and signed by the person making the election, and the original thereof shall be forwarded to the Minister in the manner prescribed by the regulations within the time prescribed by this Part for the making of the election or, in the case of an election that may be made by the contributor at any time before he ceases to be employed in the public service, within one month from the time of making the election.

Marginal note: Void elections (2) An election under this Part is void in so far as it is an election to pay for

(a) any period of service on active service in the forces during World War I or World War II or any period of service in the public service or in pensionable employment that the elector is entitled to count for the purpose of any superannuation or pension benefit of a kind specified in the regulations, otherwise than under the provisions of this Part;
(b) any period of service in the public service before January 1, 1981 as a part-time employee, within the meaning of this Act as it read from time to time before that date, unless it is service that may be counted under clause 6(1)(b)(i)(B);
(b.1) any period of service in the public service after December 31, 1980 as a part-time employee, unless it is service that may be counted under this Part and the elector was, during that period, engaged to work on average at least twelve hours a week or such lesser number of hours a week as may be prescribed by the regulations;
(c) any period of service in the public service as an employee whose compensation for the performance of the regular duties of his position or office consisted of fees of office;
(d) any period of service of less than ninety days as defined by the regulations unless it is service that may be counted under clause 6(1)(b)(iii)(I); or
(e) any period of service that is after 1965, before the day on which that elector reached the age of eighteen years and before the day on which this paragraph comes into force.

(a) has made an election under either Act in purported compliance with such Act and the regulations made pursuant thereto and that the purported election was made in good faith and was invalid by reason only of circumstances not attributable to fault on the part of that person, or
(b) was treated in error as being deemed to have elected pursuant to paragraph 51(2)(b),

that person shall be deemed to have made a valid election for the purposes of the relevant provisions of this Act or the Superannuation Act , as the case may be, on such date and subject to such terms and conditions as may be prescribed by the Governor in Council.

(a) in a lump sum, at the time of making the election, or
(b) in instalments, on such terms and computed on such bases as to mortality and interest as the Governor in Council by regulation prescribes,

R.S., 1985, c. P-36, s. 8
1992, c. 46, s. 6
1999, c. 34, s. 61
2003, c. 22, s. 225(E), c. 26, s. 49

Marginal note: Special procedures for certain elections

8.1 Where an election is made to count as pensionable service a period of service specified in clause 6(1)(b)(iii)(M) or (N), section 8 applies in the manner and to the extent set out in the regulations.

1996, c. 18, s. 24

Marginal note: Calculation of time for making of certain elections

9 For the purposes of sections 6 and 39, the year within which a contributor may elect to count any service described in those sections as pensionable service for the purposes of this Part shall be deemed to end one year from the day on which written notice is sent by or on behalf of the Minister to that contributor informing him that he has become a contributor under this Part.

R.S., c. P-36, s. 8

Benefits

Definitions, etc.

Marginal note: Definitions

10 (1) For the purposes of this Part, means an annuity computed in accordance with section 11; ( pension ) means an amount equal to one month’s pay for each year of pensionable service computed on the basis of the rate of salary authorized to be paid to the contributor

(a) at the time he or she ceases to contribute to the Public Service Pension Fund, or
(b) in the case of a contributor who continues to be employed in the public service after having ceased to contribute to the Public Service Pension Fund under subsection 5(2) or (3), at the time he or she ceases to be employed in the public service,

minus an amount equal to the amount by which

(c) the total amount the contributor would have been required to contribute to the Superannuation Account or the Public Service Pension Fund up to the time he or she ceases to be employed in the public service, other than interest or charges for payments by instalments, in respect of service after 1965, if he or she had contributed on the basis of the rates set out in subsection 5(1) as it read on December 31, 1965,

(d) the total amount the contributor was required to contribute to the Superannuation Account or the Public Service Pension Fund up to the time he or she ceases to be employed in the public service, other than interest or charges for payments by instalments, in respect of service after 1965; ( allocation de cessation en espèces )

means an annuity that becomes payable to the contributor at the time he or she reaches 60 years of age, in the case of a Group 1 contributor described in subsection 12(0.1), or 65 years of age, in the case of a Group 2 contributor described in subsection 12.1(1); ( pension différée )

means an annuity that becomes payable to the contributor immediately on his becoming entitled thereto; ( pension immédiate )

means a person to whom any benefit is or is about to become payable under this Part or out of the Retirement Fund; ( prestataire )

means a return of

(a) the amount paid by the contributor into the Superannuation Account or the Public Service Pension Fund, but not including any amount so paid pursuant to subsection 24(6) of the Royal Canadian Mounted Police Superannuation Act ,
(b) any amount to his or her credit in the Retirement Fund that has been transferred to the Superannuation Account, and
(c) any amount paid by him or her into any other account or fund, together with interest, if any, that has been transferred to the Superannuation Account or the Public Service Pension Fund,

to the extent that the amount remains to his or her credit in the Superannuation Account or the Public Service Pension Fund, together with interest, if any, calculated pursuant to subsection (9); ( remboursement de contributions )

means a lump sum amount, representing the value of the contributor’s pension benefits, as determined in accordance with the regulations. ( valeur de transfert )

(a) if he fails to exercise the option within one year from the time he became so entitled, he shall be deemed to have exercised it in favour of a benefit other than a lump sum payment as described in the definitions “cash termination allowance” and “return of contributions” in subsection (1);
(b) if, without having exercised or been deemed to have exercised the option, he becomes a contributor under the Canadian Forces Superannuation Act or the Royal Canadian Mounted Police Superannuation Act , he shall be deemed to have exercised the option immediately before becoming a contributor under that Act in favour of a benefit other than a lump sum payment as described in the definitions “cash termination allowance” and “return of contributions” in subsection (1); and
(c) if, without having exercised or been deemed to have exercised the option, he or she becomes re-employed in the public service, he or she ceases to be entitled to exercise the option until the time that he or she ceases to be so re-employed, unless before that time he or she becomes a contributor under this Part, in which case the period on which that benefit was based, except any such period specified in clause 6(1)(a)(iii)(C) or (E), shall be counted as pensionable service for the purposes of subsection 6(1).

(a) at the rate of four per cent, compounded annually, for any period before January 1, 1997;
(b) at the rates established in the regulations made under paragraph 44(1)(c), compounded quarterly, for any period on or after January 1, 1997 and before April 1, 2000; and
(c) at the rates established in the regulations made under paragraph 42.1(1)(v.3), compounded quarterly, for any period beginning on or after April 1, 2000.

(a) a benefit under this Part or Part III is not capable of being assigned, charged, anticipated or given as security and any transaction that purports to assign, charge, anticipate or give as security any such benefit is void;
(b) a benefit to which a contributor, survivor or child is entitled under this Part or Part III is not capable of being surrendered or commuted during the lifetime of that person except under subsection (4), section 13.01 and subsection 25(5) and any transaction that purports to so surrender or commute any such benefit is null and void; and
(c) a benefit under this Part or Part III is exempt from attachment, seizure and execution, either at law or in equity.

R.S., 1985, c. P-36, s. 10
1992, c. 46, s. 7
1996, c. 18, s. 25
1999, c. 34, s. 62
2003, c. 22, s. 225(E)
2012, c. 31, s. 479

Annuities: How Computed

Marginal note: Computation of annuities

11 (1) The amount of any annuity to which a contributor may become entitled under this Part is an amount equal to the aggregate of

(a) an amount equal to

(i) the number of years of pensionable service to the credit of the contributor occurring in the period preceding the day on which this subsection comes into force, not exceeding thirty-five, divided by fifty,

(ii) the average annual salary received by the contributor during any five-year period of pensionable service selected by or on behalf of the contributor, or during any period so selected consisting of consecutive periods of pensionable service totalling five years, or
(iii) in the case of a contributor who has to the contributor’s credit less than five years of pensionable service, the average annual salary received by the contributor during the period of pensionable service to the contributor’s credit; and

(i) the number of years of pensionable service to the credit of the contributor occurring in the period on and after the day on which this subsection comes into force, not exceeding thirty-five years less the number of years of pensionable service to the credit of the contributor under subparagraph (a)(i), divided by fifty,

multiplied by the lesser of

(ii) the average annual salary received by the contributor during the period referred to in subparagraph (a)(ii) or (iii), as applicable, and
(iii) the annual rate of salary that is fixed by the regulations made under paragraph 42.1(1)(a), or that may be determined in the manner prescribed by those regulations, and in force on the day on which the contributor most recently ceased to be employed in the public service.

(a) has not reached the age of sixty-five years, and
(b) has not become entitled to a disability pension payable under paragraph 44(1)(b) of the Canada Pension Plan or a provision of a provincial pension plan similar to the Canada Pension Plan ,

there shall be deducted from the amount of any annuity to which that contributor is entitled under this Part an amount equal to the percentage, as set out in subsection (2.1), of

(c) the average annual salary received by the contributor during the period of pensionable service described in subsection (1) applicable to him or her, not exceeding his or her Average Maximum Pensionable Earnings,

(d) the number of years of pensionable service after 1965 to the credit of the contributor, not exceeding thirty-five, divided by fifty.

(a) 35%, if the contributor was born before 1943;
(b) 34.25%, if the contributor was born in 1943;
(c) 33.5%, if the contributor was born in 1944;
(d) 32.75% if the contributor was born in 1945;
(e) 32%, if the contributor was born in 1946; and
(f) 31.25%, if the contributor was born after 1946.

(a) ceased to be employed in the public service, or
(b) becomes entitled to receive a retirement pension under the Canada Pension Plan or a provincial plan similar thereto,

whichever is the earlier, and for each of the four preceding years; ( moyenne des maximums des gains ouvrant droit à pension )

has the same meaning as in the Canada Pension Plan . ( maximum des gains annuels ouvrant droit à pension )

(a) the amount of the annuity, together with such amount as is determined in accordance with the regulations to be the amount of any retirement or disability pension to which that person is entitled under the Canada Pension Plan or a provincial pension plan or, in the case of a retirement pension, to which he would be entitled thereunder, if he applied therefor and it had not been commuted, that is attributable to contributions made thereunder in respect of his employment in the public service,

(b) the amount of the annuity to which he would have been entitled under this Part if no deduction was made as required under subsection (2),

the amount of the annuity payable to him under this Part shall, on application therefor by him in the manner prescribed by the regulations, be increased by the amount of the difference effective from such day as is determined in accordance with the regulations.

(a) a person who has to his credit pensionable service that includes any period of service in the forces specified in clause 6(1)(a)(iii)(B) is deemed to have received during that period such salary as was authorized as payable to him from time to time;

(b) a person who has to his credit pensionable service that includes a period

(i) during which that person, having been employed in the public service immediately prior to his enlistment in the forces, was on active service in the forces during World War I, not having been a civil servant within the meaning of the Superannuation Act , or was on active service in the forces during World War II, not having been a contributor under Part I of that Act, or
(ii) during which that person, having been a contributor under Part I of the Superannuation Act immediately prior to his enlistment in the forces and having resigned to enlist, was on active service in the forces during World War II,

is deemed to have received, during that period in World War I or World War II, a salary at a rate equal to the rate of salary authorized to be paid to him immediately prior to his enlistment, except that in the case of a person who was employed in the public service immediately prior to his enlistment in the forces during one of those wars but was not so employed immediately prior to his enlistment in the forces during the other war, the rate of salary that is deemed to have been received by that person during the period in which he was on active service in the forces during the other war is the initial rate of salary authorized to be paid to him on subsequently becoming employed in the public service;

(i) during which that person was on active service in the forces during World War I or World War II, not having been employed in the public service immediately prior to his enlistment or, in the case of a person who elected after January 1, 1954 to pay for that period, not having been employed in the public service on a full-time basis immediately prior to his enlistment,
(ii) during which that person was engaged in pensionable employment, or
(iii) of service of a kind described in clause 6(1)(b)(iii)(C), (D) or (E),

is deemed to have received during that period a salary at a rate equal to the initial rate of salary authorized to be paid to him on subsequently becoming employed in the public service;

R.S., 1985, c. P-36, s. 11
1992, c. 46, s. 8
1996, c. 18, s. 26
1999, c. 26, s. 15, c. 34, s. 63
2003, c. 22, s. 225(E)
2006, c. 4, s. 205
2012, c. 31, s. 480

Group 1 Contributors with Less than Two Years of Pensionable Service

Marginal note: Group 1 contributors

12 (0.1) For the purposes of this section, a Group 1 contributor is

(a) a person employed in the public service who was required to contribute under section 5 on December 31, 2012 and who has continued to be required to contribute under that section without interruption since that date;
(b) a person employed in the public service who commenced being so employed before January 1, 2013, who has continued to be so employed, without interruption, since that date and who, having been required to contribute under section 5 before January 1, 2013, has before, on or after that date ceased or ceases to be required to do so and since the cessation has not been required to contribute under that section;
(c) a person employed in the public service who commenced being so employed before January 1, 2013, who has continued to be so employed, without interruption, since that date, who was not required to contribute under section 5 before that date by reason only of paragraph 5(1)(f) and who is required to contribute under section 5 on or after that date;

(d) a person employed in the public service who was required to contribute under section 5 before January 1, 2013, who ceased or ceases to be required to contribute before, on or after that date, who is again required to contribute under that section on or after that date, and who

(i) has been employed in the public service without interruption since the cessation, or
(ii) immediately before again being required to contribute, was receiving or entitled to receive an annual allowance, a deferred annuity or an immediate annuity under this section or section 13;

(a) if the contributor ceases to be employed in the public service, having reached sixty years of age, or ceases to be employed in the public service by reason of having become disabled, he or she is entitled, at his or her option, to

(i) an immediate annuity, or
(ii) either a cash termination allowance or a return of contributions, whichever is the greater;

(i) a deferred annuity,
(ii) a return of contributions, or
(iii) an annual allowance calculated and payable in the manner set out in clause 13(1)(c)(ii)(D); and

(a) having been a contributor under Part I of the Superannuation Act immediately prior to January 1, 1954 and having been employed in the public service substantially without interruption thereafter, has to the contributor’s credit less than two years of pensionable service;
(b) having to the contributor’s credit more than thirty-three years of service giving rise to a superannuation or pension benefit of a kind described in subsection 5(5), has to the contributor’s credit less than two years of pensionable service;
(c) having had to the contributor’s credit more than two years of pensionable service, has, on ceasing to be employed in the public service in order to become employed by an approved employer, less than two years of pensionable service remaining to the contributor’s credit for which no further contributions are required and that the contributor is unable to count as pensionable service for the purposes of the superannuation or pension fund or plan of that approved employer; or
(d) having had to the contributor’s credit more than two years of pensionable service, has, on ceasing to be employed in the public service in order to become a member of the regular force or of the Force, less than two years of pensionable service remaining to the contributor’s credit that the contributor is unable to count as pensionable service for the purposes of the Canadian Forces Superannuation Act or the Royal Canadian Mounted Police Superannuation Act .

(a) in the case of the survivor, an immediate annual allowance equal to the basic allowance, and
(b) in the case of each child, an immediate annual allowance equal to one-fifth of the basic allowance or, if the contributor died without leaving a survivor, the survivor is dead or the survivor is not entitled to receive an allowance under this Part, other than an immediate annual allowance under section 13.1, two-fifths of the basic allowance,

but the total amount of the allowances paid under paragraph (b) shall not exceed four-fifths of the basic allowance or, if the contributor died without leaving a survivor, the survivor is dead or the survivor is not entitled to receive an allowance under this Part, other than an immediate annual allowance under section 13.1, eight-fifths of the basic allowance.

(a) is less than eighteen years of age; or
(b) is eighteen or more years of age but less than twenty-five years of age, and is in full-time attendance at a school or university, having been in such attendance substantially without interruption since the child reached eighteen years of age or the contributor died, whichever occurred later.

R.S., 1985, c. P-36, s. 12
1989, c. 6, s. 2
1992, c. 46, s. 9
1996, c. 18, s. 28
1999, c. 34, s. 64
2003, c. 22, s. 225(E), c. 26, s. 50
2012, c. 31, s. 482

Group 2 Contributors with Less than Two Years of Pensionable Service

Marginal note: Group 2 contributors

12.1 (1) In this section, a Group 2 contributor is any contributor other than a Group 1 contributor described in subsection 12(0.1).

Marginal note: Group 2 contributors with less than two years of pensionable service (2) The following provisions are applicable in respect of any contributor described in subsection (3):

(a) if the contributor ceases to be employed in the public service, having reached 65 years of age, or ceases to be employed in the public service by reason of having become disabled, he or she is entitled, at his or her option, to

(i) an immediate annuity, or
(ii) either a cash termination allowance or a return of contributions, whichever is the greater;

(i) a deferred annuity,
(ii) a return of contributions, or
(iii) an annual allowance calculated and payable in the manner set out in clause 13.001(1)(c)(ii)(D); and

(a) having to his or her credit more than 33 years of service giving rise to a superannuation or pension benefit of a kind described in subsection 5(5), has to his or her credit less than two years of pensionable service; or
(b) having had to his or her credit more than two years of pensionable service, has, on ceasing to be employed in the public service in order to become a member of the regular force or of the Force, less than two years of pensionable service remaining to his or her credit that he or she is unable to count as pensionable service for the purposes of the Canadian Forces Superannuation Act or the Royal Canadian Mounted Police Superannuation Act .

(a) in the case of the survivor, an immediate annual allowance equal to the basic allowance; and
(b) in the case of each child, an immediate annual allowance equal to 1/5 of the basic allowance or, if the contributor died without leaving a survivor, the survivor is dead or the survivor is not entitled to receive an allowance under this Part, other than an immediate annual allowance under section 13.1, 2/5 of the basic allowance.

