GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canadian Forces Superannuation Regulations — 16.98
16.98 (1) Interest shall be calculated, in accordance with the rate determined under subsections (2) and (3), and converted to an effective annual rate, for the period beginning on the date of the option and ending on the last day of the month before the month in which the transfer value is paid or, if the contributor has not yet given the direction referred to in subsection 22(2) of the Act, ending 90 days after the date of the option. (2) The rate of interest is equal to the rate of return that existed in respect of the second quarter before the date of the option and set out in the table entitled “ Balanced ” on the line “ Mercer Median ” in the column entitled “ 3 Months ” in the Summary of Investment Performance Survey of Canadian Institutional Pooled Funds , published by Mercer Investment Consulting, as amended from time to time. (3) If the rate of return is negative, the rate of interest is 0.0%. SOR/2007-33, s. 9
Canadian Forces Superannuation Regulations — 16.99
16.99 If a division of a contributor’s pension benefits is effected under the Pension Benefits Division Act before the day on which payment of a transfer value is effected, the transfer value shall be reduced to take into account the adjustment to the pension benefits made in accordance with section 21 of the Pension Benefits Division Regulations . SOR/2007-33, s. 9
Canadian Forces Superannuation Regulations — 17
17 For the purposes of subsection 31(2) of the Act, if a child was born to a person at a time when that person was over 60 years of age and, after that time, that person did not become or continue to be a contributor, the child is not entitled to an allowance under the Act unless the child was born following a gestation period that commenced prior to the date when the contributor attained the age of 60 years or ceased to be a member of the regular force, whichever is later. SOR/92-717, ss. 2, 10; SOR/2016-64, s. 28
Canadian Forces Superannuation Regulations — 18
18 For the purposes of paragraph 25(5)(b) of the Act, “full-time attendance at a school or university” means enrolment in and pursuance of a full-time course of training or instruction given by a school, college, university or other institution of an educational, professional or technical nature and, for these purposes, full-time attendance includes situations in which the child (a) is again enrolled in and pursuing a full-time course of study, or dies, no later than the last day of the fifth month after the month in which the child ceased to be enrolled in and to pursue the full-time course of study; or (b) is not again enrolled in and pursuing a full-time course of study within that period owing to their illness and is again enrolled in and pursuing a full-time course of study, or dies, no later than the last day of the twelfth month after the month in which the child ceased to be enrolled in and to pursue the full-time course of study. SOR/92-717, s. 10; SOR/2007-33, s. 10
Canadian Forces Superannuation Regulations — 19.1
19.1 Notwithstanding subsection 25(4) of the Act, a child of a contributor who dies after May 15, 1997 is not entitled to an annual allowance under section 25 of the Act unless, at the time of the contributor’s death, the child was dependent on the contributor for support. SOR/97-255, s. 3
Canadian Forces Superannuation Regulations — 20
20 (1) The following are prescribed as evidence for the purpose of paragraph 50(1)(k) of the Act: (a) a document signed by the contributor stating that they have not become entitled to a disability pension payable under paragraph 44(1)(b) of the Canada Pension Plan or a similar provision of the Quebec Pension Plan ; and (b) a certificate signed by or on behalf of the Minister charged with the administration of the Canada Pension Plan or the President of the Quebec Pension Board, whichever is appropriate, certifying that the contributor named therein has not become entitled to a disability pension payable under paragraph 44(1)(b) of the Canada Pension Plan or a similar provision of the Quebec Pension Plan . (2) A contributor who is a member of the Canadian Forces on June 10, 1976, and who subsequently ceases to be a member of the Canadian Forces shall provide the evidence referred to in paragraph (1)(a) prior to the date on which the contributor is entitled to an annuity under the Act. (3) and (4) [Repealed, SOR/2016-64, s. 30] SOR/92-717, s. 10; SOR/2016-64, ss. 30, 55(E)
Canadian Forces Superannuation Regulations — 22
