Annuities Agents Pension Regulations (C.R.C., c. 319)

11 When by these Regulations the widow of a contributor is entitled to an annual allowance herein specified, payment of the allowance shall be suspended in the event of her remarriage but shall be resumed in the event of the death of her husband by that marriage, but, in lieu of any further claim to payment of the allowance, an amount equal to the return of contributions less the total amount of the payments made to the contributor or to his widow under these Regulations may be paid to the widow, upon request by her to the Minister in writing, at any time before the death of her husband by that marriage.

12 If, upon the death of a contributor, it appears to the Treasury Board that the widow of the contributor had, for a number of years immediately prior to his death, been living apart from him under circumstances that would have disentitled her to an order for separate maintenance under the laws of the province in which the contributor was ordinarily resident, and if the Treasury Board so directs, having regard to the surrounding circumstances, including the welfare of any children involved, she shall be deemed, for the purposes of these Regulations, to have predeceased the contributor.

• 13 (1) Notwithstanding anything in these Regulations, the widow of a contributor is not entitled to any annual allowance under these Regulations if that contributor married after having become entitled under these Regulations to an annuity, unless, subsequent to his marriage, he became or continued to be a contributor under these Regulations.

• (2) Notwithstanding anything in these Regulations, where a contributor dies within five years after his marriage, having been a contributor under these Regulations at the time of his marriage or at any time since his marriage, the amount of any annual allowance to which his widow may be entitled under these Regulations shall, if the Treasury Board is not satisfied that anticipation of impending death was not a consideration affecting the agreement to marry, be reduced by

  • (a) 100 per cent, if the contributor dies within one year after his marriage,

  • (b) 98 per cent, if the contributor dies within the 13th month after his marriage,

  • (c) 96 per cent, if the contributor dies within the 14th month after his marriage,

  and so on, by like progressions, until the 60th month after his marriage, but not thereafter.

• (3) Notwithstanding anything in these Regulations, the amount of any annual allowance to which the widow of a contributor may be entitled under these Regulations shall, if the age of the contributor exceeded that of his widow by 20 or more years, be reduced so that the ratio of the reduced allowance to the allowance is equal to the ratio of the value of a life annuity of $1 per annum to a person aged 20 years less than the contributor at the date of his death to the value of a life annuity of $1 per annum to a person of the age of the widow at that date.

• (4) For the purposes of subsection (3), the value of a life annuity of $1 per annum shall be calculated in accordance with a(f) Ultimate Table, together with interest at the rate of four per cent per annum.

Benefits, How Payable

• 14 (1) Subject to these Regulations, where an annuity or annual allowance becomes payable under these Regulations, it shall be paid in equal monthly instalments commencing on the first day of the month coincident with or immediately following the day on which the recipient becomes entitled thereto and it shall continue to be paid on the first day of each month thereafter until the first day of the month during which the recipient dies and any amount in arrears thereof that remains unpaid at any time after his death shall, in the case of an annuity payable to a contributor who died leaving a widow, be paid in a lump sum as though that amount were a return of contributions to which his widow is entitled under these Regulations, and shall, in any other case, be paid to the recipient’s estate or, if less than $500, as the Treasury Board may direct.

• (2) Where a contributor or the widow of a contributor requests that an annuity or annual allowance be paid otherwise than in equal monthly instalments, or where the Minister is of opinion that the payment of an annuity or annual allowance in equal monthly instalments is not practicable, the Minister may direct, if such direction does not result in the payment of an aggregate amount greater than the aggregate amount of equal monthly instalments otherwise payable in accordance with subsection (1), that the annuity or annual allowance be paid, in arrears in equal instalments, quarterly, semi-annually or annually.

• (3) Where a contributor has become entitled under these Regulations to an annuity or an annual allowance the monthly instalments of which would amount to less than $10 each, there may be paid to that contributor, upon request by him to the Minister in writing within three months from the time when he became so entitled, an amount determined in accordance with subsection (4) to be the capitalized value of the said annuity, which payment shall be in lieu of any other benefit under these Regulations.

• (4) Where pursuant to these Regulations an annuity may be capitalized, the capitalized value shall be computed, where the contributor ceases to be engaged as an agent by reason of

  • (a) age, according to the bases set out in a(f) and a(m) Ultimate Table together with interest at the rate of four per cent per annum; and

  • (b) illness, according to the mortality basis set out in the Actuarial Report on the Superannuation Account, 1947, together with interest at the rate of four per cent per annum.

• (5) For the purposes of subsection (4), the mortality basis set out in the Actuarial Report on the Superannuation Account, 1947, means the select mortality rates derived from the 1924-1947 experience of Public Service ill-health pensioners for use in the 1947 valuation of the Superannuation Account, examples of which appear on page 9 of the Report on Actuarial Examination of the Superannuation Account in the Consolidated Revenue Fund for the period March 31, 1931, to December 31, 1947.

Residual Amounts

15 Where, upon the death of a contributor, there is no widow to whom an allowance provided in these Regulations may be paid, or where the widow to whom such allowance may be paid dies or ceases to be entitled thereto and no other amount may be paid to her under these Regulations, any amount by which the amount of a return of contributions exceeds the aggregate of all amounts paid to the widow and to the contributor under these Regulations shall be paid to the contributor’s estate, or, if less than $500, as authorized by the Treasury Board.