However, the total amount of the allowances paid under paragraph (b) shall not exceed 4/5 of the basic allowance or, if the contributor died without leaving a survivor, the survivor is dead or the survivor is not entitled to receive an allowance under this Part, other than an immediate annual allowance under section 13.1, 8/5 of the basic allowance.

(a) is less than 18 years of age; or
(b) is 18 or more years of age but less than 25 years of age, and is in full-time attendance at a school or university, having been in such attendance substantially without interruption since the child reached 18 years of age or the contributor died, whichever occurred later.

2012, c. 31, s. 483

Group 1 Contributors with Two or More Years of Pensionable Service

Marginal note: Group 1 contributors with two or more years of pensionable service

13 (1) The following provisions are applicable in respect of any Group 1 contributor described in subsection 12(0.1) who has to his or her credit two or more years of pensionable service:

(a) if the contributor ceases to be employed in the public service, having reached sixty years of age, the contributor is entitled to an immediate annuity;
(b) if the contributor ceases to be employed in the public service, not having reached sixty years of age, by reason of having become disabled, the contributor is entitled to an immediate annuity;

(c) if he or she ceases to be employed in the public service, not having reached sixty years of age, for any reason other than disability, he or she is entitled to,

(i) if at the time he or she ceases to be so employed he or she has reached fifty-five years of age and has to his or her credit not less than thirty years of pensionable service, an immediate annuity, or

(ii) in any other case, at his or her option

(A) a deferred annuity,

(B) if at the time he or she ceases to be so employed he or she has reached fifty years of age and has to his or her credit not less than twenty-five years of pensionable service, an annual allowance, payable immediately on his or her exercising his or her option, equal to the amount of the deferred annuity referred to in clause (A) reduced by the product obtained by multiplying five per cent of the amount of that annuity by

(I) fifty-five minus his or her age in years, to the nearest one-tenth of a year, at the time he or she exercises his or her option, or
(II) thirty minus the number of years, to the nearest one-tenth of a year, of pensionable service to his or her credit,

whichever is the greater,

(I) five per cent of the amount of that annuity

(II) thirty minus the number of years, to the nearest one-tenth of a year, of pensionable service to his or her credit,

except that in any such case the whole or any part of the reduction provided for by this clause may be waived by the Treasury Board, or

(I) immediately on his or her exercising his or her option, in the case of a contributor fifty or more years of age, or
(II) on his or her reaching fifty years of age, in the case of a contributor who exercises his or her option when he or she is less than fifty years of age,

which allowance shall be equal to the amount of the deferred annuity referred to in clause (A) reduced by the product obtained by multiplying

(III) five per cent of the amount of that annuity

(IV) sixty minus his or her age in years, to the nearest one-tenth of a year, at the time the allowance becomes payable; and

(i) a deferred annuity, he ceases to be entitled to that deferred annuity and becomes entitled to an immediate annuity, or
(ii) an annual allowance, he ceases to be entitled to that annual allowance and becomes entitled to an immediate annuity, which shall be adjusted in accordance with the regulations to take into account the amount of the annual allowance he has received.

(a) as a member of the regular force or as a member of the Force, or
(b) with an approved employer with whom the Minister has entered into an agreement pursuant to section 40 or an eligible employer with whom the Minister has entered into an agreement pursuant to section 40.2, that the contributor is, pursuant to the agreement, entitled to count as pensionable service for the purposes of this Part,

that is within a period of two years immediately before the contributor’s retirement from the public service.

R.S., 1985, c. P-36, s. 13
1996, c. 18, s. 30
1999, c. 34, s. 65
2003, c. 22, s. 225(E)
2012, c. 31, s. 485

Group 2 Contributors with Two or More Years of Pensionable Service

Marginal note: Group 2 contributors with two or more years of pensionable service

13.001 (1) The following provisions are applicable in respect of any Group 2 contributor described in subsection 12.1(1) who has to his or her credit two or more years of pensionable service:

(a) if the contributor ceases to be employed in the public service, having reached 65 years of age, he or she is entitled to an immediate annuity;
(b) if the contributor ceases to be employed in the public service, not having reached 65 years of age, by reason of having become disabled, he or she is entitled to an immediate annuity;

(c) if the contributor ceases to be employed in the public service, not having reached 65 years of age, for any reason other than disability, he or she is entitled to

(i) if at the time he or she ceases to be so employed, he or she has reached 60 years of age and has to his or her credit not less than 30 years of pensionable service, an immediate annuity, or

(ii) in any other case, at his or her option,

(A) a deferred annuity,

(B) if at the time he or she ceases to be so employed, he or she has reached 55 years of age and has to his or her credit not less than 25 years of pensionable service, an annual allowance, payable immediately on his or her exercising his or her option, equal to the amount of the deferred annuity referred to in clause (A) reduced by the product obtained by multiplying 5% of the amount of that annuity by

(I) 60 minus his or her age in years, to the nearest 1/10 of a year, at the time he or she exercises his or her option, or
(II) 30 minus the number of years, to the nearest 1/10 of a year, of pensionable service to his or her credit,

whichever is the greater,

(I) 5% of the amount of that annuity

(II) 30 minus the number of years, to the nearest 1/10 of a year, of pensionable service to his or her credit,

except that in any such case the whole or any part of the reduction provided for by this clause may be waived by the Treasury Board, or

(I) immediately on his or her exercising his or her option, in the case of a contributor 55 or more years of age, or
(II) on his or her reaching 55 years of age, in the case of a contributor who exercises his or her option when he or she is less than 55 years of age,

which allowance shall be equal to the amount of the deferred annuity referred to in clause (A) reduced by the product obtained by multiplying

(III) 5% of the amount of that annuity

(IV) 65 minus his or her age in years, to the nearest 1/10 of a year, at the time the allowance becomes payable; and

(i) a deferred annuity, he or she ceases to be entitled to that deferred annuity and becomes entitled to an immediate annuity, or
(ii) an annual allowance, he or she ceases to be entitled to that annual allowance and becomes entitled to an immediate annuity, which shall be adjusted in accordance with the regulations to take into account the amount of the annual allowance he or she has received.

(a) as a member of the regular force or as a member of the Force; or
(b) with an eligible employer with whom the Minister has entered into an agreement under section 40.2, that the contributor is, in accordance with the agreement, entitled to count as pensionable service for the purposes of this Part,

that is within a period of two years immediately before his or her retirement from the public service.

2012, c. 31, s. 486

Group 1 and Group 2 Contributors with Two or More Years of Pensionable Service

Marginal note: Transfer value

13.01 (1) Despite any other provision of this Act, except subsections 40(7) and 40.2(6), but subject to the regulations, a contributor who has ceased to be employed in the public service and is not entitled to an immediate annuity and has to the contributor’s credit two or more years of pensionable service is entitled, in the place of any other benefit under this Act to which the contributor would otherwise be entitled in respect of that period of pensionable service, to a transfer value that is payable to the contributor in accordance with subsection (2).

Marginal note: Where transferred (2) The payment of a transfer value to which a contributor may be entitled pursuant to subsection (1) is effected by transferring it to, at the direction of the contributor,

(a) a pension plan selected by the contributor that is registered under the Income Tax Act , if that pension plan so permits;
(b) a retirement savings plan or fund for the contributor that is of the prescribed kind; or
(c) a financial institution authorized to sell immediate or deferred life annuities of the prescribed kind, for the purchase from that financial institution of such an annuity for the contributor.

1996, c. 18, s. 31
2003, c. 22, s. 225(E), c. 26, ss. 51, 70

Marginal note: Return of contributions where previous transfer value

13.02 Where a contributor is entitled to a return of contributions in respect of a period of service described in clause 6(1)(b)(iii)(M) for which the contributor has made an election, the return of contributions in respect of that service shall be paid in accordance with subsection 13.01(2).

1996, c. 18, s. 31

Marginal note: Return of contributions where payment by previous employer

13.03 (1) Where a contributor is entitled to a return of contributions and the pensionable service to the contributor’s credit includes a period in respect of which

(a) a payment has been made into the Superannuation Account or the Public Service Pension Fund pursuant to an agreement entered into under section 40 or 40.2, and
(b) at the time the payment was made, the Pension Benefits Standards Act, 1985 or a provincial law within the meaning of subsection 40(10) required the locking-in of contributions,

the return of contributions in respect of that period shall be paid in accordance with subsection 13.01(2).

1996, c. 18, s. 31
1999, c. 34, s. 66

Marginal note: Election for contributors

13.1 (1) If the person to whom a contributor is married or with whom he or she is cohabiting in a relationship of a conjugal nature, having so cohabited for a period of at least one year, would not be entitled to an immediate annual allowance under any other provision of this Part in the event of the contributor’s death, the contributor may elect, in accordance with the regulations, to reduce the amount of the annuity or annual allowance to which the contributor is entitled in order that the person could become entitled to an immediate annual allowance under subsection (2).
Marginal note: Payment (2) A person referred to in subsection (1) is entitled to an immediate annual allowance in an amount determined in accordance with the election and the regulations if the contributor dies and the election is not revoked or deemed to have been revoked, and the person was married to the contributor at the time of the contributor’s death, or was cohabiting with the contributor in a relationship of a conjugal nature for a period of at least one year immediately before the contributor’s death.
Marginal note: No entitlement (3) A person who is entitled to receive an annual allowance under section 25 after the contributor’s death is not entitled to an immediate annual allowance under subsection (2) in respect of that contributor.

1992, c. 46, s. 10
1999, c. 34, s. 67
2000, c. 12, s. 275
2003, c. 22, s. 225(E)

14 [Repealed, 1992, c. 46, s. 11]

Air Traffic Controllers

Marginal note: Definitions

15 In sections 16 to 24,

means a contributor who is or was licensed as an air traffic controller pursuant to regulations made under paragraph 8(1)(a) of the Aeronautics Act ; ( contrôleur de la circulation aérienne )

means service of a kind designated in the regulations made under paragraph 42(1)(rr) to be operational service and includes such periods of time spent away from such service as are specified under those regulations. ( service opérationnel )

1980-81-82-83, c. 64, s. 3

Marginal note: Where employment ceases voluntarily

16 (1) Where an air traffic controller employed in operational service on or after April 1, 1976 ceases voluntarily to be employed in that service, the following provisions apply:

(a) if he ceases to be so employed having reached fifty years of age and having to his credit twenty-five years or more of operational service that is pensionable service, he is entitled, at his option on ceasing to be employed in the public service, to an immediate annuity in respect of that service in lieu of any benefit under subsection 13(1) in respect of that service; or

(b) if he ceases to be so employed having reached forty-five years of age and having to his credit twenty years or more of operational service that is pensionable service, he is entitled, at his option on ceasing to be employed in the public service, to an annual allowance in respect of that service in lieu of any benefit under subsection 13(1) in respect of that service, payable immediately on his exercising his option, equal to the amount of the deferred annuity that would be payable under subsection 13(1) in respect of that operational service reduced by the product obtained by multiplying five per cent of the amount of that annuity by the greater of

(i) fifty minus his age in years, to the nearest one-tenth of a year, at the time he exercises his option, and
(ii) twenty-five minus the number of years, to the nearest one-tenth of a year, of that operational service to his credit.

R.S., 1985, c. P-36, s. 16
2003, c. 22, s. 225(E)

Marginal note: When employment ceases otherwise than voluntarily

17 (1) When an air traffic controller employed in operational service on or after April 1, 1976 ceases otherwise than voluntarily to be employed in that service for any reason, the following provisions apply:

(a) if he ceases to be so employed having to his credit twenty years or more of operational service that is pensionable service, he is entitled, at his option on ceasing to be employed in the public service, to an immediate annuity in respect of that service in respect of which he has not exercised an option under subsection (2) in lieu of any benefit under subsection 13(1) in respect of that service; or
(b) if he ceases to be so employed having to his credit ten years or more but less than twenty years of operational service that is pensionable service, he is entitled, at his option on ceasing to be employed in the public service, to an annual allowance in respect of that service in respect of which he has not exercised an option under subsection (2) in lieu of any benefit under subsection 13(1) in respect of that service, payable immediately on his exercising his option, equal to the amount of the deferred annuity that would be payable under subsection 13(1) in respect of that service reduced by the product obtained by multiplying five per cent of the amount of that annuity by twenty minus the number of years, to the nearest one-tenth of a year, of his operational service that is pensionable service, with a maximum reduction of thirty per cent.

R.S., 1985, c. P-36, s. 17
1999, c. 34, s. 68
2003, c. 22, s. 225(E)

Marginal note: Computation of benefit under subsection 13(1)

18 Where a person is entitled to a benefit under subsection 13(1) and exercises an option under section 16 or 17, the number of years of pensionable service to his credit shall, for the purpose of computing the benefit to which he is entitled under subsection 13(1), be deemed to be

(a) the number of years of pensionable service to his credit

(b) the number of years of pensionable service to his credit in respect of which he has exercised an option under section 16 or 17.

1980-81-82-83, c. 64, s. 3

Marginal note: Additional amount to be contributed by air traffic controllers

19 Subject to subsection 5(6), every person employed in operational service and required to contribute to the Public Service Pension Fund under subsection 5(2) is, except in the circumstances described in subsection 5(3), required to contribute to the Public Service Pension Fund by reservation from salary or otherwise, in addition to any other amount required under this Act, 2% of his or her salary.

R.S., 1985, c. P-36, s. 19
1999, c. 34, s. 69
2012, c. 31, s. 487

Marginal note: Contributions for elective service

20 (1) Operational service occurring on or after April 1, 1976 for which an election pursuant to section 6 has been made by a contributor or that may be counted by a contributor as pensionable service pursuant to subsection 40(11) or (11.1) may not be counted as operational service that is pensionable service for the purposes of sections 16 and 17 unless

(a) that election was made prior to June 30, 1981; or
(b) the contributor, at any time after he or she becomes employed in operational service but before he or she ceases to be employed in the public service, further elects to pay to the Superannuation Account or the Public Service Pension Fund in respect of that operational service an amount equal to the amount he or she would have been required to contribute had he or she, during that period, been required to contribute, at the rate of two per cent of his or her salary, together with interest within the meaning of subsection 7(2).

(a) on the most recent occasion on which he became employed in operational service, if he elects under that paragraph within one year after he becomes employed in operational service to pay for that service; or
(b) at the time when he made the election, in any other case.

R.S., 1985, c. P-36, s. 20
1999, c. 34, s. 70
2003, c. 22, s. 225(E)

Marginal note: Option

21 If an air traffic controller is entitled to a benefit under section 16 or subsection 17(1), and if he or she becomes re-employed in the public service without having exercised an option under section 16 or subsection 17(1) and is required to contribute to the Superannuation Account or the Public Service Pension Fund, he or she ceases to be entitled to exercise the option until the time that he or she ceases to be so re-employed.

R.S., 1985, c. P-36, s. 21
1999, c. 34, s. 71
2003, c. 22, s. 225(E)

Marginal note: Option

22 (1) If an air traffic controller who is receiving an annuity or an annual allowance under section 16 or subsection 17(1) or (5) is required to contribute to the Superannuation Account or the Public Service Pension Fund on being re-employed in the public service

(a) in operational service, any right or claim he may have had to the annuity or annual allowance shall forthwith be terminated and the period of service on which that benefit was based shall be counted by that person as pensionable service for the purposes of subsection 6(1); and

(b) in service other than operational service, any right or claim he may have had to the annuity or annual allowance shall forthwith be terminated and

(i) if he elects to retain that benefit, any right or claim that he would have had to that benefit shall be restored to him on ceasing to be so re-employed, or
(ii) if he does not elect to retain that benefit, the period of service on which that benefit was based shall be counted by that person as pensionable service for the purposes of subsection 6(1).

(a) the amount so returned shall not include any amount paid into the Superannuation Account or the Public Service Pension Fund to his or her credit at any time before the time when he or she became so re-employed; and
(b) the benefit referred to in subsection (1) shall be restored to him or her.

R.S., 1985, c. P-36, s. 22
1999, c. 34, s. 72
2003, c. 22, s. 225(E)

Marginal note: Where annual allowance to be adjusted

23 Where an air traffic controller who is receiving an annual allowance payable under section 16 or subsection 17(1) or (5) is subsequently re-employed in the public service, the amount of any annuity or annual allowance to which he may become entitled under this Part on again ceasing to be employed in the public service shall be adjusted in accordance with regulations made under paragraph 42(1)(x) to take into account the amount of any annual allowance he has received.

R.S., 1985, c. P-36, s. 23
2003, c. 22, s. 225(E)

Marginal note: References to certain sections

24 A reference in subsection 10(6) to section 13 shall be read as including a reference to sections 16 and 17 and a reference in subsection 13(2) or (3) to subsection 13(1) shall be read as including a reference to section 16 and subsections 17(1) and (5).

1980-81-82-83, c. 64, s. 3

Correctional Service of Canada

Marginal note: Definition of

24.1 In sections 24.2 to 24.4, means service of a kind designated in the regulations that is carried out in the institution or other premises designated in those regulations in respect of that kind of service, and includes such periods of time spent away from that service as are specified in those regulations.

1992, c. 46, s. 12

Marginal note: Special pension plan

24.2 Any person who is employed in operational service by the Correctional Service of Canada on or after March 18, 1994 and who was required by subsection 5(1.1) or (1.2), as it read on December 31, 2012, to contribute to the Superannuation Account or the Public Service Pension Fund or is required by subsection 5(2) to contribute to the Public Service Pension Fund is entitled, at his or her option on ceasing to be employed in the public service, in respect of the operational service that is pensionable service to his or her credit, to an immediate annuity or annual allowance calculated in the manner prescribed by the regulations, in the circumstances and subject to the terms and conditions prescribed by those regulations, in lieu of any benefit to which that person is otherwise entitled under subsection 13(1) or 13.001(1) in respect of that service.