22 For the purposes of subsections 11(1) and (2) of the Act, where a person in receipt of an annuity or annual allowance requests that it be paid otherwise than in equal monthly instalments, or where the payment of an annuity or annual allowance in equal monthly instalments is not practicable for administrative reasons, 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 the said subsections, that the annuity or annual allowance shall be paid in arrears (a) in equal instalments quarterly or semi-annually; or (b) annually. SOR/86-1079, s. 1; SOR/92-717, s. 10
Canadian Forces Superannuation Regulations — 22.1
22.1 (1) For the purposes of subsection 41(2) of the Act, the benefits to which a contributor is entitled are (a) the original annuity within the meaning of subsection 41(1) of the Act; and (b) an amount equal to the total of their contributions under the Act in respect of the period of their service in the regular force after their re-enrolment or transfer. (2) Subsection (1) does not apply to members of the reserve force referred to in paragraph 8.1(1)(c) and subsection 8.1(3). SOR/95-570, s. 1; SOR/2001-76, s. 5(F); SOR/2007-33, s. 11; SOR/2008-307, s. 12(F); SOR/2016-64, s. 31 SOR/2025-256, s. 24
Canadian Forces Superannuation Regulations — 23
23 (1) If a contributor received erroneous or misleading information in writing with respect to the amount to be paid or the consequences on their benefits resulting from one of the following options or the following election, from a person whose normal duties include giving information about those matters, and the contributor, in exercising the option or making the election, acted on that information, the contributor may revoke it: (a) an option exercised under subsection 18(1) or 19(1) of the Act, section 67 of An Act to amend the Canadian Forces Superannuation Act and to make consequential amendments to other Acts chapter 26 of the Statutes of Canada, 2003, or section 8.2 or 16.8 of these Regulations; (b) an option deemed to have been exercised under subsection 23(2) or (3) of the Act; or (c) a top-up election made under section 14.2. (2) The contributor who revokes an option may exercise a new option under the provisions (a) referred to in paragraph (1)(a); or (b) that were available to the contributor on the day before the day on which the option referred to in paragraph (1)(b) was deemed to have been exercised. (3) The contributor who revokes a top-up election made under section 14.2 may make a new election under that provision. SOR/92-717, s. 10; SOR/2016-64, s. 32
Canadian Forces Superannuation Regulations — 24
24 (1) The options and election referred to in section 23 may only be revoked if (a) the contributor submits an application for revocation within 90 days after the day on which they became aware that erroneous or misleading information was received by them; (b) the application for revocation is made in writing, dated and signed and sent to the Minister, or a person designated by the Minister, within one week after the date that it bears; (c) the contributor establishes that, in exercising the option or making the election, they acted on the erroneous or misleading information without which they would have made a different choice of benefit or would have exercised the option or made the election at a different time; (d) there is a difference of at least 5% between the actual amount of the benefit and the amount that the erroneous or misleading information had indicated that the contributor would be entitled to receive; and (e) subject to section 26, any payment made to the contributor, in respect of any benefit paid to them as a consequence of the option or election that they are applying to revoke, is repaid by the contributor no later than 120 days after the date of the notice informing the contributor of the amount to be repaid. (2) The contributor who exercises a new option or makes a new election shall include it with the application for revocation. (3) The date of the sending of the application for revocation, and the date of the new option or the new election, if one is exercised or made, is the day on which it is delivered or, if it is sent by mail, the day on which it is mailed, and the postmark is evidence of that day. SOR/86-1079, s. 2; SOR/92-717, s. 10; SOR/2016-64, s. 32
Canadian Forces Superannuation Regulations — 25
25 If a new option is exercised under subsection 23(2) or a new election is made under subsection 23(3), it shall be effective on the date that (a) the revoked option was exercised or the revoked election was made; (b) the option would have been exercised or the election would have been made, if the contributor has established, under paragraph 24(1)(c), that they would have exercised or made it on a different date; or (c) the contributor ceased to be a member of the regular force, in the case of the deemed option referred to in paragraph 23(1)(b). SOR/2016-64, s. 32
Canadian Forces Superannuation Regulations — 26
