Pension Increase Regulations, 1958 (SOR/58-417)

Short Title

1 These Regulations may be cited as the Pension Increase Regulations, 1958.

Interpretation

2 In these Regulations,

child

child means a person who is in receipt of a pension as the child of a person who was an employee and, unless the context otherwise requires, does not include an orphan; (enfant)

employee

employee means a person who was

• (i) employed in the public service of Canada,

• (ii) a member of the forces, or

• (iii) a member of the Royal Canadian Mounted Police Force; (employé)

forces

forces has the same meaning as in paragraph (d) of subsection (1) of section 45 of the Defence Services Pension Act; (forces)

orphan

orphan means a child who is bereft or was deemed to have been bereft by death of his parents; (orphelin)

pension

pension, with reference to a recipient, means the pension, allowance or annuity that is or was calculated on the basis of length of service of the employee to or in respect of whom it was granted or is payable and that was granted or is payable pursuant to

• (i) Part I of the Civil Service Superannuation and Retirement Act,

• (ii) the Civil Service Superannuation Act,

• (iii) An Act to provide for the Retirement of certain Members of the Public Service (c. 67 of the statutes of 1920),

• (iv) The Civil Servants Widows Annuities Act, 1927,

• (v) subsection (2) of section 15 of the Currency, Mint and Exchange Fund Act,

• (vi) the Royal Canadian Mounted Police Act (other than Part IV),

• (vii) the Defence Services Pension Act,

• (viii) the Public Service Superannuation Act,

• (ix) the Pension Plan of the National Harbours Board, or

• (x) an Appropriation Act of the Parliament of Canada that, in the opinion of the Treasury Board, provides for a pension calculated on the basis of length of service of the employee to or in respect of whom it was granted or is payable; (pension)

recipient

recipient means

• (i) an employee,

• (ii) a widow,

• (iii) a child, or

• (iv) an orphan,

who is in receipt of a pension; (bénéficiaire)

widow

widow means a person who is in receipt of a pension as the widow of a person who was an employee. (veuve)

Increases

3 Subject to these Regulations, the annual rate at which the pension of a recipient is payable shall be increased by the lesser of the following rates, namely,

• (a) an annual rate determined by multiplying the lesser of

  • (i) the annual rate at which the pension is payable, or

  • (ii) the annual rate specified for such recipient in Column I of Schedule B,

  by the percentage figure in Column II, III, IV, V, VI or VII (whichever is appropriate) of Schedule A that is directly opposite the description of the period in Column I of Schedule A that includes the latest period of service of the employee to or in respect of whom the pension was granted or is payable that was used to calculate the pension, or

• (b) an annual rate that when added to the annual rate at which the pension is payable totals the annual rate specified for such recipient in Column II of Schedule B,

but in no case shall the annual rate at which the pension of a recipient is payable be increased if that rate exceeds the annual rate specified for such recipient in Column II of Schedule B.

4 The amount by which the pension of a recipient is increased pursuant to these Regulations shall be paid at the same time, in the same manner, during or in respect of the same period and subject to the same terms and conditions, including termination of payment, as the pension of the recipient.

General

5 No increase shall be made pursuant to these Regulations in the annual rate at which the pension of a recipient is payable during or in respect of any period when the recipient is a person who is paid salary, wages or pay and allowances out of the Consolidated Revenue Fund or by an agent of Her Majesty in right of Canada.

6 Where a recipient was a transferred pensionable Newfoundland employee (as defined in the Public Service Superannuation Act) and made an election under the Civil Service Superannuation Act and the Regulations thereunder not to count his Newfoundland service (as defined in the Public Service Superannuation Act) as service in the Civil Service, no increase shall be made pursuant to these Regulations in the rate at which any pension of the recipient is payable except in the case where the pension was calculated on the basis of service other than Newfoundland service.

• 7 (1) Where a recipient is in receipt of more than one pension, no increase shall be made pursuant to these Regulations in the annual rate at which any pension of the recipient is payable if the total of all the pensions, computed at an annual rate, exceeds the annual rate specified for such recipient in Column II of Schedule B.

• (2) Where a recipient is in receipt of two pensions and the total of the pensions, computed at an annual rate, does not exceed the annual rate specified for such recipient in Column II of Schedule B, each pension, subject as hereinafter provided, shall be increased in accordance with the following rules:

  • (a) if the annual rate at which the first pension of the recipient is payable is equal to or exceeds the annual rate specified for such recipient in Column I of Schedule B, the annual rate at which the first pension of the recipient is payable shall be increased in accordance with section 3, but no increase shall be made pursuant to these Regulations in the annual rate at which the second pension of the recipient is payable; and

  • (b) if the annual rate at which the first pension of the recipient is payable is less than the annual rate specified for such recipient in Column I of Schedule B, the annual rate at which the second pension of the recipient is payable shall be increased in accordance with section 3, and

    • (i) if the aggregate of the annual rate at which the second pension of the recipient is payable, together with the annual rate at which the first pension of the recipient is payable, does not exceed the annual rate specified for such recipient in Column I of Schedule B, the annual rate at which the second pension of the recipient is payable shall be increased in accordance with section 3, and

    • (ii) if the aggregate of the annual rate at which the second pension of the recipient is payable, together with the annual rate at which the first pension of the recipient is payable, exceeds the annual rate specified for such recipient in Column I of Schedule B, the annual rate at which the second pension of the recipient is payable shall, for the purposes of these Regulations, be deemed to be payable at a rate equal to the annual rate determined by subtracting from the annual rate specified for such recipient in Column I of Schedule B, the annual rate at which the first pension of the recipient is payable and the rate so determined shall be increased in accordance with section 3,

  but the aggregate of the pensions of the recipient and the increases, computed at an annual rate, shall in no case exceed the annual rate specified for such recipient in Column II of Schedule B.

• (3) Where a recipient is in receipt of more than two pensions and the total of all the pensions, computed at an annual rate, does not exceed the annual rate specified for such recipient in Column II of Schedule B, each pension shall be increased by such rate as the Treasury Board determines, but the aggregate of all the increases, computed at an annual rate, shall in no case exceed the lesser of

  • (a) the annual rate specified for such recipient in Column III of Schedule B, or

  • (b) an annual rate that when added to the aggregate of the annual rates at which the pensions are payable totals the annual rate specified for such recipient in Column II of Schedule B.

• (4) In this section,

  first pension

  first pension, with reference to a recipient, means the pension of the recipient in the calculation of which the latest period of service of the employee to or in respect of whom the pension was granted or is payable that was used is earlier in time than the latest period of his service that was used to calculate the second pension of the recipient; (première pension)

  second pension

  second pension, with reference to a recipient, means the pension of the recipient other than the first pension. (seconde pension)

8 Notwithstanding anything in these Regulations, where the recipient is a person who was an employee and is a widow and is in receipt of pensions as such, no increase shall be made pursuant to these Regulations in the annual rate at which any pension of the recipient is payable unless the total of all the pensions, computed at an annual rate, does not exceed three thousand dollars, in which case, each pension shall be increased in accordance with section 3, but the aggregate of all the increases, computed at an annual rate, shall in no case exceed the lesser of

• (a) an annual rate that when added to the aggregate of the annual rates at which the pensions are payable totals three thousand dollars, or

• (b) an annual rate, not exceeding six hundred and forty dollars, determined by the Treasury Board.