1992, c. 46, s. 12
1999, c. 34, s. 73
2003, c. 22, s. 225(E)
2012, c. 31, s. 488

Marginal note: Computation of benefit under subsection 13(1) or 13.001(1)

24.3 If a person is entitled to a benefit under subsection 13(1) or 13.001(1), and section 24.2, the number of years of pensionable service to his or her credit is, for the purpose of computing the benefit to which he or she is entitled under subsection 13(1) or 13.001(1), deemed to be

(a) the number of years of pensionable service to his or her credit

(b) the number of years of pensionable service to his or her credit in respect of which he or she is entitled to a benefit under section 24.2.

1992, c. 46, s. 12
2012, c. 31, s. 488

Marginal note: Additional amount to be contributed

24.4 (1) Subject to subsections (2) and 5(6), every person who is employed in operational service by the Correctional Service of Canada on or after March 18, 1994 and who is required by subsection 5(2) to contribute to the Public Service Pension Fund is, except in the circumstances described in subsection 5(3), required to contribute to the Public Service Pension Fund by reservation from salary or otherwise, in addition to any other amount required under this Act, any percentage of his or her salary that is determined by the Treasury Board on the recommendation of the Minister, which recommendation is to be based on actuarial advice.
Marginal note: Exception (2) Subsection (1) does not apply to any person who is a member of a class of persons prescribed by the regulations.

1992, c. 46, s. 12
1999, c. 34, s. 74
2012, c. 31, s. 489

Marginal note: References to certain sections

24.5 A reference in subsection 10(6) to a benefit specified at the contributor’s option under section 13 or 13.001 shall be read as including a reference to an immediate annuity or annual allowance at the contributor’s option under section 24.2, and a reference in subsection 13(2) or (3) or 13.001(2) or (3) to the immediate annuity, deferred annuity or annual allowance to which the contributor was entitled under subsection 13(1) or 13.001(1) shall be read as including a reference to the contributor’s entitlement to an immediate annuity or annual allowance under section 24.2.

1992, c. 46, s. 12
2012, c. 31, s. 490

Marginal note: When annuity or annual allowance to be adjusted

24.6 If a person who was employed in operational service by the Correctional Service of Canada and who is receiving an annual allowance payable under section 24.2 is subsequently re-employed in the public service, the amount of any annuity or annual allowance to which he or she may become entitled under this Part on again ceasing to be employed in the public service shall be adjusted in accordance with regulations made under paragraph 42(1)(x.1) to take into account the amount of any annual allowance that he or she has received.

2012, c. 31, s. 490

Payments to Survivors, Children and Other Beneficiaries

Marginal note: Lump sum payments

25 (1) Where, in this Part, it is provided that the survivor and children of a contributor are entitled jointly to a return of contributions, the total amount of the return shall be paid to the survivor except that

(a) if at the time of the death of the contributor all of the children were eighteen years of age or over and at the time the payment is to be made the survivor is dead or cannot be found, the total amount shall be paid to the children in equal shares;
(b) if at the time of the death of the contributor any of the children were less than eighteen years of age, and the contributor died without leaving a survivor or at the time the payment is to be made the survivor is dead or cannot be found, the total amount shall be paid to the children in the shares that the Minister considers equitable and proper under the circumstances, or to any of them, as the Minister may direct;
(c) if any of the children who were less than eighteen years of age at the time of the death of the contributor are living apart from the survivor at the time the payment is to be made, the total amount shall be paid to the survivor and the children so living apart in the shares that the Minister considers equitable and proper under the circumstances, or to the survivor or any of the children so living apart, as the Minister may direct; and

(d) if the contributor died without leaving any children and at the time the payment is to be made the survivor is dead or cannot be found, or if the contributor died without leaving a survivor and at the time the payment is to be made all of the children are dead or cannot be found, the total amount shall be paid

(i) if the contributor named his or her estate or succession as beneficiary or named another beneficiary under Part II and the beneficiary survives the contributor, to the beneficiary, and
(ii) in any other case, to the estate or succession of the contributor or, if less than one thousand dollars, as the Minister may direct.

(a) an increase in the allowance payable to a child under paragraph 12(4)(b) or 12.1(5)(b); or
(b) a benefit being paid under section 27.

(a) the survivor referred to in paragraph (a) of the definition “survivor” in subsection 3(1) is entitled to receive the proportion of the annual allowance that the total of the number of years that he or she cohabited with the contributor while married to the contributor and the number of years that he or she cohabited with the contributor in a relationship of a conjugal nature bears to the total number of years that the contributor so cohabited with the survivors; and
(b) the survivor referred to in paragraph (b) of that definition is entitled to receive the proportion of the annual allowance that the number of years that he or she cohabited with the contributor in a relationship of a conjugal nature bears to the total number of years that the contributor cohabited with the survivors, either while married or while in a relationship of a conjugal nature.

R.S., 1985, c. P-36, s. 25
1989, c. 6, s. 3
1992, c. 46, s. 13
1999, c. 34, s. 75
2012, c. 31, s. 491

Marginal note: Marriage, etc. after retirement

26 (1) Subject to section 13.1 but notwithstanding any other provision of this Part, the survivor of a contributor is not entitled to an annual allowance in respect of the contributor under this Part if that contributor married the survivor or began to cohabit with the survivor in a relationship of a conjugal nature after having become entitled under this Part to an annuity or annual allowance, unless, after the marriage, or after the beginning of the period of cohabitation, the contributor became or continued to be a contributor under this Part.
Marginal note: Child born, etc., after retirement (2) Notwithstanding anything in this Part, except as provided in the regulations, a child who is born to or adopted by a contributor or who becomes the stepchild of a contributor after that contributor ceases to be employed in the public service is not entitled to an allowance under this Part.
Marginal note: Death within one year after marriage (3) Notwithstanding anything in this Part, when a contributor dies within one year after marriage, no annual allowance is payable to the survivor of the contributor or the children of that marriage unless it is established to the satisfaction of the Minister that the contributor was at the time of the marriage in such a condition of health as to justify the contributor in having an expectation of surviving for at least one year after the marriage.
(4) [Repealed, 1989, c. 6, s. 4]
Marginal note: Saving provision (5) Nothing in this section prejudices any right that a child of an earlier marriage of the contributor has to an allowance under any of sections 12 to 13.001.

Marginal note: Transitional (6) Notwithstanding anything in this Act, no person is entitled to an allowance under this Part by virtue of being the survivor of a female contributor unless the contributor, on or after December 20, 1975 but before January 1, 2000, was

(a) employed in the public service; and
(b) required by subsection 5(1) to contribute to the Superannuation Account.

Section 2 does not apply in respect of this subsection.

(a) employed in the public service; and
(b) required by subsection 5(1.1) or (1.2), as it read on December 31, 2012, or by subsection 5(2) to contribute to the Superannuation Account or the Public Service Pension Fund.

Section 2 does not apply in respect of this subsection.

R.S., 1985, c. P-36, s. 26
1989, c. 6, s. 4
1992, c. 46, s. 14
1999, c. 34, s. 76
2003, c. 22, s. 225(E)
2012, c. 31, s. 492

26.1 [Repealed, 1999, c. 34, s. 77]

Minimum Benefits

Marginal note: Minimum benefits

27 (1) This subsection applies to

(a) a contributor who was not required to contribute to the Superannuation Account under subsection 5(1) in the period that began on or after December 20, 1975 and that ended on December 31, 1999;
(b) a contributor who was not required to contribute to the Superannuation Account or the Public Service Pension Fund under subsection 5(1.1) or (1.2), as it read on December 31, 2012, in the period that began on or after January 1, 2000 and that ended on December 31, 2012; and
(c) a contributor who was not required to contribute to the Public Service Pension Fund under subsection 5(2).

If, on the death of such a contributor, there is no person to whom an allowance provided in this Part may be paid, or if the persons to whom that allowance may be paid die or cease to be entitled to that allowance and no other amount may be paid to them under this Part, any amount by which the amount of a return of contributions exceeds the aggregate of all amounts paid to those persons and to the contributor under this Part and the Superannuation Act shall be paid, as a death benefit, to the contributor’s estate or succession or, if less than $1,000, as the Minister may direct.

(a) the greater of

(i) the amount of a return of contributions, and
(ii) an amount equal to five times the annuity to which the contributor was or would have been at the time of his death entitled, determined in accordance with subsection 11(1),

(b) the aggregate of all amounts paid to those persons and to the contributor under this Part and the Superannuation Act

shall be paid, as a death benefit,

(c) if the contributor named his estate as his beneficiary or named another beneficiary under Part II and the beneficiary survives the contributor, to the beneficiary, and
(d) in any other case, to the estate of the contributor or, if less than one thousand dollars, as the Minister may direct.

R.S., 1985, c. P-36, s. 27
1999, c. 34, s. 78
2012, c. 31, s. 493

Disability Payments

Marginal note: Disability payments

28 Where a contributor who

(a) is less than 60 years of age, in the case of a Group 1 contributor described in subsection 12(0.1), or is less than 65 years of age, in the case of a Group 2 contributor described in subsection 12.1(1), and
(b) is in receipt of an annuity payable under this Part in respect of a disability previously incurred by him,

is certified, in accordance with the regulations, to have regained his health or to be capable of performing the duties of his former position in the public service or any other position in the public service commensurate with his qualifications, he ceases to be entitled to that annuity and thereupon is entitled to a deferred annuity.

R.S., 1985, c. P-36, s. 28
2003, c. 22, s. 225(E)
2012, c. 31, s. 494

Persons Re-employed

Marginal note: Persons re-employed

29 If a person who is entitled, under any of subsections 12(1), 12.1(2), 13(1) or 13.001(1) or any regulations made for the purposes of section 24.2, to an annuity or an annual allowance is re-employed in the public service and becomes a contributor under this Part, whatever right or claim that he or she may have to the annuity or annual allowance shall be terminated without delay, but the period of service on which the benefit was based, except any period specified in clause 6(1)(a)(iii)(C) or (E), may be counted by that person as pensionable service for the purposes of subsection 6(1), except that if that person, on ceasing to be so re-employed, exercises his or her option under this Part in favour of a return of contributions, or is not entitled under this Part to any benefit other than a return of contributions, the amount so returned shall not include any amount paid into the Superannuation Account or the Public Service Pension Fund to his or her credit at any time before the time when he or she became re-employed, but whatever right or claim that, but for this section, he or she would have had to the annuity or annual allowance on ceasing to be so re-employed shall then be restored to him or her.

R.S., 1985, c. P-36, s. 29
1992, c. 46, s. 15
1999, c. 34, s. 79
2003, c. 22, s. 225(E)
2012, c. 31, s. 495

Marginal note: Failure to apply for re-employment

30 Where, in any Act of Parliament, it is provided that a contributor who leaves the public service for employment outside of it continues to be a contributor under this Part during that employment and is eligible, in the event of being retired from that employment, to be re-employed in the public service, if the contributor, having been retired from that employment but not having reached sixty years of age and not being disabled, fails to apply for re-employment in the public service or refuses to accept a position in the public service that, in the opinion of the Minister, is commensurate with his or her qualifications, he or she is deemed to have ceased to be employed in the public service, not having reached sixty years of age, for a reason other than disability.

R.S., 1985, c. P-36, s. 30
1999, c. 34, s. 80
2003, c. 22, s. 225(E)

Medical Examinations

Marginal note: Medical examination requirements

31 (1) Subject to subsection (3) but notwithstanding anything else in this Part, any election made by a person who becomes a contributor under this Part

(a) not having been a contributor under Part I of the Superannuation Act immediately prior to January 1, 1954, and
(b) not having been employed in the public service, or in the public service and as a member of the regular force or of the Force, substantially without interruption for a period of five years immediately prior to the making of the election,

is void, in so far as it is an election to pay for any period of service prior to becoming a contributor, except any period immediately prior to becoming a contributor during which he was employed in the public service, unless the person by whom the election is made has been medically examined, as prescribed in the regulations.

(a) to pay for any period of service described in clause 6(1)(b)(iii)(K) or (L),
(b) under paragraph 20(1)(b), in the case of an election made after one year after the person by whom the election is made becomes employed in operational service, or
(c) under subsection 39(6),

is void unless the person by whom the election is made has passed a medical examination, as prescribed in the regulations, within such time immediately before or after the making of the election as is prescribed in the regulations.

R.S., 1985, c. P-36, s. 31
1992, c. 46, s. 16
1999, c. 34, s. 81
2003, c. 22, s. 225(E)

Diversion of Amounts Payable in Certain Cases

Marginal note: Diversion of payments to satisfy financial support order

32 (1) When any court in Canada of competent jurisdiction has made an order requiring a recipient to pay financial support, amounts payable to the recipient under this Part or Part III are subject to being diverted to the person named in the order in accordance with Part II of the Garnishment, Attachment and Pension Diversion Act .
Marginal note: Where recipient unable to manage own affairs (2) Where, for any reason, a recipient is unable to manage the recipient’s own affairs, or where the recipient is incapable of managing the recipient’s own affairs and there is no person entitled by law to act as the recipient’s committee, the Receiver General may pay to any person designated by the Minister to receive payment on behalf of the recipient any amount that is payable to the recipient under this Part or Part III.
Marginal note: Payment deemed to be to recipient (3) For the purposes of this Part and Part III, any payment made by the Receiver General pursuant to subsection (1) or (2) is deemed to be a payment to the recipient in respect of whom the payment is made.
(4) [Repealed, 2000, c. 12, s. 276]

R.S., 1985, c. P-36, s. 32
1992, c. 46, s. 17
1999, c. 34, s. 82
2000, c. 12, s. 276

Presumption of Death

Marginal note: Presumption of death

33 (1) Where a contributor or a recipient has, either before or after the coming into force of this subsection, disappeared under circumstances that, in the opinion of the Minister, raise beyond a reasonable doubt a presumption that the contributor or recipient is dead, the Minister may determine the date for the purposes of this Act on which that person’s death is presumed to have occurred, and thereupon that person is deemed for all purposes of this Act to have died on that date.
Marginal note: Change of date (2) If, after the date of a person’s death is determined by the Minister under subsection (1), new information or evidence is received by the Minister that the date of death is different, the Minister may determine a different date of death, in which case the person is deemed for all purposes of this Act to have died on that different date.

R.S., 1985, c. P-36, s. 33
1992, c. 46, s. 17

Special Cases

34 [Repealed, 1999, c. 34, s. 83]

Transferred Pensionable Newfoundland Employees

Marginal note: Definitions

35 (1) In this section, means the Civil Service Acts, 1947-1949 of Newfoundland; ( loi de Terre-Neuve ) means pensionable service as defined in the Newfoundland Act ; ( temps passé au service de Terre-Neuve ) means a person who was

(a) an established civil servant, as defined in the Newfoundland Act ,
(b) an employee of the Newfoundland Fisheries Board, or
(c) a civil servant to whom section 41 of the Newfoundland Act applied,

in a service of the Government of Newfoundland that has been taken over by Canada pursuant to the Terms of Union of Newfoundland with Canada and who became an employee of the Government of Canada pursuant to an offer of employment made in accordance with the Terms of Union. ( employé transféré de Terre-Neuve ayant droit à pension )

(a) during either period specified in subparagraph 11(1)(a)(ii), or
(b) during the period of the contributor’s Canadian service and the last three years of the contributor’s Newfoundland service,

whichever period is the shorter.

R.S., 1985, c. P-36, s. 35
1992, c. 46, s. 18
2003, c. 22, s. 225(E)

Diplomatic and Consular Representatives

Marginal note: Diplomatic and consular representatives

36 A person who, being a diplomatic or consular representative of Her Majesty in right of Canada, was a contributor under this Part immediately prior to his appointment, is deemed for the purposes of this Part to be employed in the public service.

R.S., 1985, c. P-36, s. 36
2003, c. 22, s. 225(E)

Public Service Corporations

Marginal note: Definitions

37 (1) In this section, includes an officer or member of a corporation; ( employé ) means any corporation that is an agent of Her Majesty in right of Canada, other than a corporation specified in Part I of Schedule I; ( autre organisme ) means any board, commission or corporation specified in Part I of Schedule I. ( organisme de la fonction publique )
Marginal note: Contributions in respect of employees of corporation (2) If a person is or has been an employee of a Public Service corporation and a contributor under this Part, or an employee of any other corporation and a contributor under this Part by reason of a provision in any Act of Parliament that he or she continues to be a contributor during his or her employment with that corporation, the Public Service corporation or other corporation shall, as required by the Minister, pay into the Superannuation Account or the Public Service Pension Fund, at the time and in the manner determined by the Minister in respect of the contributions of that person to the Superannuation Account or the Public Service Pension Fund in the course of his or her employment with the corporation, and in respect of his or her non-elective or elective service within the meaning of subsection 6(1), the amount that is determined by the Minister in accordance with the regulations.
Marginal note: Contributions — current service (3) If, on the day on which this subsection comes into force, a corporation has not made a contribution under this section with respect to an employee referred to in subsection (2) in respect of his or her current service or with respect to an election made by the person before that day, the contribution, in the amount that the Minister determines, shall be made to the Superannuation Account at the time and in the manner determined by the Minister.
Marginal note: Interest (4) If an amount referred to in subsection (2) or (3) is not paid within the time determined by the Minister, the Minister may require that the corporation pay into the Superannuation Account or the Public Service Pension Fund interest on that amount at the time and in the manner that the Minister may determine.
Marginal note: Information to be provided (5) The corporation shall provide the information relating to the employment, pensionable service, salary and contributions to the Superannuation Account or the Public Service Pension Fund, including reports and assessments respecting the accurate application of this Act, and any other relevant information, that the Minister may require with respect to employees or former employees referred to in subsection (2), at the times and in the manner that the Minister may direct.