26 If the new option or the new election results in the payment of an annuity or annual allowance and if the repayment by the contributor of the payment referred to in paragraph 24(1)(e) within the period specified in that paragraph will cause financial hardship to the contributor, the repayment shall be made in monthly instalments deducted from the annuity or annual allowance beginning the month after the date of the notice referred to in that paragraph. The deductions shall not be less than 10% of the gross monthly amount of the annuity or annual allowance. SOR/2016-64, s. 32
Canadian Forces Superannuation Regulations — 27
27 For the purposes of section 89 of the Act, any debit balance in the pay account of a former member of the regular force or of the reserve force shall be recovered (a) from any return of contributions or a transfer value to which the former member is entitled, in a lump sum; or (b) from any annuity or annual allowance to which the former member is entitled, (i) by monthly instalments in an amount equal to 10% of their gross monthly annuity or allowance, or (ii) by monthly instalments in an amount equal to 50% of their gross monthly annuity or allowance, if they have been convicted of an offence under the Criminal Code or the National Defence Act that led, directly or indirectly, to the debit balance. SOR/92-717, s. 10; SOR/2016-64, s. 32
Canadian Forces Superannuation Regulations — 27.1
27.1 (1) When a contributor exercises an option under subsection 18(1) or 19(1) of the Act, section 67 of An Act to amend the Canadian Forces Superannuation Act and to make consequential amendments to other Acts , being chapter 26 of Statutes of Canada, 2003, or section 8.2 or 16.8 of these Regulations, or makes a top-up election under section 14.2 of these Regulations, it is valid only if it is (a) exercised or made in writing, and signed and dated by the contributor; and (b) sent to the Minister within one week after the date that it bears. (2) The option is exercised and the election is made on the date that it bears, except that an option exercised under subsection 19(1) of the Act before or on the day on which the contributor ceases to be a member of the regular force is exercised on the day after the day on which the contributor ceases to be a member of the regular force. (3) The date of the sending of the option or election is the day on which it is delivered or, if it is sent by mail, the day on which it is mailed, and the postmark is evidence of that day. (4) A top-up election may be made only while the contributor is a member of the regular force. SOR/2007-33, s. 12; SOR/2008-307, s. 13; SOR/2016-64, s. 53
Canadian Forces Superannuation Regulations — 27.2
27.2 (1) For the purposes of Part I of the Act, in respect of any election made by a contributor member of the reserve force to pay for a period of service of a kind referred to in any of paragraphs 12.2(1)(a) to (f) and (i) to (m) or to repay, under subsection 12.6(1), the amount of the annuity or annual allowance that they received, the following conditions apply: (a) it must be made while the contributor is a member of the regular force; (b) it must be evidenced in writing, and dated and signed by the contributor; and (c) the original document must be sent to the Minister, or to a person designated by the Minister, within one week after the date of the election. (2) The date of the election is the date that the document evidencing it bears. (3) The date of the sending of the document is the day on which it is delivered or, if it is sent by mail, the day on which it is mailed, and the postmark is evidence of that day. SOR/2007-33, s. 12; SOR/2016-64, ss. 33, 53 SOR/2025-256, s. 25
Canadian Forces Superannuation Regulations — 28
28 (1) Where an amount has been paid in error under Part I of the Act to a person on account of any annuity or annual allowance and the Minister directs that the amount be repaid by way of deductions from any subsequent payments of that annuity or annual allowance, that person shall forthwith be notified of the amount that has been paid in error and the manner in which the amount is to be recovered. (2) The amount referred to in subsection (1) shall be recovered by monthly instalments deducted from any annuity or annual allowance payable to that person for a period equal to the lesser of (a) the life expectancy of that person, and (b) the period required to pay the amount in monthly instalments equal to 10 per cent of the gross monthly amount of the annuity or annual allowance calculated as of the date of the Minister’s direction, in accordance with Canadian Life Table Number 2 (1941), Males or Females, as the case may be. SOR/2025-256, s. 37(F)
Canadian Forces Superannuation Regulations — 29
