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

PART IISupplementary Death Benefits

Interpretation

Marginal note:Definitions

• 47 (1) In this Part,

  basic benefit

  basic benefit, 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,

  • (b) subject to paragraphs (c) and (d), in the case of an elective participant who, on ceasing to be employed in the public service, on ceasing to be a member of the regular force 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, the basic benefit shall not be less than ten thousand dollars,

  • (c) in the case of an elective participant who makes an election under subsection 52(2), the basic benefit shall be five hundred dollars,

  • (d) in the case of an elective participant who makes an election under subsection 52(2.1), the basic benefit shall be five thousand dollars, and

  • (e) in the case of an elective participant who makes an election under subsection 52(2.2), the basic benefit shall be 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 attained by the participant; (prestation de base)

  benefit

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

  Crown corporation

  Crown corporation 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)

  elective

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

  immediate annual allowance

  immediate annual allowance 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)

  participant

  participant means

  • (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)

  public board

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

  regular force participant

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

  salary

  salary means

  • (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)

• Marginal note:Other words and expressions

  (2) In this Part, words and expressions other than those mentioned in subsection (1) have the same meaning as in Part I.

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.

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.

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.

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.

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.

• Marginal note:Idem

  (3) An election under subsection (1) or (2) shall be deemed not to take effect until the expiration of the period of thirty days mentioned in paragraph (2)(a).

• Marginal note:When regular force participant deemed participant

  (4) Despite anything in this Part, a participant who becomes a regular force participant ceases to be a participant under this Part, but if on ceasing to be a regular force participant they are not entitled to an immediate annuity or an immediate annual allowance under the Canadian Forces Superannuation Act and are entitled to an immediate annuity or an immediate annual allowance under Part I, they are deemed to have elected under subsection (1) to continue to be a participant under this Part.

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.

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.

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.