R.S., 1985, c. P-36, s. 37
1999, c. 34, s. 84

Corporations declared to form or to have formed part of the Public Service for limited purposes only

Marginal note: Service with corporation included in Part IV of Schedule I

38 (1) Service of a person with a corporation included in Part IV of Schedule I is service in the public service only if that person is not precluded by that Part from contributing to the Superannuation Account or the Public Service Pension Fund in respect of that service or from electing to pay for that service otherwise than as service in pensionable employment immediately before becoming employed in the public service.
Marginal note: Contributions to Superannuation Account and Public Service Pension Fund (2) No person shall, while he or she is employed by a corporation included in Part IV of Schedule I, contribute to the Superannuation Account or the Public Service Pension Fund under section 5 unless he or she is a person who by reason of a provision in any other Act of Parliament continues to be a contributor while employed with that corporation.
Marginal note: Person employed in the public service after December 31, 1953 (3) No person who became employed in the public service after December 31, 1953 may elect to pay for service with a corporation included in Part IV of Schedule I otherwise than as service in pensionable employment immediately before becoming employed in the public service.

R.S., 1985, c. P-36, s. 38
1999, c. 34, s. 85
2003, c. 22, s. 225(E)

Canadian Forces Superannuation Act and Royal Canadian Mounted Police Superannuation Act

Marginal note: Service that may be counted

39 (1) Any person who becomes a contributor under this Part, having been a member of the regular force but not having become entitled to an annuity, annual allowance or pension under the Canadian Forces Superannuation Act , or having been a member of the Force but not having become entitled to an annuity or annual allowance under the Royal Canadian Mounted Police Superannuation Act , is entitled to count as pensionable service, for the purposes of this Part, any period of service that, under the Canadian Forces Superannuation Act or the Royal Canadian Mounted Police Superannuation Act , as the case may be, he was entitled to count for pension purposes, if he elects, within one year of becoming a contributor under this Part, to pay for that service.

Marginal note: Amount to be paid (2) Where a person elects to pay for a period of service under subsection (1), the amount required by this Part to be paid by that person for that service is,

(a) in the case of service for which, by the Canadian Forces Superannuation Act or the Royal Canadian Mounted Police Superannuation Act , as the case may be, he was required to pay, any amount by which

(i) the total amount required by that Act to be paid by him for that service

(ii) the total amount actually paid by him for that service, minus any amount paid to him under that Act at any time before the making of the election,

together with simple interest at four per cent per annum on any amount paid to him under that Act at any time before the making of the election, from the time when the payment was made until the first day of the month in which the election was made;

(i) if that period or any portion of it was before 1966, in the manner and at the rates set out in subsection 5(1) as it read on December 31, 1965, in respect of that service or that portion,
(ii) if that period or any portion of it was after 1965 but before January 1, 2000, in the manner and at the rates set out in subsection 5(1) as it reads on December 31, 1999 in respect of that service or that portion,
(iii) if that period or any portion of it was after 1999 but before January 1, 2004, in the manner and at the rates set out in subsection 5(1.1), as it read on December 31, 2003, in respect of that period or portion,
(iv) if that period or any portion of it was after 2003 but before January 1, 2013, in the manner and at the rates determined under subsection 5(1.2), as it read on December 31, 2012, in respect of that period or portion, and
(v) if that period or any portion of it was after 2012, in the manner set out in subsection 5(2) and at the rates determined by the Treasury Board under that subsection, in respect of that period or portion,

in respect of a salary at a rate equal to the rate authorized to be paid to him or her on the most recent occasion on which he or she became a contributor under this Part, together with interest, as defined in subsection 7(2); and

(i) if that period or any portion of it was before 1966, in the manner and at the rates set out in subsection 5(1) as it read on December 31, 1965, in respect of that service or that portion,
(ii) if that period or any portion of it was after 1965 but before January 1, 2000, in the manner and at the rates set out in subsection 5(1) as it reads on December 31, 1999 in respect of that service or that portion,
(iii) if that period or any portion of it was after 1999 but before January 1, 2004, in the manner and at the rates set out in subsection 5(1.1), as it read on December 31, 2003, in respect of that period or portion,
(iv) if that period or any portion of it was after 2003 but before January 1, 2013, in the manner and at the rates determined under subsection 5(1.2), as it read on December 31, 2012, in respect of that period or portion, and
(v) if that period or any portion of it was after 2012, in the manner set out in subsection 5(2) and at the rates determined by the Treasury Board under that subsection, in respect of that period or portion,

(a) by the Canadian Forces Superannuation Act or the Royal Canadian Mounted Police Superannuation Act , as the case may be, in the case of service of the kind described in paragraph (2)(a), or
(b) by this Part, in the case of service of the kind described in paragraph (2)(b) or (c),

(a) if the election is made before April 1, 2000, credited to the account maintained in the accounts of Canada pursuant to Part I of the Canadian Forces Superannuation Act or pursuant to the Royal Canadian Mounted Police Superannuation Act ; or
(b) if the election is made on or after April 1, 2000, paid into the Canadian Forces Pension Fund within the meaning of the Canadian Forces Superannuation Act or the Royal Canadian Mounted Police Pension Fund within the meaning of the Royal Canadian Mounted Police Superannuation Act , or credited to one of the accounts referred to in paragraph (a), according to the fund or account from which the annuity, annual allowance, pension or supplementary retirement benefit was originally paid.

R.S., 1985, c. P-36, s. 39
1999, c. 34, s. 86
2012, c. 31, s. 496

Reciprocal Transfer Agreements

Marginal note: Definition of

40 (1) In this section, means an employer for the benefit of whose employees there is an established superannuation or pension fund or plan approved by the Minister for the purposes of this Part, and includes the administrator of any such superannuation or pension fund or plan established for those employees.
Marginal note: Authority to enter into agreement (2) The Minister may, with the consent of the Governor in Council and on terms approved by the Treasury Board, enter into an agreement with any approved employer under which, in consideration of the agreement of that employer to pay into the Superannuation Account or the Public Service Pension Fund an amount determined in accordance with the agreement in respect of any employee of that employer who becomes or has become employed in the public service, the Minister will pay to that employer, for the purpose of any superannuation or pension fund or plan established for the benefit of employees of that employer, an amount determined in accordance with subsection (3) or (4) in respect of any contributor who has ceased or ceases to be employed in the public service to become employed by that employer.

Marginal note: Authority to transfer contributions (3) If, before October 15, 2000, a contributor ceases to be employed in the public service to become employed by an approved employer with whom the Minister has entered into an agreement pursuant to subsection (2), the Minister may, subject to subsection (9) and if the agreement so provides, pay to that employer out of the Superannuation Account or the Public Service Pension Fund,

(a) an amount equal to the total amount paid into the Superannuation Account and the Public Service Pension Fund in respect of that employee, except any portion of the amount so paid by Her Majesty in right of Canada;
(b) the amount paid into the Superannuation Account and the Public Service Pension Fund in respect of that employee by Her Majesty in right of Canada that the Minister determines; and
(c) the amount representing interest that the Minister determines.

(a) amounts equal in the aggregate to

(i) the value, actuarially calculated in accordance with and as of the effective date of the agreement, of all benefits accrued under this Part in respect of the pensionable service of the contributor, and
(ii) such amount representing interest as the Minister determines, or

less any amounts previously paid in respect of the contributor under subsection (12).

(a) the amount paid by the Minister to an approved employer pursuant to subsection (3) in respect of an employee,

(b) the amount determined by the Minister as having being paid into the Superannuation Account and the Public Service Pension Fund in respect of that employee and in respect of which that employee is or may become entitled to a benefit under this Part or Part III,

(c) the amount determined by the Minister as being the total amount paid into the Superannuation Account and the Public Service Pension Fund by and in respect of that employee,

the Minister may pay to that employee an amount not exceeding that difference.

(a) that, at the time that person ceased to be employed by an approved employer or the administration of any service in which he or she was employed was transferred to Her Majesty in right of Canada, he or she was entitled to count for the purpose of any superannuation or pension fund or plan established for the benefit of persons employed by that employer or in that service, and
(b) in respect of which the Pension Benefits Standards Act, 1985 or a provincial law required the vesting of benefits or the locking-in of contributions

shall be paid out of the Superannuation Account or the Public Service Pension Fund to an approved employer for the purpose of any superannuation or pension fund or plan established for the benefit of employees of that employer if that fund or plan is not subject to the Pension Benefits Standards Act, 1985 or a provincial law.

R.S., 1985, c. P-36, s. 40
R.S., 1985, c. 32 (2nd Supp.), s. 41
1992, c. 46, s. 19
1996, c. 18, s. 32
1999, c. 34, s. 87
2003, c. 22, s. 225(E)

Divestiture of Service

Marginal note: Divestiture of service

40.1 (1) Where Her Majesty in right of Canada transfers or otherwise divests Herself of the administration of a service to any person or body, this Act and the regulations made under this Act apply, in the manner and to the extent provided in any regulations made under paragraph 42.1(1)(u), to any contributor who, as a result of that transfer or divestiture, ceases to be employed in the public service and who, on or after that transfer or divestiture, becomes, directly or through an agent of that person or body, employed by the person or body to whom the service is transferred or divested.

Marginal note: Transitional coverage (2) Notwithstanding the definition “public service” in subsection 3(1), the Treasury Board may, subject to the terms and conditions that may be prescribed by the regulations made under paragraph 42.1(1)(v.5), including the requirement of the person or body referred to in subsection (1) to pay into the Superannuation Account or the Public Service Pension Fund the amount determined in accordance with those regulations,

(a) direct that the person or body forms part of the public service during such period, not exceeding the period prescribed by the regulations, as is determined by the Treasury Board; and
(b) determine those classes of persons employed by the person or body who are not required to contribute under section 5.

1992, c. 46, s. 20
1996, c. 18, s. 33
1999, c. 34, s. 88
2001, c. 34, s. 79
2003, c. 22, s. 225(E)
2008, c. 28, s. 157

Transfer Agreements

Marginal note: Definition of

40.2 (1) In this section, means an employer for the benefit of whose employees there is a pension plan or retirement savings plan of a class prescribed by regulations made under paragraph 42.1(1)(v.6), and includes the administrator of any such pension plan or retirement savings plan.

Marginal note: Authority to enter into agreement (2) The Minister may, on terms approved by the Treasury Board, enter into an agreement with any eligible employer that

(a) requires the Minister to pay to that employer, for the purpose of any plan referred to in subsection (1), an amount determined in accordance with subsection (3) in respect of any contributor who has ceased or ceases to be employed in the public service and is or becomes employed by that employer; and
(b) may provide that any eligible employer pay into the Superannuation Account or the Public Service Pension Fund an amount determined in accordance with the agreement in respect of any person who has ceased or ceases to be employed by that employer and is or becomes employed in the public service.

(a) out of the Superannuation Account

(i) amounts equal in the aggregate to

(A) an amount not exceeding the value, actuarially calculated in accordance with the agreement, of all benefits accrued under this Part and Part III in respect of the pensionable service to the credit of the contributor before April 1, 2000, and
(B) an amount representing interest on the amount determined in accordance with clause (A) as of the date of payment to the eligible employer that the Minister determines, or

(i) amounts equal in the aggregate to

(A) an amount not exceeding the value, actuarially calculated in accordance with the agreement, of all benefits accrued under this Part and Part III in respect of the pensionable service of the contributor on or after April 1, 2000 or that comes to the credit of the contributor on or after that date, and
(B) an amount representing interest on the amount determined in accordance with clause (A) as of the date of payment to the eligible employer that the Minister determines, or

1996, c. 18, s. 33
1999, c. 34, s. 89
2003, c. 22, s. 225(E)
2012, c. 31, s. 497

Marginal note: Transitional

40.3 (1) No agreement may be entered into under subsection 40(2) on or after the day on which this subsection comes into force.
Marginal note: Deemed termination of certain agreements (2) Any agreement entered into under subsection 40(2) before the day on which subsection (1) comes into force, other than an agreement prescribed by the regulations made under subsection (3), that has not been terminated within the three year period after that day is deemed to be terminated on the expiration of that period.
Marginal note: Regulations (3) The Governor in Council may make regulations prescribing the agreements made under subsection 40(2) that are to be excluded from the application of subsection (2).

1996, c. 18, s. 33

Advisory Committee

Marginal note: Advisory committee established

41 (1) There is established a committee, to be known as the Public Service Pension Advisory Committee, the members of which are appointed by the Governor in Council in accordance with subsection (3), to advise and assist the Minister on matters arising in connection with the operation of this Act in accordance with subsection (2).

Marginal note: Mandate (2) The mandate of the committee is to

(a) review matters respecting the administration, design and funding of the benefits provided under this Act and make recommendations to the Minister about those matters; and
(b) review any other pension-related matters that the Minister may refer to it.

(a) one member appointed from among contributors in receipt of an annuity or an annual allowance under this Act who are nominated for appointment by an association that, in the opinion of the Minister, represents such contributors;
(b) six members appointed from among persons who are nominated for appointment by that portion of the National Joint Council of the Public Service of Canada that represents employees; and
(c) six other members nominated by the Minister.

R.S., 1985, c. P-36, s. 41
1999, c. 34, s. 90

Regulations

Marginal note: Regulations

42 (1) The Governor in Council may make regulations

(a) prescribing the circumstances under which annuities and annual allowances are to be paid otherwise than in equal monthly instalments, and the manner in which they are to be paid in those circumstances;
(b) prescribing the rates at which and the manner in which the interest to be credited to the Superannuation Account in any fiscal year shall be calculated;
(c) designating the kind of service in the forces that, for the purposes of the definition in subsection 3(1), is active service;
(d) prescribing, notwithstanding sections 5 and 19, the rates at which, the manner in which and the circumstances under which persons who are or have been absent from the public service on leave of absence without pay shall contribute to the Superannuation Account or the Public Service Pension Fund in respect of that absence, prescribing the salaries those persons are deemed to have received during that absence and respecting any interest or other charges those persons shall pay into the Account;
(e) deeming, for the purposes of the definition in subsection 3(1), an amount in respect of allowances, special remuneration, payment for overtime or other compensation or gratuity, to be or to have been included in the basic rate of pay of a person;
(f) prescribing the basis of determining the portion that may be counted by a contributor, under subsection 6(1), of any period specified in clause 6(1)(a)(ii)(B), and the basis of determining the amount that is required by subsection 7(1) to be paid by the contributor in respect of the portion of any such period that is not included in the portion thereof determined by the Minister in accordance with the regulations made pursuant to this paragraph;
(g) specifying, notwithstanding subsection 6(1), the circumstances under which the pensionable service of a contributor shall be deemed not to include any period of service specified in clause 6(1)(a)(iii)(C);
(h) specifying the circumstances under which any service prior to becoming employed in the public service or to enlistment in the forces shall be deemed to be service immediately prior thereto;
(i) specifying the international organizations, service with which may be counted by a contributor as elective service, and describing the kinds of civilian war service that may be counted by a contributor as elective service for the purposes of clauses 6(1)(b)(iii)(D) and (E), respectively;
(j) specifying, for the purposes of clause 6(1)(b)(iii)(E), the circumstances under which any period of full-time civilian war service of a contributor shall be deemed to be continuous;
(k) specifying, for the purposes of subsection 5(5) and paragraph 8(2)(a), the kinds of superannuation or pension benefits referred to in those provisions;
(l) prescribing the circumstances under which and the terms and conditions on which an election under this Part may be revoked by any elector, either in whole or in part, and a new election made or deemed to be made thereunder;
(m) prescribing the methods by which and the bases on which the amount of any payment contemplated by subsection 8(4) is to be computed and the circumstances under which any such payment, whether made before, on or after April 1, 1969, may be refunded;
(n) prescribing the bases as to mortality and interest on which the instalment payments referred to in subsection 8(6) are to be computed, the terms on which a contributor may pay for any period of service in instalments, and the method of determining the amounts to be reserved from any amount payable to him by Her Majesty in right of Canada, including any annuity or other benefit payable to him under this Part, in respect of unpaid instalments;
(o) respecting the manner in which amounts referred to in subsection 8(8) or (9) may be recovered from any annuity, annual allowance or supplementary benefit payable under this Act;
(p) prescribing the circumstances under which and the terms and conditions on which an option under this Part may be revoked by any contributor and a new option exercised thereunder;
(q) respecting the determination, for the purposes of subsection 11(5), of the amount of any retirement or disability pension to which a person described therein is or would be entitled under the Canada Pension Plan or a provincial pension plan that is attributable to contributions made thereunder in respect of his employment in the public service, prescribing the manner of making any application referred to in that subsection and respecting the determination of the day from which the annuity payable to a contributor described therein shall be increased;
(r) prescribing, for the purposes of this Part, the methods by which and the bases on which the capitalized value of any annuity or annual allowance shall be computed;
(s) defining, for the purposes of this Act, the expression as applied to a child of a contributor;
(t) respecting the circumstances under which attendance at a school or university shall be deemed, for the purposes of this Act, to be substantially without interruption;
(u) determining, in any case of doubt, the amount that is deemed for the purposes of this Part to be the salary of a contributor who is required to pay, out of his authorized salary, for the services of one or more assistants, or whose authorized salary includes any bonus or allowance of determinate or indeterminate amount;
(v) respecting, for the purposes of paragraphs 13(1)(d) and 13.001(1)(d) and subsections 13(6) and 13.001(7), the method by which the amount of any annuity or annual allowance payable to a contributor described in paragraph 13(1)(a), (c) or (d) or 13.001(1)(a), (c) or (d), as the case may be, shall be adjusted;
(w) determining, for the purposes of this Part, the amount that shall be deemed to be the salary of a contributor who is in receipt of more than one salary in respect of employment in the public service or whose salary during any period he was employed in the public service cannot be determined;
(x) specifying, for the purposes of section 23, the method by which the amount of any annuity or annual allowance payable to a contributor described in section 16 or 17 shall be adjusted;
(x.1) specifying, for the purposes of section 24.6, the method by which the amount of any annuity or annual allowance shall be adjusted;
(y) prescribing, in respect of a contributor who is receiving or will be entitled to receive a superannuation or pension benefit based on a portion of a period of service in pensionable employment that is prior to his becoming employed in the public service, the method of determining the portion of that period of service;
(z) specifying, for the purposes of this Part, the circumstances under which a person engaged otherwise than on a full-time basis shall be deemed to have been, while so engaged, employed in the public service, and respecting the determination, for any such purpose, of the salary of a person so engaged;
(aa) specifying, for the purposes of this Part, the circumstances under which a person’s service in the public service shall be deemed to be substantially continuous or substantially without interruption;
(bb) respecting the determination, for the purposes of this Part, of the effective date on which a person shall be deemed to have become or to have ceased to be employed in the public service;
(cc) respecting the determination of the effective date on which a person shall be deemed to have become or to have ceased to be employed in operational service, as defined in section 15;
(dd) specifying circumstances in which a person shall be deemed to have ceased otherwise than voluntarily to be employed in operational service, as defined in section 15;
(ee) respecting the evidence required to establish proof of age or marital status for the purposes of this Part, the time within which that evidence shall be provided and the consequences of any failure to provide that evidence within that time;

(ff) prescribing, in respect of persons who are not, or have not been, in receipt of a stated annual salary,

(i) the method of computing their salary in terms of an annual or monthly rate, or in terms of any other rate the computation of which is necessary for the purposes of this Part,
(ii) the times and the manner in which contributions are to be reserved from salary, and
(iii) the method of computing periods of service, having regard to the periods during which they are or have been laid off from work;

(a) that the service of an employee of any board, commission or corporation specified in Schedule I that may be counted by that employee for the purposes of any pension plan established for the benefit of employees of that board, commission or corporation may, to such extent and subject to such conditions as the regulations may prescribe, be counted by that employee as pensionable service for the purposes of this Part;
(b) for payment out of the Superannuation Account or the Public Service Pension Fund of any pension granted under a plan described in paragraph (a), subject to the terms and conditions that the regulations may prescribe; and
(c) for the transfer to the Superannuation Account or the Public Service Pension Fund of any contributions made under a plan described in paragraph (a), including any contributions by or on behalf of the board, commission or corporation and any accrued interest.