29 A person from whose annuity or annual allowance deductions are being made under section 28 may, at any time, pay the amount then owing (a) in a lump sum; (b) by larger monthly instalments on a basis similar to that described in subsection 28(2); or (c) by a lump sum payment and by monthly instalments on a basis similar to that described in subsection 28(2) and payable within the same or a lesser period than that originally set out. SOR/2025-256, s. 36(E)
Canadian Forces Superannuation Regulations — 30
30 If, under subsection 28(2), deductions are to be made by monthly instalments from a person’s annuity or annual allowance, the first deduction must be made in the month specified by the Minister and the succeeding ones must be made in equal amounts, except for the last one, which may be less in amount than the preceding deductions. SOR/2025-256, s. 26(E)
Canadian Forces Superannuation Regulations — 31
31 Despite subsection 28(2), if the deductions by monthly instalments referred to in that subsection would, in the opinion of the Minister, cause financial hardship to the person to whom the annuity or annual allowance is payable, the Minister may direct that lesser monthly instalments be deducted, but such instalments must not in any case be less than the greater of 5% of the gross monthly annuity or annual allowance and $1. SOR/2025-256, s. 26(E)
Canadian Forces Superannuation Regulations — 32
32 If the Minister directs, under section 31, that lesser deductions be made and the person in respect of whom the lesser deductions are being made dies before the amount is paid in full, the amount remaining unpaid is to be, if the Minister so directs, retained from any further benefits payable under the Act in respect of that person. SOR/86-1079, s. 3(F) SOR/2025-256, s. 26(E)
Canadian Forces Superannuation Regulations — 34
34 For the purposes of subsection 2(4) of the Act, the following employment as a member of the Canadian Forces is excepted employment for the purposes of the Canada Pension Plan : (a) employment on or after January 1, 1966, as a member of the Canadian Forces to whom the Defence Services Pension Continuation Act applies; and (b) employment in the reserve force as defined in subsection 2(1) of the National Defence Act from January 1, 1966 to December 31, 2006, other than employment (i) on Continuous Duty or Class “C” Reserve Service, or (ii) in excess of 30 days on Special Duty or Class “B” Reserve Service. SOR/2007-2, s. 1
Canadian Forces Superannuation Regulations — 35
35 The chairman of the Service Pension Board may issue such instructions and prescribe such forms as he or she deems necessary to give effect to section 49 of the Act. SOR/92-717, s. 10; SOR/2016-64, s. 56(E)
Canadian Forces Superannuation Regulations — 36
36 (1) For the purposes of paragraph 55(1)(b) of the Act, interest shall be calculated in respect of each quarter in each fiscal year as of the last day of June, September, December and March on the balance to the credit of the Superannuation Account on the last day of the preceding quarter. (2) The rate to be used for the purpose of calculating interest under subsection (1) in respect of any quarter is the rate that would yield an amount of interest equal to the amount of interest that the aggregate of the balances to the credit of the Superannuation Accounts maintained under the Public Service Superannuation Act , the Canadian Forces Superannuation Act and the Royal Canadian Mounted Police Superannuation Act would have yielded during that quarter if the quarterly excess were invested at, (a) where the rate is to be used in respect of any quarterly excess after December 31, 1965, the average of the rates of interest that may be or have been determined by the Minister of Finance for the months in that quarter pursuant to subsection 111(2) of the Canada Pension Plan ; and (b) where the rate is to be used in respect of any quarterly excess before the quarter ending on March 31, 1966, the average of the rates of interest determined by the Minister of Finance for the months in that quarter as if subsection 111(2) of the Canada Pension Plan had been in force. (3) The President of the Treasury Board shall cause notice of the rate to be used in respect of each fiscal year for the purpose of calculating interest under subsection (1) to be published in the Canada Gazette . (4) In this section, quarterly excess means (a) the total of the amounts credited to the Superannuation Accounts maintained under the Public Service Superannuation Act , the Canadian Forces Superannuation Act and the Royal Canadian Mounted Police Superannuation Act during any quarter of a fiscal year minus (b) the payments charged to those Accounts during that quarter plus (c) the total of any amounts credited to those Accounts less the payments charged to those Accounts during any quarter of a fiscal year that is a multiple of 20 years prior to the quarter referred to in paragraph (a). SOR/92-717, ss. 3, 10; SOR/2001-131, s. 2(F)
