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

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.

• Marginal note:Election to pay by instalments

  (3) Where a contributor who is entitled to a transfer value has elected to pay for a period of pensionable service by means of instalments, the transfer value to which that contributor may become entitled under subsection (1) shall be determined in accordance with the regulations and by reference to the portion of the period of pensionable service that the contributor has paid for at the time the transfer value becomes payable.

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).

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).

• Marginal note:Deemed inclusion

  (2) For the purposes of this section, paragraph (c) of the definition return of contributions in subsection 10(1) is deemed to include a reference to the total payment made pursuant to an agreement entered into under section 40 or 40.2.

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.

14 [Repealed, 1992, c. 46, s. 11]

Air Traffic Controllers

Marginal note:Definitions

15 In sections 16 to 24,

air traffic controller

air traffic controller 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)

operational service

operational service 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)

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.

• Marginal note:Deemed exercise of option

  (2) Where, under paragraph (1)(a), an air traffic controller is entitled at his option to an immediate annuity, he shall be deemed to have exercised his option under that paragraph in favour of an immediate annuity if he fails within one year from the time he became so entitled to exercise an option under subsection 13(1) in respect of the same service.

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.

• Marginal note:Employment in public service following operational service

  (2) Notwithstanding any other provision of this Act, where an air traffic controller referred to in subsection (1) is, following his operational service, employed in the public service in other than operational service and has not received a benefit pursuant to subsection (1) or subsection 13(1) in respect of his operational service, he is entitled, at his option, to an annuity equal to the amount of the immediate annuity or annual allowance that would have been payable to him under subsection (1) had he ceased to be employed in the public service when he terminated his operational service in respect of up to a maximum of fifty per cent of his operational service that is pensionable service, payable immediately on his exercising his option.

• Marginal note:Deferred portion of benefits

  (3) Where an air traffic controller exercises his option under subsection (2) and ceases to be employed in the public service, he is entitled to exercise an option under subsection (1) in respect of his operational service that is pensionable service for which he has not exercised an option under subsection (2).

• Marginal note:Deemed exercise of option

  (4) Where, under paragraph (1)(a), an air traffic controller is entitled at his option to an immediate annuity, he shall be deemed to have exercised his option under that paragraph in favour of an immediate annuity if he fails within one year from the time he became so entitled to exercise an option under subsection 13(1) in respect of the same service.

• (5) [Repealed, 1999, c. 34, s. 68]

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

minus

• (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.

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.

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).

• Marginal note:Salary on which contributions based

  (2) For the purposes of paragraph (1)(b), the salary of a contributor is the salary at the rate authorized to be paid to him

  • (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.

• Marginal note:Manner of payment

  (3) Subsection 8(6) applies with such modifications as the circumstances require in respect of amounts required to be paid under subsection (1).

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.

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).

• Marginal note:Idem

  (2) Where a contributor referred to in subsection (1), on ceasing to be re-employed in the public service, exercises his 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,

  • (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.

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.