(a) provide that the service of a former member of the House of Commons or a former Senator in respect of which he or she made contributions under the Members of Parliament Retiring Allowances Act may, to the extent and subject to the conditions that may be prescribed by the regulations, be counted by that former member or former Senator as pensionable service for the purposes of this Part; and
(b) provide for the transfer to the Superannuation Account or the Public Service Pension Fund of amounts in the Retiring Allowances Account, within the meaning of that Act, in respect of him or her.

(a) respecting the counting as pensionable service, for the purposes of this Part, of any period, not otherwise countable as such, during which a person, before becoming a contributor under this Part, performed on a full-time basis duties of a kind specified in the regulations for the benefit of the Crown in right of Canada; and
(b) providing, except in the case of a person who has ceased to be employed in the public service, for which case the regulations may otherwise provide, that this Part shall apply as though the period were a period of service in a portion of the federal public administration that was added to Schedule I on a day specified in the regulations.

R.S., 1985, c. P-36, s. 42
1989, c. 6, s. 6
1992, c. 46, s. 21
1994, c. 26, s. 60
1996, c. 18, s. 34
1999, c. 34, s. 91
2001, c. 34, s. 80
2003, c. 22, s. 211(E), 225(E)
2008, c. 28, s. 158
2012, c. 31, s. 498

Marginal note: Regulations

42.1 (1) The Governor in Council may make regulations

(a) fixing an annual rate of salary for the purposes of subsection 5(6) or prescribing the manner of determining the annual rate of salary;
(b) prescribing, for the purposes of section 5.1 or 5.2 or paragraph 8(2)(b.1), a number of hours a week less than twelve;
(c) prescribing, for the purposes of section 5.1 or 5.2 or paragraph 8(2)(b.1), the manner of calculating the average of the number of hours a week a person is engaged to work, including the period over which the average is to be calculated;
(d) specifying the circumstances in which an election may be made under section 5.2 or subsection 5.4(1) or 5.5(1), the period within which such an election may be made, the manner of making the election and the circumstances under which and the terms and conditions on which such an election may be revoked and a new election made or deemed to be made;
(e) prescribing the time at which and the manner in which an election may be made under subsection 5.3(1);
(f) prescribing, for the purposes of subsection 5.3(4), the portion of the period of leave of absence that is to be counted as pensionable service under clause 6(1)(a)(ii)(A);
(g) determining the amount to be paid by a person who makes an election under subsection 5.4(1) or 5.5(1) and prescribing the time at which and manner in which it shall be paid;
(h) notwithstanding any regulations made under paragraph 42(1)(d), determining the amount to be paid under paragraph 7(1)(k);
(i) determining the amount to be paid by a contributor under subsection 7(1.1);

(j) respecting the election that may be made under section 13.1, including regulations respecting

(i) the time, manner and circumstances in which an election may be made, revoked or deemed to have been revoked,
(ii) the reduction to be made in the amount of an annuity or annual allowance when an election is made,
(iii) the amount of the immediate annual allowance to be paid under subsection 13.1(2), and
(iv) any other matter that the Governor in Council considers necessary for carrying out the purposes and provisions of section 13.1;

1992, c. 46, s. 22
1996, c. 18, s. 35
1999, c. 34, s. 92
2000, c. 12, s. 277
2003, c. 22, s. 225(E), c. 26, s. 52
2012, c. 31, s. 499

Payments out of the Account

Marginal note: Payments out of Superannuation Account

43 (1) All amounts required for the payment of benefits for which this Part and Part III make provision shall be paid out of the Superannuation Account if the benefits are payable in respect of pensionable service to the credit of a contributor before April 1, 2000.
Marginal note: Transfer of amounts (2) The amounts deposited in the Public Service Superannuation Investment Fund under subsection 44.1(2) shall be transferred to the Public Sector Pension Investment Board within the meaning of the Public Sector Pension Investment Board Act to be dealt with in accordance with that Act.
Marginal note: Payment of benefits (3) If there are insufficient amounts in the Superannuation Account to pay all the benefits referred to in subsection (1), the amounts required for the payment of those benefits shall be charged to the Public Service Superannuation Investment Fund and paid out of the assets of the Public Sector Pension Investment Board.

R.S., 1985, c. P-36, s. 43
1999, c. 34, s. 93

Amounts

Marginal note: Amounts to be credited in each year

44 (1) There shall be credited to the Superannuation Account in each fiscal year

(a) [Repealed, 1999, c. 34, s. 95]
(b) in respect of every month, such amount in relation to the total amount paid into the Account during the preceding month by way of contributions in respect of past service as is determined by the Minister; and
(c) an amount representing interest on the balance from time to time to the credit of the Account, calculated in such manner and at such rates and credited at such times as the regulations provide, but the rate for any quarter in a fiscal year shall be at least equal to the rate that would be determined for that quarter using the method set out in section 46 of the Public Service Superannuation Regulations , as that section read on March 31, 1991.

R.S., 1985, c. P-36, s. 44
1992, c. 46, s. 23
1999, c. 34, s. 95

Public Service Superannuation Investment Fund

Marginal note: Establishment of Public Service Superannuation Investment Fund

44.1 (1) The Public Service Superannuation Investment Fund is established.

Marginal note: Amounts to be deposited into the Public Service Superannuation Investment Fund (2) The following amounts shall be deposited into the Public Service Superannuation Investment Fund:

(a) the amounts in the Superannuation Account transferred on or after April 1, 2000 that the Minister of Finance determines, in the manner and at the times that that minister determines; and
(b) the income from the investment of the amounts referred to in paragraph (a) plus profits less losses on the sale of the investments.

1999, c. 34, s. 96

Public Service Pension Fund

Marginal note: Establishment of Public Service Pension Fund

44.2 (1) The Public Service Pension Fund is established.

Marginal note: Amounts to be deposited into the Public Service Pension Fund (2) The following amounts shall be deposited into the Public Service Pension Fund:

(a) the amounts determined by the Minister under subsection (3);
(b) all other amounts required by this Act to be paid into the Fund; and
(c) the income from the investment of the amounts referred to in paragraphs (a) and (b) plus profits less losses on the sale of the investments.

(a) an amount that is determined by the Minister, based on actuarial advice, to be required to provide for the cost of the benefits that have accrued in respect of that month in relation to current service and that will become payable out of the Public Service Pension Fund; and
(b) an amount that is determined by the Minister in relation to the total amount paid into the Public Service Pension Fund during the preceding month by way of contributions in respect of past service.

1999, c. 34, s. 96

Marginal note: Amounts to be paid on basis of actuarial valuation report

44.3 (1) Following the laying before Parliament of any actuarial valuation report pursuant to section 45 that relates to the state of the Public Service Pension Fund, there shall be paid into that Fund, at the time and in the manner set out in subsection (2), the amount that in the opinion of the Minister will, at the end of the fifteenth fiscal year following the tabling of that report or at the end of a shorter period that the Minister may determine, together with the amount that the Minister estimates will be to the credit of the Public Service Pension Fund at that time, meet the cost of the benefits payable under this Part and Part III in respect of pensionable service that comes to the credit of contributors on or after April 1, 2000.
Marginal note: Equal annual instalments (2) Subject to subsection (3), the amount required to be paid into the Public Service Pension Fund under subsection (1) shall be divided into equal annual instalments and the instalments shall be paid to the Public Service Pension Fund over a period of fifteen years, or a shorter period that the Minister may determine, with the first such instalment to be paid in the fiscal year in which the actuarial valuation report is laid before Parliament.
Marginal note: Adjustments (3) When a subsequent actuarial valuation report is laid before Parliament before the end of the period applicable under subsection (2), the instalments remaining to be paid in that period may be adjusted to reflect the amount that is estimated by the Minister, at the time that subsequent report is laid before Parliament, to be the amount that will, together with the amount that the Minister estimates will be to the credit of the Public Service Pension Fund at the end of that period, meet the cost of the benefits payable under this Part and Part III in respect of pensionable service that comes to the credit of contributors on or after April 1, 2000.

1999, c. 34, s. 96

Marginal note: No more deposits if non-permitted surplus

44.4 (1) If, following the laying before Parliament of an actuarial valuation report pursuant to section 45 that relates to the state of the Public Service Pension Fund there is, in the Minister’s opinion, a non-permitted surplus in that Fund, no further amounts shall be deposited into the Fund under paragraph 44.2(3)(a) until the time that there is, in the Minister’s opinion, no longer a non-permitted surplus in the Fund.

Marginal note: When non-permitted surplus (2) If, following the laying before Parliament of an actuarial valuation report pursuant to section 45 that relates to the state of the Public Service Pension Fund, there is, in the Minister’s opinion, a non-permitted surplus in that Fund,

(a) the contributions payable under section 5 may be reduced in the manner, at the times and for the period that the Treasury Board determines, on the Minister’s recommendation; or
(b) there may be paid out of the Public Service Pension Fund, and into the Consolidated Revenue Fund, the amount, at the time and in the manner, that the Treasury Board determines on the recommendation of the Minister.

(a) the amount that will be required in order to meet the cost of the benefits payable under this Part and Part III in respect of pensionable service that comes to the credit of contributors on or after April 1, 2000, and
(b) the amount of any surplus in the Public Service Pension Fund that does not constitute a non-permitted surplus.

1999, c. 34, s. 96
2019, c. 29, s. 158

Marginal note: Costs

44.5 The costs of the administration of this Act, as determined by the Treasury Board, with respect to benefits payable under this Act in respect of pensionable service that comes to the credit of contributors on or after April 1, 2000 shall be paid out of the Public Service Pension Fund.

1999, c. 34, s. 96

Actuarial Report

45 In accordance with the Public Pensions Reporting Act , a cost certificate, an actuarial valuation report and an assets report on the state of each of the Superannuation Account, the Public Service Superannuation Investment Fund and the Public Service Pension Fund shall be prepared, filed with the Minister designated under that Act and laid before Parliament.

R.S., 1985, c. P-36, s. 45
R.S., 1985, c. 13 (2nd Supp.), s. 12
1999, c. 34, s. 97

Annual Report

Marginal note: Annual report

46 The Minister shall cause to be laid before each House of Parliament each year a report on the administration of this Part and Part III during the preceding fiscal year, including a statement showing the amounts paid into and out of the Superannuation Account, the Public Service Superannuation Investment Fund and the Public Service Pension Fund during that year, by appropriate classifications, the number of contributors and the number of persons receiving benefits under this Part and Part III, together with the additional information that the Governor in Council may by regulation require.

R.S., 1985, c. P-36, s. 46
1992, c. 46, s. 24
1999, c. 34, s. 97

PART I.1 Provisions That Apply to Canada Post Corporation

Marginal note: Definitions

46.1 The definitions in this section apply in this Part.

means the Canada Post Corporation within the meaning of the Canada Post Corporation Act . ( Société )

means a person to whom the plans referred to in section 46.3 or 46.4 apply. ( membre )

1999, c. 34, s. 97

Marginal note: Deemed deletion

46.2 The repeal of subsection 13(2) of the Canada Post Corporation Act by section 227 of the Public Sector Pension Investment Board Act is deemed to constitute a deletion from Schedule I of the Corporation, within the meaning of subsection 42(4), on the day on which that section comes into force.

1999, c. 34, s. 97

Marginal note: Establishment of pension plans

46.3 (1) Subject to subsections (2) and (3), the Corporation shall

(a) establish no fewer than one pension plan for the Chairman, President, officers and employees of the Corporation, or classes of those persons, no later than October 1, 2000, and be the administrator of those plans; and
(b) establish no fewer than one supplementary pension plan in the nature of a retirement compensation arrangement within the meaning of the Special Retirement Arrangements Act for those persons or classes no later than October 1, 2000, and be the administrator of those plans.

(a) each plan referred to in paragraph (1)(a) meets the requirements for registration under the Income Tax Act and the Pension Benefits Standards Act, 1985 ;

(b) when the plans referred to in paragraphs (1)(a) and (b) are established

(i) each member and survivor will be provided with pension benefits and lump-sum benefits — including supplementary benefits within the meaning of Part III — at least equal to those provided for him or her under this Act and the Retirement Compensation Arrangements Regulations, No. 1 , made under the authority of the Special Retirement Arrangements Act , as those Acts and regulations read on the day before the effective date of the plans, and

(ii) each member will be required to contribute, by reservation from salary or otherwise,

(A) for the period beginning on the effective date of the plans and ending on December 31, 2003, at a rate equal to the rates specified in this Act on the day before that effective date, and
(B) for the period beginning on January 1, 2004, at the rate that the Board of Directors of the Corporation may fix from time to time, that Board being subject to the same restrictions in fixing the rate as is the Treasury Board under subsection 5(1.4), as it read on January 1, 2000;

(i) members who are employed by the Corporation on the effective date of the plans may elect to count, as pensionable service, service with the Corporation and the Post Office Department before that date that was not to their credit as pensionable service under this Act on the day before that date, and
(ii) members who become employed by the Corporation after the effective date of the plans may elect to count, as pensionable service, service with the Corporation or the Post Office Department;

(i) to which he or she is or may become entitled under this Act and the regulations referred to in subparagraph (b)(i) as they read on the day before the effective date of the plans, and
(ii) in respect of periods of pensionable service within the meaning of this Act that were to the credit of the member before that date;

1999, c. 34, s. 97
2012, c. 31, s. 500

Marginal note: Establishment of group life insurance plan

46.4 (1) The Corporation shall, no later than the date referred to in subsection 46.3(1), establish no fewer than one group life insurance plan for persons referred to in that subsection.
Marginal note: Benefits, etc., equal to public service regime (2) The plans must provide for benefits for the members and their beneficiaries at least equal to those provided under Part II, as it read on the day before the effective date of the plans, at a contribution rate no greater than the contribution rate under that Part as it read on that day.

Marginal note: Benefits to former employees (3) A person has the same rights as a member under subsection (2) if

(a) he or she ceases to be employed by the Corporation after the effective date of the plans; and
(b) at the time he or she ceases to be so employed, he or she has an entitlement to an immediate pension benefit, other than a lump-sum benefit, under a plan referred to in subsection 46.3(1).

1999, c. 34, s. 97

Marginal note: No alteration of plans before October 1, 2001

46.5 (1) The terms of the plans referred to in sections 46.3 and 46.4 shall not be the subject of collective bargaining — and shall not be modified with respect to employees not represented by a bargaining agent within the meaning of Part I of the Canada Labour Code — for any period that ends before October 1, 2001.
Marginal note: Alteration of plans (2) The provisions of the plans referred to in subsection (1), other than those referred to in subsection 46.3(7), may be the subject of collective bargaining if notice to bargain collectively is given within the meaning of section 49 of that Act on or after October 1, 2001.

1999, c. 34, s. 97

Marginal note: No longer a participant under Part II

46.6 Notwithstanding section 51, a person ceases to be a participant for the purposes of Part II on the day on which section 227 of the Public Sector Pension Investment Board Act comes into force.