Canadian Forces Superannuation Regulations — 36.1
36.1 (1) In this section, 1973 closing balance means the aggregate of all amounts referred to in paragraphs (a) and (b) of the definition return of contributions in section 10 of the Act that have been paid by the contributor into, or transferred to the credit of the contributor to, the Superannuation Account before January 1, 1974 and that have not been previously paid to the contributor as a return of contributions. (2) In this section, yearly contribution means the aggregate of all amounts referred to in paragraphs (a) and (b) of the definition return of contributions in section 10 of the Act that have been paid by the contributor into, or transferred to the credit of the contributor to, the Superannuation Account or the Canadian Forces Pension Fund during a calendar year and that have not been previously paid to the contributor as a return of contributions. (3) For the purposes of paragraph 13(a) of the Act, for any period before January 1, 2001, interest shall be calculated on (a) the 1973 closing balance, from January 1, 1974, to the earlier of December 31 of the year immediately preceding the year in which the contributor ceased to be a member of the regular force and December 31, 2000; and (b) each yearly contribution after 1973, from January 1 of the year following the year in which the contribution was made to the earlier of December 31 of the year immediately preceding the year in which the contributor ceased to be a member of the regular force and December 31, 2000. SOR/2001-131, s. 1
Canadian Forces Superannuation Regulations — 36.2
36.2 (1) In this section, 2000 closing balance means the aggregate of all amounts referred to in paragraphs (a) and (b) of the definition return of contributions in section 10 of the Act that have been paid by the contributor into, or transferred to the credit of the contributor to, the Superannuation Account or the Canadian Forces Pension Fund before January 1, 2001 and that have not been previously paid to the contributor as a return of contributions, plus interest on that aggregate amount calculated in accordance with section 36.1. (2) For the purposes of paragraph 13(b) of the Act, for any period after December 31, 2000, interest shall be calculated and balances determined in accordance with this section and interest shall be calculated in respect of every quarter up to and including the quarter preceding the quarter in which the return of contributions is paid. (3) For the quarter ending March 31, 2001, (a) if a return of contributions is paid during that quarter, interest shall be calculated and the balances determined in accordance with section 36.1; and (b) in any other case, interest shall be calculated at the effective quarterly rate determined from an annual rate of four per cent on the 2000 closing balance. (4) For each quarter beginning after March 31, 2001 for which interest is being calculated, interest shall be calculated at the rate determined under subsections (5) and (6) for that quarter on (a) the 2000 closing balance; (b) the interest calculated in accordance with paragraph (3)(b) on the 2000 closing balance; (c) the aggregate of all amounts referred to in paragraphs (a) and (b) of the definition return of contributions in section 10 of the Act that have been paid by the contributor into, or transferred to the credit of the contributor, to the Canadian Forces Pension Fund after December 31, 2000 but before the end of the quarter preceding the quarter for which interest is being calculated and that have not been previously paid to the contributor as a return of contributions; and (d) interest calculated in accordance with this subsection as of the end of the quarter preceding the quarter for which interest is being calculated. (5) The rate of interest to be used for the purposes of subsection (4) is the effective quarterly rate determined from the annual rate of return of the Canadian Forces Pension Fund published in the previous fiscal year’s annual report for the Public Sector Pension Investment Board as laid before each House of Parliament under subsection 48(3) of the Public Sector Pension Investment Board Act . (6) If the rate of return referred to in subsection (5) is negative, the rate of interest shall be zero per cent. SOR/2001-131, s. 1
Canadian Forces Superannuation Regulations — 36.3
36.3 Beginning with the fiscal year ending March 31, 2002, the annual report referred to in section 57 of the Act shall include the financial statements of the pension plan provided by the Act, prepared in accordance with the federal government’s stated accounting policies for the pension plan, which are based on generally accepted accounting principles. SOR/2003-14, s. 1