Disability Payments

• 16 (1) A contributor is not entitled to an annuity under these Regulations in respect of a disability unless

  • (a) he has undergone a medical examination; and

  • (b) the Medical Services Branch, National Capital Zone of the Department of National Health and Welfare has certified that he is disabled.

• (2) A contributor who

  • (a) is less than 65 years of age, and

  • (b) is in receipt of an annuity payable under these Regulations in respect of a disability previously incurred by him,

  shall undergo medical examinations until he reaches 65 years of age at such times and at such places as the Minister may determine.

• (3) Where a contributor who has undergone a medical examination in accordance with subsection (2) is certified by the Medical Services Branch, National Capital Zone of the Department of National Health and Welfare, to have regained his health or to be capable of performing the duties of an agent, payment of the annuity shall be suspended but shall be resumed, subject to these Regulations, at such time as he reaches 65 years of age, or again becomes disabled.

• (4) A report in accordance with the form prescribed by the Minister concerning each medical examination undergone by a contributor to whom subsection (1) or (2) applies shall be made to the Minister as soon as practicable after the medical examination is conducted.

• (5) Unless otherwise determined by the Minister, a medical examination required by these Regulations shall be undergone at the expense of the contributor.

Diversion of Amounts Payable in Certain Cases

• 17 (1) Where any court in Canada of competent jurisdiction has made an order requiring a recipient to pay an amount to his spouse, former spouse, child or other dependent and the court has issued to the Minister a notice, in a form prescribed by the Minister, requesting him on behalf of the recipient to pay to the person named in the order an amount specified in the notice, the amount so specified or any lesser amount specified by the Minister shall, if the Minister so directs, be deducted either in a lump sum or in instalments from any amount that is or is about to become payable to the recipient under these Regulations and shall be paid to the person named in the order.

• (2) Where a contributor or a person to whom any benefit has become payable under these Regulations, has disappeared under circumstances that, in the opinion of the Minister, raise beyond a reasonable doubt a presumption that he is dead, the Minister may issue a certificate declaring that such person is presumed to be dead and stating the date upon which his death is presumed to have occurred, and upon the issue of the certificate such person shall be deemed, for all purposes of these Regulations, to have died on the date so stated in the certificate.

• (3) Where, for any reason, a recipient is unable to manage his own affairs, or where he is incapable of managing his own affairs and there is no person entitled by law to act as his committee, the Minister may pay to any person designated by the Treasury Board to receive payment on behalf of the recipient any amount that is payable to the recipient under these Regulations.

• (4) For the purpose of these Regulations, any payment made by the Minister pursuant to subsection (1) or (3) is deemed to be a payment to the recipient in respect of whom such payment is made.

Contributors Re-engaged as Agents or Employed in the Public Service

18 If a contributor who is entitled to an annuity under section 9 is re-engaged as an agent or becomes employed in the Public Service, whatever right or claim he may have under these Regulations to payment of the said annuity shall, with respect to the period during which he continues to be so engaged as an agent or employed in the Public Service, be suspended until such time as he ceases to be so engaged or employed.

• 19 (1) Subject to the Public Service Superannuation Act, where a contributor who ceases to be engaged as an agent to become employed in the Public Service elects to count his service as an agent, or any portion thereof, as service in pensionable employment for purposes of the Public Service Superannuation Act, the Minister of Finance may transfer into the Superannuation Account to the credit of the contributor

  • (a) an amount equal to the total amount paid into the Annuities Agents Pension Account in respect of that contributor, except any portion thereof so paid by Her Majesty in right of Canada;

  • (b) such amount paid into the Annuities Agents Pension Account in respect of that contributor by Her Majesty in right of Canada as the Minister of Finance determines; and

  • (c) such amount representing interest as the Minister of Finance determines.

• (2) Upon the Minister of Finance making a transfer in accordance with subsection (1), the contributor in respect of whom the transfer is made ceases to be entitled to any other benefit under these Regulations.

Contributor Convicted of an Indictable Offence

20 Where a contributor is convicted of an indictable offence committed by him while engaged as an agent, if the Treasury Board is of the opinion that the commission of the offence by the contributor constituted misconduct in office, any annuity payable under these Regulations to or in respect of the contributor shall be reduced by such amount as the Treasury Board, in its discretion, considers appropriate.

Proof of Age, Death or Marital Status

• 21 (1) For the purposes of these Regulations the age, death or marital status of a contributor or of the widow of a contributor shall be proved by forwarding to the Minister such evidence of age, death or marital status as the Minister, from time to time, considers appropriate.

• (2) The Minister, in any case in which he considers it necessary or advisable in connection with the administration of these Regulations, may require any person to submit to him a statutory declaration setting out the facts that the Minister considers relevant in that case.

• (3) Notwithstanding anything in these Regulations, no benefits shall be paid under these Regulations until the evidence required by the Minister in accordance with subsections (1) and (2) has been received by him.

Elections

22 The exercise of an option and a request to the Minister under these Regulations by a contributor, or by the widow of a contributor, shall be evidenced in writing in the form prescribed by the Minister and signed by the person making the election or request and the original thereof shall be

• (a) sent by registered mail to the Minister, or

• (b) delivered or sent by registered mail to a person designated by the Minister

within the time prescribed by these Regulations for the making of the election or the forwarding of the request.

Benefits Not Assignable

23 Annuities or other benefits payable under these Regulations are not capable of being assigned, charged, attached, anticipated or given as security and any transaction purporting to assign, charge, attach, anticipate or give as security any annuity or other benefit is void.