1999, c. 34, s. 97

PART II Supplementary Death Benefits

Interpretation

Marginal note: Definitions

47 (1) In this Part, , with respect to a participant, means an amount equal to twice the salary of the participant, if that amount is a multiple of one thousand dollars, or an amount equal to the nearest multiple of one thousand dollars above twice the salary of the participant, if the first-mentioned amount is not a multiple of one thousand dollars, subject to a reduction of ten per cent, to be made as of the time that the regulations prescribe, for every year of age in excess of sixty-five attained by the participant, except that

(a) in the case of a participant who is employed in the public service, the basic benefit shall not be less than

(i) an amount equal to one third of the participant’s salary, if that one-third is a multiple of one thousand dollars, or an amount equal to the nearest multiple of one thousand dollars above one third of the participant’s salary, if that one-third is not a multiple of one thousand dollars, or
(ii) ten thousand dollars,

whichever is the greater,

means the amount payable in respect of a participant under section 54; ( prestation )

means a Crown corporation as defined in section 83 of the Financial Administration Act , except any such corporation specified in Part I of Schedule I to this Act; ( société d’État )

, as applied to a participant, means that the participant comes within paragraph (c) or (d) of the definition “participant” in this section; ( volontaire )

means an annual allowance payable within thirty days after the day on which a participant ceases to be employed in the public service after March 31, 1995, or ceases to be required to contribute to the Retirement Compensation Arrangements Account by section 8 or 9 of the Retirement Compensation Arrangements Regulations, No. 1 ; ( allocation annuelle immédiate )

(a) a person who is required by section 5 to contribute to the Superannuation Account or the Public Service Pension Fund,
(b) an employee of a Crown corporation who is required to contribute to the Superannuation Account or the Public Service Pension Fund in respect of current service,
(b.1) a person who is required to contribute to the Retirement Compensation Arrangements Account by section 8 or 9 of the Retirement Compensation Arrangements Regulations, No. 1 ,
(c) a person not coming within paragraphs (a) to (b.1) who has made an election under section 51 and continues to contribute under this Part,
(d) a person not coming within paragraph (a), (b), (b.1) or (c) who has made an election under section 51 and to whom the basic benefit of ten thousand dollars referred to in paragraph (b) of the definition “basic benefit” in this subsection, or to whom the basic benefit of five hundred dollars referred to in paragraph (c) of that definition — or to whom the basic benefit of five thousand dollars referred to in paragraph (d) of that definition — applies without contribution under this Part by the participant for it,
(e) a person to whom subsection 5.1(2) applies, and
(f) a person who has made an election under subsection 5.3(1),

but does not include an employee of a Crown corporation or public board excluded from the operation of this Part by the regulations; ( participant )

means a board, commission or corporation specified in Schedule I; ( office public )

means a person who is a participant under Part II of the Canadian Forces Superannuation Act ; ( participant de la force régulière )

(a) in the case of a participant employed in the public service, the salary as defined for purposes of Part I, expressed in terms of an annual rate, except that where a retroactive increase is authorized in the salary of that participant, the increase shall be deemed to have commenced to have been received by him on such day as the regulations prescribe,
(b) in the case of an elective participant, his salary in the public service at the time he ceased to be employed in the public service, expressed in terms of an annual rate, and
(c) in the case of a participant who is required to contribute to the Retirement Compensation Arrangements Account by section 8 or 9 of the Retirement Compensation Arrangements Regulations, No. 1 , the salary referred to in subsections 8(3) or 9(1) of those Regulations. ( traitement )

R.S., 1985, c. P-36, s. 47
1992, c. 46, s. 25
1996, c. 16, s. 51
1999, c. 34, s. 98
2003, c. 22, s. 225(E)

Marginal note: Application

47.1 (1) A person who, immediately before the date on which this subsection comes into force, was contributing under Division II of Part I of the Retirement Compensation Arrangements Regulations, No. 1 and had elected under that Division to continue to contribute is an elective participant for the purposes of this Part.
Marginal note: Salary (2) For the purposes of this Part, the salary of a participant described in subsection (1) is the participant’s salary under Division I of Part I of those Regulations in effect at the end of the period during which he or she was required to contribute under that Division.
Marginal note: Deemed election (3) An election by a participant under subsection 27(1) of those Regulations before the date on which this subsection comes into force is deemed to be an election under subsection 52(1).
Marginal note: Deemed designation (4) A designation made by a participant under subsection 23(1) of those Regulations before the date on which this subsection comes into force is deemed to be a designation under section 26 of the Supplementary Death Benefit Regulations .

1999, c. 34, s. 99

Marginal note: Crown corporation employees

48 A participant who is employed by a Crown corporation shall for the purposes of this Part be deemed to be employed in the public service.

R.S., 1985, c. P-36, s. 48
2003, c. 22, s. 225(E)

Marginal note: Apportionment

49 If a benefit payable under Part I is apportioned between two survivors under subsection 25(2) or (10), the benefit payable to a person referred to in subsection 55(2) is apportioned in the same manner.

R.S., 1985, c. P-36, s. 49
1999, c. 34, s. 100

Marginal note: Service to be counted

50 For the purposes of sections 51 and 53,

(a) in calculating the period during which a person has been employed in the public service, any service of that person as a member of the regular force, or the period during which the person was required to contribute to the Retirement Compensation Arrangements Account by section 8 or 9 of the Retirement Compensation Arrangements Regulations, No. 1 , shall be deemed to be employment in the public service; and
(b) in calculating the period during which a person has been a participant under this Part, any period during which that person was a regular force participant under this Part prior to August 1, 1966 or under Part II of the Canadian Forces Superannuation Act , or was contributing under Division II of Part I of the Retirement Compensation Arrangements Regulations, No. 1 , shall be included.

R.S., 1985, c. P-36, s. 50
1999, c. 34, s. 100
2003, c. 22, s. 225(E)

Elections

Marginal note: Election to continue as participant

51 (1) A participant who is employed in the public service and has been so employed substantially without interruption for two years or more or has been a participant under this Part without interruption for two years or more may, within one year before the time of ceasing to be employed in the public service, elect to continue to be a participant under this Part after that time.

Marginal note: Election to continue as participant (2) A person who ceases to be employed in the public service and at the time of ceasing to be so employed is a participant who has been employed in the public service substantially without interruption for two years or more or has been a participant under this Part without interruption for two years or more,

(a) shall be deemed, for the purposes of this Part except section 53, to be a participant under this Part for a period of thirty days after that time; and
(b) may, within that period of thirty days, elect to continue to be a participant under this Part after the expiry of that period, and shall, if on ceasing to be so employed, or on ceasing to be required to contribute to the Retirement Compensation Arrangements Account by section 8 or 9 of the Retirement Compensation Arrangements Regulations, No. 1 , he or she is entitled to an immediate annuity or an immediate annual allowance — or to an immediate benefit or an immediate allowance under Part I of those regulations — be deemed so to have elected within that period to continue to be a participant under this Part after the expiry of that period.

R.S., 1985, c. P-36, s. 51
1996, c. 18, s. 36
1999, c. 34, s. 101
2003, c. 22, s. 225(E), c. 26, s. 53

Marginal note: Elections to reduce benefits

52 (1) If the basic benefit of an elective participant who, on ceasing to be employed in the public service, or on ceasing to be required to contribute to the Retirement Compensation Arrangements Account by section 8 or 9 of the Retirement Compensation Arrangements Regulations, No. 1 , was entitled to an immediate annuity or an immediate annual allowance — or to an immediate benefit or an immediate allowance under Part I of those regulations — exceeds ten thousand dollars, the amount of the basic benefit shall, if the participant so elects, be reduced to ten thousand dollars.
Marginal note: Transitional (2) An elective participant who has made an election under section 52 of this Act as it read from time to time before October 5, 1992 is, beginning on that day, deemed to have elected to reduce the basic benefit of the participant to five thousand dollars unless, within one year after that day, the participant elects not to be deemed to have so elected.
Marginal note: Transitional (2.1) An elective participant who has made an election under section 52 of this Act as it read from time to time before the day on which this subsection comes into force is, beginning on that day, deemed to have elected to reduce his or her basic benefit to ten thousand dollars unless, within one year after that day, the participant elects not to be deemed to have so elected.
Marginal note: Transitional (2.2) An elective participant who has attained the age of sixty years on April 1, 1999 may elect, within one year after the day on which this subsection comes into force, to have his or her basic benefit determined in accordance with paragraph (e) of the definition “basic benefit” in subsection 47(1).
Marginal note: Election irrevocable (3) An election made under this section is irrevocable.

R.S., 1985, c. P-36, s. 52
1992, c. 46, s. 26
1999, c. 34, s. 102
2003, c. 22, s. 225(E)

Contributions

Marginal note: Amount of contributions

53 Every participant shall contribute to the Consolidated Revenue Fund at the rate of fifteen cents per month for every thousand dollars in the amount of the participant’s basic benefit (reduced, if the participant has attained the age of sixty-five years and is employed in the public service, having been so employed substantially without interruption for two years or more or having been a participant under this Part without interruption for two years or more, by one dollar and fifty cents per month, commencing as of the time that the regulations prescribe, being the contribution otherwise payable under this Part for the basic benefit in the amount of ten thousand dollars referred to in the definition “basic benefit” in subsection 47(1)) or, in the case of elective participants and participants who are absent from duty, any contribution that the regulations prescribe.

R.S., 1985, c. P-36, s. 53
1992, c. 46, s. 26
1996, c. 18, s. 37
1999, c. 34, s. 103
2003, c. 22, s. 225(E)

Benefits

Marginal note: Payment of benefit

54 (1) On the death of a participant, there shall be paid to the persons and in the manner specified in this Part the amount of the basic benefit of the participant with respect to which the last contribution payable under this Part by the participant was calculated.
Marginal note: Last contribution for certain cases (2) Where, in the case of a participant who at the time of death was employed in the public service, salary is not paid for the full month in which he died, the last contribution shall be for that full month and shall be deemed to have become payable immediately before death.
Marginal note: Benefits to certain participants continued (3) Notwithstanding subsection (1), in calculating the benefit payable under subsection (1) on the death of a person who was an elective public service participant immediately before August 1, 1966 and who continued to be an elective participant until the time of his death, “basic benefit” means the basic benefit referred to in the definition “basic benefit” in subsection 47(1) as it read immediately prior to August 1, 1966.

R.S., 1985, c. P-36, s. 54
2003, c. 22, s. 225(E)

Marginal note: To whom benefits paid

55 (1) Subject to section 58, benefits shall be paid as follows:

(a) where a deceased participant has, pursuant to any regulations made under subsection 61(1), named his estate as his beneficiary or named another beneficiary who may be named under those regulations and the beneficiary survives the participant, to the beneficiary; and
(b) in any other case, to the estate of the participant or, if less than one thousand dollars, as the Minister may direct.

(a) she does not survive him;
(b) he names his estate as his beneficiary under any regulations made under paragraphs 61(1)(f) and (g); or
(c) he names another beneficiary under any regulations made under paragraphs 61(1)(f) and (g).

R.S., 1985, c. P-36, s. 55
1999, c. 34, s. 104

Public Service Death Benefit Account

Marginal note: Account in Consolidated Revenue Fund

56 (1) There shall be an account in the accounts of Canada to be known as the Public Service Death Benefit Account to which shall be credited the following:

(a) the amount of all contributions paid under section 53 by participants;
(b) the payments made by a Crown corporation or public board as required by the regulations;

(c) an amount equal to the amount estimated by the Minister to be sufficient to cover the cost of the benefits that will become chargeable against the Account but not less than the aggregate of

(i) one twelfth of the benefit paid in respect of each participant who, at the time of death, was employed in the public service, for which benefit contributions under this Part were payable by the participant at that time,
(ii) one twelfth of the benefit paid in respect of each elective participant who, on ceasing to be employed in the public service, was entitled under Part I to an immediate annuity or an annual allowance payable immediately, for which benefit contributions under this Part were payable by the participant at the time of death, and
(iii) the amount of the single premium determined under Schedule II in respect of each participant in the case of whom the basic benefit in the amount of ten thousand dollars referred to in paragraph (b) of the definition in subsection 47(1), or the basic benefit in the amount of five hundred dollars referred to in paragraph (c) of that definition — or the basic benefit in the amount of five thousand dollars referred to in paragraph (d) of that definition — applies without contribution under this Part by the participant for it; and

R.S., 1985, c. P-36, s. 56
1992, c. 46, s. 27
1999, c. 34, s. 105
2003, c. 22, s. 225(E)

General

Marginal note: Elective participants

57 (1) There shall be issued to elective participants a document in such form as the regulations prescribe as evidence that they are participants under this Part.
Marginal note: Idem (2) An elective participant ceases to be a participant if any contribution payable by him under this Part is not paid within thirty days after the due date thereof.

R.S., c. P-36, s. 46

Marginal note: Benefits not assignable, etc.

(a) a benefit under this Part is not capable of being assigned, charged, anticipated or given as security and any transaction that purports to assign, charge, anticipate or give as security any such benefit is void; and
(b) a benefit under this Part is exempt from attachment, seizure and execution, either at law or in equity.

R.S., 1985, c. P-36, s. 58
1992, c. 46, s. 28

Marginal note: Valuation and assets reports

59 (1) A valuation report and an assets report on the state of the Public Service Death Benefit Account shall be prepared, filed with the Minister and laid before Parliament in accordance with the Public Pensions Reporting Act and as if the supplementary death benefit plan established by this Part were a pension plan established under an Act referred to in subsection 3(1) of that Act.
Marginal note: Review dates (2) For the purposes of subsection (1), the review date as of which an actuarial review of the Public Service Death Benefit Account must be conducted for the purposes of the first valuation report is December 31 in the year that is four years after the day on which this subsection comes into force and, thereafter, the review dates must not be more than three years apart.

R.S., 1985, c. P-36, s. 59
1992, c. 46, s. 28

Marginal note: Annual report

60 The Minister shall lay before Parliament each year a report on the administration of this Part during the preceding fiscal year, including a statement showing the amounts that during such year were credited to or charged against the Public Service Death Benefit Account.

R.S., c. P-36, s. 49

Marginal note: Regulations

61 (1) The Governor in Council may make regulations for carrying the purposes and provisions of this Part into effect and, without restricting the generality of the foregoing, may make regulations

(a) prescribing the times as of which the reductions referred to in the definition “basic benefit” in subsection 47(1) shall be made;
(b) excluding any Crown corporation or public board from the operation of this Part;
(c) prescribing the manner and time of payment of contributions;
(d) prescribing the contributions to be made by elective participants and participants who are absent from duty and prescribing the conditions on which participants who are absent from duty may continue to be participants;
(e) respecting the manner and time of making elections under this Part;
(f) prescribing the manner and time of naming, changing or revoking beneficiaries under this Part;
(g) authorizing a contributor or a participant to name his estate as his beneficiary and prescribing classes of persons and organizations from which beneficiaries may be named for the purposes of this Part;
(h) authorizing payment, with the approval of the Minister, out of any benefit payable to the spouse, beneficiary or estate or succession of a deceased participant, of reasonable expenses incurred for the maintenance, medical care or burial of the participant;
(i) respecting the rates at which interest is to be credited to the Public Service Death Benefit Account under paragraph 56(1)(d), the manner in which it shall be calculated and the times at which it shall be credited to the Account;
(j) prescribing, for the purposes of the definition “salary” in subsection 47(1), the day on which a retroactive increase in pay shall be deemed to have commenced to have been received by a participant;
(k) prescribing the amount, time and manner of payments to be made by Crown corporations and public boards in respect of participants who are employed by those corporations or boards; and
(l) prescribing forms for the purposes of this Part.

R.S., 1985, c. P-36, s. 61
1992, c. 46, s. 29
1999, c. 34, s. 106(E)

Marginal note: Ineligibility

62 (1) Notwithstanding anything in this Part, the expression “participant” does not include

(a) a person employed in the public service on July 1, 1954, or
(b) a person who is a member of the regular force on July 1, 1954,

if that person, on or before November 1, 1954, in such manner and form as the regulations prescribe, has elected not to come under this Part.

(a) on August 14, 1956 was employed in the public service or was a member of the regular force and has thereafter continued to be so employed or to be such a member substantially without interruption; or
(b) on August 14, 1956 was not employed in the public service and was not a member of the regular force, but since the time when he last ceased to be so employed or to be such a member prior to August 14, 1956 he continued to be employed in the public service or to be a member of the regular force substantially without interruption.

(a) was employed in the public service on July 1, 1954, and
(b) had not, before April 1, 1965, made any contributions under section 53

made an election under subsection (1) in purported compliance therewith that was invalid by reason only that the person was not, on July 1, 1954, a participant within the meaning of this Part, that election shall be deemed to have been made validly under and in accordance with subsection (1).

R.S., 1985, c. P-36, s. 62
2003, c. 22, s. 225(E)

Marginal note: Double payment avoided

63 Notwithstanding anything in this Part, no benefit is payable in respect of a deceased participant where ex gratia compensation in lieu of a benefit has been approved by the Governor in Council in respect of that deceased participant.

1984, c. 33, s. 5

PART III Supplementary Benefits

Marginal note: Definitions

64 In this Part,

[Repealed, 1999, c. 34, s. 107]

means any pension, annual allowance or annuity payable under Part I; ( pension )

means a person who is in receipt of a pension, but does not include a person who is in receipt of an immediate annuity or annual allowance under section 16 or 24.2 unless

(a) that person has reached sixty years of age,
(b) that person, if not having reached sixty years of age, is in receipt of that immediate annuity or annual allowance by reason of being disabled, or

(c) that immediate annuity or annual allowance is based on a number of years of operational service, as defined in section 15 or 24.1, as the case may be, that is pensionable service and that pensionable service consists of not less than

(i) twenty-six years of pensionable service, in the case of a person who has reached fifty-nine years of age but has not reached sixty years of age,
(ii) twenty-seven years of pensionable service, in the case of a person who has reached fifty-eight years of age but has not reached fifty-nine years of age,
(iii) twenty-eight years of pensionable service, in the case of a person who has reached fifty-seven years of age but has not reached fifty-eight years of age,
(iv) twenty-nine years of pensionable service, in the case of a person who has reached fifty-six years of age but has not reached fifty-seven years of age, or
(v) thirty years of pensionable service, in the case of a person who has reached fifty-five years of age but has not reached fifty-six years of age. ( prestataire )

R.S., 1985, c. P-36, s. 64
1992, c. 46, s. 30
1999, c. 34, s. 107

65 [Repealed, 1999, c. 34, s. 108]

Marginal note: Contributions for elective service

66 (1) A person who elects, pursuant to section 6 or 39, to count as pensionable service any period of elective service specified in that section, or any portion of that service, that is after March 31, 1970 but before January 1, 2000 is required to contribute to the Superannuation Account or the Public Service Pension Fund in respect of it, in addition to any other amount required under this Act, an amount calculated in the manner and in respect of the salary described in those sections

(a) in the case of any period of elective service or portion of such a period that is after March 31, 1970 and before January 1, 1977, at the rate of one half of one per cent of the person’s salary; and
(b) in the case of any period of elective service or portion of such a period that is after December 31, 1976 and before January 1, 2000 at the rate of one per cent of the person’s salary.

R.S., 1985, c. P-36, s. 66
1992, c. 46, s. 30
1999, c. 34, s. 109

67 [Repealed, 1999, c. 34, s. 110]

Marginal note: Benefit payable

68 Subject to this Part, a supplementary benefit is payable to every recipient.

R.S., 1985, c. P-36, s. 68
1992, c. 46, s. 30

Marginal note: Calculation of benefit

69 (1) The supplementary benefit payable to a recipient for a month in any year shall be calculated with reference to the retirement year of the recipient and shall be equal to the amount of the supplementary retirement benefit that would be payable with respect to the recipient’s pension under section 4 of the Supplementary Retirement Benefits Act if that Act applied to the recipient.

Marginal note: Exception for first year benefits received (2) The supplementary benefit payable to a recipient for a month in the year immediately following the recipient’s retirement year is equal to the product obtained by multiplying

(a) the amount of the supplementary benefit that would, but for this section, be payable to the recipient for that month

(b) the ratio that the number of complete months that remained in the retirement year after the retirement month bears to twelve.

(a) the retirement year or retirement month of a person to or in respect of whom or in respect of whose service a pension is payable, other than a person referred to in paragraph (b), is the year or month, as the case may be, in which, for the purposes of this Act, that person most recently ceased to be employed in the public service; and
(b) the retirement year or retirement month of a person who is in receipt of a pension by virtue of being a survivor or a child, is the retirement year or retirement month, as the case may be, of the person in respect of whom or in respect of whose service the pension is payable.

(a) the Governor in Council, in the case of a person to or in respect of whom the pension is payable on ceasing to hold an office to which the person was appointed by the Governor in Council; or
(b) the Treasury Board, in the case of a person other than a person described in paragraph (a).

R.S., 1985, c. P-36, s. 69
1992, c. 46, s. 30
1999, c. 34, s. 111
2003, c. 22, s. 225(E), c. 26, s. 54

Marginal note: Manner of payment of benefit

70 (1) The supplementary benefit payable to a recipient shall be paid at the same times, in the same manner, during or in respect of the same periods and subject to the same terms and conditions as the pension payable to that recipient.
(2) [Repealed, 1999, c. 34, s. 112]

R.S., 1985, c. P-36, s. 70
1992, c. 46, s. 30
1999, c. 34, s. 112

PART IV General

Marginal note: Regulations

71 (1) The Governor in Council may, for the purpose of enabling the pension plan provided by this Act to conform with any provision of section 147.1 of the Income Tax Act and Part LXXXV of the Income Tax Regulations , make regulations

(a) adapting any provision of this Act or of any regulation made under this Act;
(b) respecting the application of any provision of this Act or of any regulation made under this Act; and
(c) generally as the Governor in Council may consider necessary for that purpose.

(a) adapting any provision of this Act or of any regulation made under this Act;
(b) respecting the application of any provision of this Act or of any regulation made under this Act; and
(c) generally as the Governor in Council may consider necessary for that purpose.

1992, c. 46, s. 30
1999, c. 34, s. 113

Marginal note: Regulations

72 (1) The Governor in Council may make regulations respecting the manner in which and the extent to which any provisions of this Act or of any regulations made under this Act apply in respect of any service in the reserve force of the Canadian Forces of a contributor and adapting any of those provisions for the purposes of that application.
Marginal note: Retroactive application of regulations (2) Regulations made under subsection (1) may, if they so provide, be retroactive and have effect with respect to any period before they are made.

2003, c. 26, s. 55

Marginal note: Power of Minister

73 The Minister may use electronic means to create, communicate, make available, collect, receive, store or otherwise deal with documents or information under this Act.

2008, c. 28, s. 159

Marginal note: Regulations — electronic means

74 (1) The Governor in Council may make regulations

(a) respecting the use of electronic means to create, communicate, make available, collect, receive, store or otherwise deal with a document or information under this Act, including

(i) the technology or process, and the format, to be used,
(ii) the place where an electronic document is to be made or sent,
(iii) the time and circumstances when an electronic document is considered to be sent or received and the place where it is considered to have been sent or received,
(iv) the technology or process to be used to make or verify an electronic signature and the manner in which the signature is to be used, and
(v) the circumstances in which an electronic document must be signed with an electronic signature or a secure electronic signature; and

2008, c. 28, s. 159

SCHEDULE I (Sections 3 and 47)

PART I
Boards, Commissions and Corporations Forming Part of the Public Service

Atlantic Canada Opportunities Agency Agence de promotion économique du Canada atlantique
Atomic Energy of Canada Limited Énergie atomique du Canada, Limitée
Canada Border Services Agency Agence des services frontaliers du Canada
Canada Emission Reduction Incentives Agency Agence canadienne pour l’incitation à la réduction des émissions
Canada Employment Insurance Commission Commission de l’assurance-emploi du Canada
Canada Lands Company (Mirabel) Limited Société immobilière du Canada (Mirabel) limitée
Canada Ports Corporation Société canadienne des ports
Canada Revenue Agency Agence du revenu du Canada
Canada School of Public Service École de la fonction publique du Canada
Canadian Advisory Council on the Status of Women Conseil consultatif canadien de la situation de la femme
Canadian Centre for Occupational Health and Safety Centre canadien d’hygiène et de sécurité au travail
Canadian Commercial Corporation Corporation commerciale canadienne
Canadian Dairy Commission Commission canadienne du lait
Canadian Food Inspection Agency Agence canadienne d’inspection des aliments
Canadian Grain Commission Commission canadienne des grains
Canadian High Arctic Research Station Station canadienne de recherche dans l’Extrême-Arctique
Canadian Human Rights Commission Commission canadienne des droits de la personne
Canadian Institutes of Health Research Instituts de recherche en santé du Canada
Canadian Museum for Human Rights Musée canadien des droits de la personne
Canadian Museum of History Musée canadien de l’histoire
Canadian Museum of Immigration at Pier 21 Musée canadien de l’immigration du Quai 21
Canadian Museum of Nature Musée canadien de la nature
Canadian Nuclear Safety Commission Commission canadienne de sûreté nucléaire
Canadian Space Agency Agence spatiale canadienne
Canadian Transportation Accident Investigation and Safety Board Bureau canadien d’enquête sur les accidents de transport et de la sécurité des transports
Competition Tribunal Tribunal de la concurrence
Defence Construction (1951) Limited Construction de défense (1951) Limitée
Director of Soldier Settlement Directeur de l’établissement de soldats
The Director, The Veterans’ Land Act Directeur des terres destinées aux anciens combattants
Financial Consumer Agency of Canada Agence de la consommation en matière financière du Canada
Financial Transactions and Reports Analysis Centre of Canada Centre d’analyse des opérations et déclarations financières du Canada
Food Prices Review Board La Commission de surveillance du prix des produits alimentaires
Foreign Claims Commission Commission des réclamations étrangères
Full-time commissioners, Chief Executive Officer and employees of the Canadian Energy Regulator Commissaires à temps plein, président-directeur général et personnel de la Régie canadienne de l’énergie
Impact Assessment Agency of Canada Agence canadienne d’évaluation d’impact
The Indian Claims Commission Commission d’étude des revendications des Indiens
International Joint Commission Commission mixte internationale
Invest in Canada Hub Investir au Canada
The Jacques-Cartier and Champlain Bridges Inc. Les Ponts Jacques-Cartier et Champlain Inc.
Members of the staff of the Office of the Special Representative of the Prime Minister for Constitutional Development in the Northwest Territories Membres du personnel du Bureau du représentant spécial du Premier ministre pour l’évolution constitutionnelle des Territoires du Nord-Ouest
The National Battlefields Commission Commission des champs de bataille nationaux
National Capital Commission Commission de la capitale nationale
National Film Board Office national du film
National Gallery of Canada Musée des beaux-arts du Canada
National Museum of Science and Technology Musée national des sciences et de la technologie
National Research Council of Canada Conseil national de recherches du Canada
National Security and Intelligence Review Agency Secretariat Secrétariat de l’Office de surveillance des activités en matière de sécurité nationale et de renseignement
Natural Sciences and Engineering Research Council Conseil de recherches en sciences naturelles et en génie
Newfoundland and Labrador Development Corporation Limited Société de développement de Terre-Neuve et du Labrador Limitée
Northern Pipeline Agency Administration du pipe-line du Nord
Office of the Correctional Investigator Bureau de l’enquêteur correctionnel
Office of the Intelligence Commissioner Bureau du commissaire au renseignement
Parks Canada Agency Agence Parcs Canada
Public Service Commission Commission de la fonction publique
The St. Lawrence Seaway Authority Administration de la voie maritime du Saint-Laurent
The Seaway International Bridge Corporation, Ltd. La Corporation du Pont international de la voie maritime, Ltée
Social Sciences and Humanities Research Council Conseil de recherches en sciences humaines
Tax Court of Canada Cour canadienne de l’impôt
Telefilm Canada Téléfilm Canada
War Veterans Allowance Board Commission des allocations aux anciens combattants

PART II
Portions of the Federal Public Administration Declared for Greater Certainty To Be Part of the Public Service

A citizenship judge appointed by the Governor in Council pursuant to the Citizenship Act Juge de la citoyenneté nommé par le gouverneur en conseil en application de la Loi sur la citoyenneté
Atlantic Pilotage Authority Administration de pilotage de l’Atlantique
Auditor General of Canada and Office of the Auditor General of Canada Vérificateur général du Canada et Bureau du vérificateur général du Canada
Canadian Human Rights Tribunal Tribunal canadien des droits de la personne
Canadian Transportation Agency Office des transports du Canada
Chief Electoral Officer and Office of the Chief Electoral Officer Directeur général des élections et Bureau du directeur général des élections
Clerk of the Privy Council and Privy Council Office Greffier du Conseil privé et Bureau du Conseil privé
Communications Security Establishment Centre de la sécurité des télécommunications
Director General of Security and Intelligence Directeur général de la sécurité et des renseignements
Economic Development Agency of Canada for the Regions of Quebec Agence de développement économique du Canada pour les régions du Québec
Employees of the Government of Nunavut (which Government is deemed for purposes of section 37 to be a Public Service corporation) Employés du gouvernement du territoire du Nunavut (gouvernement censé, pour l’application de l’article 37, être un organisme de la fonction publique)
Employees of the Government of Yukon (which Government is deemed for purposes of section 37 to be a Public Service corporation) Employés du gouvernement du Yukon (gouvernement censé, pour l’application de l’article 37, être un organisme de la fonction publique)
Employees of the Government of the Northwest Territories (which Government is deemed for purposes of section 37 to be a Public Service corporation) Employés du gouvernement des Territoires du Nord-Ouest (gouvernement censé, pour l’application de l’article 37, être un organisme de la fonction publique)
Employees of the Office of the Interim Commissioner of Nunavut Employés du Bureau du commissaire provisoire du Nunavut
Energy Supplies Allocation Board Office de répartition des approvisionnements d’énergie
Federal Public Sector Labour Relations and Employment Board Commission des relations de travail et de l’emploi dans le secteur public fédéral
Governor General’s Secretary and Office of the Governor General’s Secretary Secrétaire du gouverneur général et Secrétariat du gouverneur général
Great Lakes Pilotage Authority, Ltd. Administration de pilotage des Grands Lacs, Limitée
Immigration and Refugee Board Commission de l’immigration et du statut de réfugié
Laurentian Pilotage Authority Administration de pilotage des Laurentides
Members of the staff of the Canadian Council of Resource Ministers Membres du personnel du Conseil canadien des ministres des ressources
Members of the staff of the Canadian International Grains Institute Membres du personnel de l’Institut international du Canada pour le grain
Members of the staff of Government House paid by the Governor General from his salary or allowance Employés de la Résidence du gouverneur général rémunérés par celui-ci
Members of the staff of Heritage Canada Membres du personnel de la Société Héritage Canada
Members of the staff of the Parliamentary Centre for Foreign Affairs and Foreign Trade Membres du personnel du Centre Parlementaire pour les Affaires étrangères et le Commerce extérieur
Office of the Commissioner for Federal Judicial Affairs Bureau du commissaire à la magistrature fédérale
Office of the Commissioner of Penitentiaries Bureau du commissaire des pénitenciers
Office of the Superintendent of Financial Institutions Bureau du surintendant des institutions financières
Pacific Pilotage Authority Administration de pilotage du Pacifique
Pension Review Board Conseil de révision des pensions
Petroleum Compensation Board Office des indemnisations pétrolières
Refugee Status Advisory Committee Comité consultatif sur le statut de réfugié
Secretary to the Cabinet for Federal-Provincial Relations and the Federal-Provincial Relations Office Secrétaire du Cabinet pour les relations fédérales-provinciales et Secrétariat des relations fédérales-provinciales
Veterans Review and Appeal Board Tribunal des anciens combattants (révision et appel)

PART III
Boards, Commissions, Corporations and Portions of the Federal Public Administration Deemed to Have Formed Part of the Public Service

A person designated by the Governor in Council to act as a Court for the purposes of the Canadian Citizenship Act , R.S.C. 1970, c. C-19 Personne désignée par le gouverneur en conseil pour agir comme tribunal pour l’application de la Loi sur la citoyenneté canadienne , S.R.C. 1970, ch. C-19
Agricultural Prices Support Board Office des prix agricoles
Agricultural Stabilization Board Office de stabilisation des prix agricoles
Air Transport Board Commission des transports aériens
Airport Inquiry Commission Commission d’enquête sur les aéroports
Allied War Supplies Corporation Allied War Supplies Corporation
Anti-Inflation Appeal Tribunal Tribunal d’appel en matière d’inflation
Anti-Inflation Board Commission de lutte contre l’inflation
Associate Committees of the National Research Council Comités associés du Conseil national de recherches
Biological Board of Canada Conseil biologique du Canada
Board of Commerce Commission du commerce
Board of Grain Commissioners Commission des grains
Board of Review Conseil de revision
Board of Transport Commissioners Commission des transports
British Columbia Security Commission Commission de sécurité de la Colombie-Britannique
Canada Food Board Office des vivres du Canada
Canada Post Corporation Société canadienne des postes
Canada Radio Broadcasting Commission Commission canadienne de radiodiffusion
Canadian Aviation Safety Board Bureau canadien de la sécurité aérienne
Canadian Car Munitions Limited Canadian Car Munitions Limited
Canadian Export Board Commission canadienne des exportations
Canadian Farm Loan Board Commission canadienne du prêt agricole
Canadian Livestock Feed Board Office canadien des provendes
Canadian Maritime Commission Commission maritime canadienne
Canadian Munition Resources Commission (established by Order in Council P.C. 2755, dated November 27, 1915, and by Order in Council P.C. 2806, dated November 30, 1915) Commission canadienne des ressources en munitions (établie par les décrets C.P. 2755 du 27 novembre 1915 et C.P. 2806 du 30 novembre 1915)
Canadian Mutual Aid Board Office canadien de l’aide mutuelle
Canadian Patents and Development Limited Société canadienne des brevets et d’exploitation Limitée
Canadian Shipping Board Commission canadienne de la marine marchande
Canadian Sugar Stabilization Corporation, Ltd. Corporation canadienne de stabilisation du sucre, limitée
Canadian Transport Commission Commission canadienne des transports
Canadian War Museums Board Conseil du musée de guerre canadien
Canadian Wheat Board Commission canadienne du blé
Centennial Commission Commission du Centenaire
Central Appeal Tribunal Tribunal central d’appel
Citadel Merchandising Co. Limited Citadel Merchandising Co. Limited
Civil Service Commission Commission du service civil
Commission of Inquiry Concerning Certain Activities of the Royal Canadian Mounted Police Commission d’enquête sur certaines activités de la Gendarmerie royale du Canada
Commission of Inquiry into Bilingual Air Traffic Services in Quebec Commission d’enquête sur le bilinguisme dans les services de contrôle de la circulation aérienne au Québec
Commission of Inquiry into Certain Allegations Concerning Commercial Practices of the Canadian Dairy Commission Commission d’enquête sur certaines allégations concernant des transactions de la Commission canadienne du lait
Commission of Inquiry into the Marketing of Beef Commission d’enquête sur la mise en marché du boeuf
Commission of Inquiry into the Non-Medical Use of Drugs Commission sur l’usage des drogues à des fins non médicales
Commission of Inquiry on Aviation Safety Commission d’enquête sur la sécurité aérienne
Commission of Inquiry on the Pharmaceutical Industry Commission d’enquête sur l’industrie pharmaceutique
Commission of Inquiry Relating to Public Complaints, Internal Discipline and Grievance Procedure within the Royal Canadian Mounted Police Commission d’enquête sur les plaintes du public, la discipline interne et le règlement des griefs au sein de la Gendarmerie royale du Canada
Commodity Prices Stabilization Corporation Commodity Prices Stabilization Corporation
Cornwall International Bridge Company Limited Cornwall International Bridge Company Limited
Cutting Tools and Gauges Limited Cutting Tools and Gauges Limited
Defence Construction Limited Defence Construction Limited
Defence Industries Limited, employment on or after September 1, 1943, only Defence Industries Limited — emploi le ou après le 1 er septembre 1943 seulement
Defence Purchasing Board Conseil des achats de la défense
Dominion Coal Board Office fédéral du charbon
Dominion Franchise Commissioner, Office of Bureau du commissaire du cens électoral fédéral
Dominion Marketing Board Bureau fédéral d’organisation du marché
Economic and Development Commission Commission sur les questions économiques et le développement
Employees under the Canadian Battlefields Memorials Commission (referred to in Order in Council P.C. 2146, dated September 2, 1920) Employés relevant de la Commission des monuments des champs de bataille nationaux (visés par le décret C.P. 2146 du 2 septembre 1920)
Export Credits Insurance Corporation Société d’assurance des crédits à l’exportation
Export Development Canada Exportation et développement Canada
Farm Credit Canada Financement agricole Canada
Federal Aircraft Limited Federal Aircraft Limited
Federal Appeal Board Bureau fédéral d’appel
Federal District Commission Commission du district fédéral
Fisheries Prices Support Board Office des prix des produits de la pêche
Foreign Exchange Control Board Commission de contrôle du change étranger
Government Contracts Supervision Committee Comité de surveillance des contrats du gouvernement
Harbour Commissions included in the definition “Corporations” in section 2 of The National Harbours Board Act, 1936 Commissions de port comprises dans la définition de « corporations » à l’article 2 de la Loi sur le Conseil des ports nationaux, 1936
Income Tax Appeal Board Commission d’appel en matière d’impôt sur le revenu
Industrial Inquiry Commission concerning matters relating to the disruption of shipping on the Great Lakes, the St. Lawrence River System and connecting waters (established by the Minister of Labour on July 17, 1962) Commission d’enquête industrielle chargée d’examiner les événements qui ont entraîné la désorganisation de la navigation sur les Grands lacs, et dans le réseau du Saint-Laurent et des canaux fluviaux (instituée par le ministre du Travail le 17 juillet 1962)
Inspection Board of the United Kingdom and Canada Commission d’inspection du Royaume-Uni et du Canada
Loto Canada Inc. Loto Canada Inc.
Military Hospital Commission Commission des hôpitaux militaires
Military Service Council Conseil du service militaire
Municipal Development and Loan Board Office du développement municipal et des prêts aux municipalités
National Centennial Administration Administration du centenaire de la nation
National Commission on Inflation Commission nationale de l’inflation
National Energy Board Office national de l’énergie
National Gallery of Canada — service prior to April 1, 1968 Galerie nationale du Canada — service avant le 1 er avril 1968
National Museums of Canada Musées nationaux du Canada
National Transcontinental Railway Commission Commission du Chemin de fer national transcontinental
National War Finance Committee Comité national des finances de guerre
National War Labour Board Conseil national du travail en temps de guerre
Northern Canada Power Commission Commission d’énergie du Nord canadien
Northern Ontario Pipeline Crown Corporation Société d’État Northern Ontario Pipeline
Northwest Territories Power Commission Commission d’énergie des Territoires du Nord-Ouest
Office of the Administrator under the Anti-Inflation Act , S.C. 1974-75-76, c. 75 Bureau du Directeur en vertu de la Loi anti-inflation , S.C. 1974-75-76, ch. 75
Office of the Custodian of Enemy Property Bureau du séquestre (biens ennemis)
Office of the Director of Public Information Bureau du directeur de l’information
Ottawa Branch of the Royal Mint La Division d’Ottawa de la Monnaie royale
Petro-Canada Limited Petro-Canada Limitée
Petroleum Monitoring Agency Agence de surveillance du secteur pétrolier
PPP Canada Inc. PPP Canada Inc.
Prices and Incomes Commission (established by Order in Council P.C. 1969-1249, dated June 19, 1969) Commission d’enquête sur les prix et les revenus (établie par le décret C.P. 1969-1249 du 19 juin 1969)
Purchasing Commission of Canada Commission des achats du Canada
Quebec Shipyards Limited Quebec Shipyards Limited
Research Enterprises Limited Research Enterprises Limited
Restrictive Trade Practices Commission Commission sur les pratiques restrictives du commerce
Royal Canadian Mounted Police — service prior to March 1, 1949, as a special constable, who ceased to be a member of the Force prior to that date and to whom no pension has been granted in respect of that service Gendarmerie royale du Canada — celui qui a servi antérieurement au 1 er mars 1949 en qualité de gendarme auxiliaire, qui a cessé d’être un membre de la Gendarmerie avant cette date et à qui l’on n’a pas accordé de pension à l’égard de ce service
Royal Commission on the Automotive Industry (established by Order in Council P.C. 1960-1047, dated August 2, 1960) Commission royale d’enquête sur l’industrie de l’automobile (établie par le décret C.P. 1960-1047 du 2 août 1960)
Royal Commission on Banking and Finance (established by Order in Council P.C. 1961-1484, dated October 18, 1961) Commission royale d’enquête sur le système bancaire et financier (établie par le décret C.P. 1961-1484 du 18 octobre 1961)
Royal Commission on Bilingualism and Biculturalism Commission royale d’enquête sur le bilinguisme et le biculturalisme
Royal Commission on Broadcasting (established by Order in Council P.C. 1955-1796, dated December 2, 1955) Commission royale d’enquête sur la radio et la télévision (établie par le décret C.P. 1955-1796 du 2 décembre 1955)
Royal Commission on Coal Commission royale d’enquête sur la houille
Royal Commission on Corporate Concentration Commission royale d’enquête sur les groupements de sociétés
Royal Commission on Farm Machinery Commission royale d’enquête relative aux machines agricoles
Royal Commission on Financial Management and Accountability Commission royale sur la gestion financière et l’imputabilité
Royal Commission on Newspapers Commission royale d’enquête sur les quotidiens
Royal Commission to continue the investigation into and concerning price structures in Canada (established by Order in Council P.C. 3109, dated July 8, 1948) Commission royale en vue de poursuivre l’enquête sur le régime des prix au Canada (établie par le décret C.P. 3109 du 8 juillet 1948)
Royal Commission on Cooperatives Commission royale d’enquête sur les coopératives
Royal Commission on Canada’s Economic Prospects (established by Order in Council P.C. 1955-909, dated June 17, 1955) Commission royale d’enquête sur les perspectives économiques du Canada (établie par le décret C.P. 1955-909 du 17 juin 1955)
Royal Commission on Dominion-Provincial Relations (established by Order in Council P.C. 1908, dated August 14, 1937) Commission royale sur les relations fédérales-provinciales (établie par le décret C.P. 1908 du 14 août 1937)
Royal Commission on the Economic Union and Development Prospects for Canada Commission royale d’enquête sur l’union économique canadienne et les perspectives de développement
Royal Commission on Employment of Firemen on Diesel Locomotives (established by P.C. 1957-52, dated January 17, 1957) Commission royale d’enquête concernant l’emploi de chauffeurs sur les locomotives diesel (établie par le décret C.P. 1957-52 du 17 janvier 1957)
Royal Commission on Energy (established by P.C. 1957-1386, dated October 15, 1957) Commission royale d’enquête sur l’énergie (établie par le décret C.P. 1957-1386 du 15 octobre 1957)
Royal Commission to enquire into and examine the Textile Industry (established by Order in Council P.C. 223, dated January 27, 1936) Commission royale d’enquête sur l’industrie textile (établie par le décret C.P. 223 du 27 janvier 1936)
Royal Commission on Government Organization (established by Order in Council P.C. 1960-1269, dated September 16, 1960) Commission royale d’enquête sur l’organisation du gouvernement (établie par le décret C.P. 1960-1269 du 16 septembre 1960)
Royal Commission on the Great Slave Lake Railway (established by Order in Council P.C. 1959-705, dated June 4, 1959) Commission royale d’enquête sur le chemin de fer projeté du Grand lac des Esclaves (établie par le décret C.P. 1959-705 du 4 juin 1959)
Royal Commission on Health Services (established by Order in Council P.C. 1961-883, dated June 20, 1961) Commission royale d’enquête sur les services de santé (établie par le décret C.P. 1961-883 du 20 juin 1961)
Royal Commission on National Development in the Arts, Letters and Sciences (established by Order in Council P.C. 1786, dated April 8, 1949) Commission royale d’enquête sur l’avancement des arts, des lettres et des sciences au Canada (établie par le décret C.P. 1786 du 8 avril 1949)
Royal Commission on Newfoundland Finances Commission royale d’enquête sur les finances de Terre-Neuve
Royal Commission on Pilotage Commission royale d’enquête sur le pilotage
Royal Commission on Price Spreads of Food Products (established by P.C. 1957-1632, dated December 10, 1957) Commission royale d’enquête dans les écarts de prix de denrées alimentaires (établie par le décret C.P. 1957-1632 du 10 décembre 1957)
Royal Commission on Publications (established by Order in Council P.C. 1960-1270, dated September 16, 1960) Commission royale d’enquête sur les publications (établie par le décret C.P. 1960-1270 du 16 septembre 1960)
Royal Commission on Security Procedures Commission royale d’enquête sur la sécurité
Royal Commission on the Status of Women in Canada Commission royale d’enquête sur le statut de la femme au Canada
Royal Commission on Taxation (established by Order in Council P.C. 1962-1334, dated September 25, 1962) Commission royale sur la fiscalité (établie par le décret C.P. 1962-1334 du 25 septembre 1962)
Royal Commission on Terms and Conditions of Foreign Service Commission royale d’enquête sur les conditions de vie et de travail dans le service extérieur
Royal Commission on Transportation (established by Order in Council P.C. 6033, dated December 29, 1948) Commission royale des transports (établie par le décret C.P. 6033 du 29 décembre 1948)
Royal Commission on Transportation (established by Order in Council P.C. 1959-577, dated May 13, 1959) Commission royale des transports (établie par le décret C.P. 1959-577 du 13 mai 1959)
Small Arms Limited Small Arms Limited
Soldier Settlement Board Commission d’établissement de soldats
Task Force on Canadian Unity Groupe de travail sur l’unité canadienne
Tax Appeal Board Commission d’appel de l’impôt
Tax Review Board Commission de révision de l’impôt
Teleglobe Canada Inc., for the period beginning on the day Teleglobe Canada Inc. is incorporated and ending on the day the name of that corporation is deleted from Part I of this Schedule Téléglobe Canada Inc., pour la période commençant le jour de la constitution de Téléglobe Canada Inc. et se terminant le jour de la suppression du nom de cette société de la partie I de la présente annexe
TH (1987) TH (1987)
The Canada Registration Board (established by Order in Council P.C. 404, dated February 23, 1918) Bureau de l’enregistrement national (établi par le décret C.P. 404 du 23 février 1918)
Turbo Research Limited Turbo Research Limited
Veneer Log Supply Limited Veneer Log Supply Limited
Victory Aircraft Limited Victory Aircraft Limited
War Assets Corporation Corporation des biens de guerre
War Claims Commission (established by Order in Council P.C. 4354, dated October 23, 1952) Commission des réclamations de guerre (établie par le décret C.P. 4354 du 23 octobre 1952)
War Committee of the Cabinet Comité de guerre du cabinet
War Purchasing Committee Comité des achats de guerre
War Supplies Limited War Supplies Limited
War Supply Board Commission des approvisionnements de guerre
Wartime Housing Limited Wartime Housing Limited
Wartime Information Board Commission d’information en temps de guerre
Wartime Merchant Shipping Limited Wartime Merchant Shipping Limited
Wartime Metals Corporation Wartime Metals Corporation
Wartime Oils Limited Wartime Oils Limited
Wartime Prices and Trade Board Commission des prix et du commerce en temps de guerre

PART IV
Corporations Declared To Form or to Have Formed Part of the Public Service for Limited Purposes Only

R.S., 1985, c. P-36, Sch. I
R.S., 1985, c. 22 (1st Supp.), s. 11, c. 46 (1st Supp.), s. 10, c. 15 (2nd Supp.), s. 1, c. 19 (2nd Supp.), s. 54, c. 9 (3rd Supp.), ss. 1, 2, c. 18 (3rd Supp.), s. 42, c. 20 (3rd Supp.), s. 39, c. 28 (3rd Supp.), ss. 310, 311
SOR/87-222, 223, 224
R.S., 1985, c. 1 (4th Supp.), ss. 50, 51, c. 7 (4th Supp.), s. 9, c. 28 (4th Supp.), s. 36, c. 41 (4th Supp.), s. 55, c. 47 (4th Supp.), s. 52, c. 54 (4th Supp.), s. 32
1989, c. 3, ss. 49, 50
1990, c. 3, s. 32, c. 13, s. 27
1991, c. 6, s. 26, c. 10, ss. 19, 20, c. 16, s. 25, c. 38, ss. 31, 39
1992, c. 1, ss. 119, 120, c. 37, s. 80
1993, c. 1, ss. 11, 22, 44, c. 28, s. 78, c. 31, s. 27, c. 34, ss. 107, 108
1994, c. 13, s. 11, c. 26, ss. 61, 62
1995, c. 18, ss. 95 to 97, c. 29, s. 37
1996, c. 10, ss. 257, 258, c. 11, ss. 85, 86, c. 16, ss. 52, 53
1997, c. 6, s. 86, c. 9, ss. 119, 120
1998, c. 9, s. 50, c. 15, s. 37, c. 31, s. 60, c. 35, s. 126
1999, c. 17, s. 179, c. 34, s. 114
2000, c. 6, ss. 49, 50, c. 23, s. 22
SOR/2000-168, 246, 287
2001, c. 9, s. 592, c. 22, ss. 20, 21, c. 33, ss. 27, 28, c. 34, s. 81
2002, c. 7, s. 232, c. 17, s. 14
2003, c. 22, ss. 212(E), 213, 214, 250, 259, 260
SOR/2003-234
2004, c. 2, s. 77
SOR/2004-14
2005, c. 26, s. 25, c. 30, s. 92, c. 38, ss. 128, 138
2008, c. 9, s. 13, c. 22, s. 51
2009, c. 31, s. 62
2010, c. 7, s. 12
2012, c. 19, ss. 503, 591, 750
SOR/2012-59
2013, c. 38, ss. 19, 20, c. 40, ss. 461 to 463
2014, c. 39, ss. 167, 168, 380
SOR/2014-188
2017, c. 9, s. 57, c. 20, s. 449
SOR/2018-195
2019, c. 13, s. 40
2019, c. 13, s. 72
2019, c. 28, s. 145
2019, c. 28, s. 146
SOR/2019-301, s. 1
SOR/2019-301, s. 2

SCHEDULE II (Section 56) Single Premium

Age of participant nearest birthday	Amount of Single Premium
Males	Females
65	$310	$291
66	316	298
67	323	306
68	329	313
69	336	320
70	343	328
71	349	335
72	356	342
73	362	349
74	369	356
75	375	363
76	381	370
77	387	377
78	393	383
79	398	389
80	403	395

Public Service Superannuation Act ( R.S.C. , 1985, c. P-36)

Equality of Status

PART I Superannuation

Interpretation

Superannuation

Persons Required to Contribute

Pensionable Service

Elective Pensionable Service: Amount Required to be Paid

Elections

Benefits

Definitions, etc.

Annuities: How Computed

Group 1 Contributors with Less than Two Years of Pensionable Service

Group 2 Contributors with Less than Two Years of Pensionable Service

Group 1 Contributors with Two or More Years of Pensionable Service

Group 2 Contributors with Two or More Years of Pensionable Service

Group 1 and Group 2 Contributors with Two or More Years of Pensionable Service

Air Traffic Controllers

Correctional Service of Canada

Payments to Survivors, Children and Other Beneficiaries

Minimum Benefits

Disability Payments

Persons Re-employed

Medical Examinations

Diversion of Amounts Payable in Certain Cases

Presumption of Death

Special Cases

Transferred Pensionable Newfoundland Employees

Diplomatic and Consular Representatives

Public Service Corporations

Corporations declared to form or to have formed part of the Public Service for limited purposes only

Canadian Forces Superannuation Act and Royal Canadian Mounted Police Superannuation Act

Reciprocal Transfer Agreements

Divestiture of Service

Transfer Agreements

Advisory Committee

Regulations

Payments out of the Account

Amounts

Public Service Superannuation Investment Fund

Public Service Pension Fund

Actuarial Report

Annual Report

PART I.1 Provisions That Apply to Canada Post Corporation

PART II Supplementary Death Benefits

Interpretation

Elections

Contributions

Benefits

Public Service Death Benefit Account

General

PART III Supplementary Benefits

PART IV General

SCHEDULE I (Sections 3 and 47)

PART IBoards, Commissions and Corporations Forming Part of the Public Service

PART IIPortions of the Federal Public Administration Declared for Greater Certainty To Be Part of the Public Service

PART IIIBoards, Commissions, Corporations and Portions of the Federal Public Administration Deemed to Have Formed Part of the Public Service

PART IVCorporations Declared To Form or to Have Formed Part of the Public Service for Limited Purposes Only

SCHEDULE II (Section 56) Single Premium

PART I
Boards, Commissions and Corporations Forming Part of the Public Service

PART II
Portions of the Federal Public Administration Declared for Greater Certainty To Be Part of the Public Service

PART III
Boards, Commissions, Corporations and Portions of the Federal Public Administration Deemed to Have Formed Part of the Public Service

PART IV
Corporations Declared To Form or to Have Formed Part of the Public Service for Limited Purposes Only