GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Public Service Rearrangement and Transfer of Duties Act — P-34 3
Duties and powers of minister and department 3 Where under this Act, or under any other lawful authority, any power, duty or function, or the control or supervision of any portion of the federal public administration, is transferred from one minister to another, or from one department in, or portion of, the federal public administration to another, the minister, department, or portion to whom or which the power, duty, function, control or supervision is transferred, and the appropriate officers of that department or portion, shall, in relation thereto, be substituted for and have and carry out the respective powers and duties that formerly belonged to or were to be carried out by the minister, department or portion and the respective officers of the department or portion from whom or which the power, duty, function, control or supervision is so transferred. R.S., 1985, c. P-34, s. 3; 2003, c. 22, s. 208
Public Service Rearrangement and Transfer of Duties Act — P-34 4
Death of minister 4 Where a minister to whom any powers, duties or functions have been transferred by name pursuant to this Act dies or otherwise ceases to be a minister, those powers, duties or functions may be transferred to another minister. R.S., c. 14(2nd Supp.), s. 31
Public Service Superannuation Act — P-36 1
Short title 1 This Act may be cited as the Public Service Superannuation Act . R.S., c. P-36, s. 1
Public Service Superannuation Act — P-36 2
Status of males and females 2 Male and female contributors under this Act have equality of status and equal rights and obligations under this Act. 1974-75-76, c. 81, s. 2
Public Service Superannuation Act — P-36
active service in the forces means any service in the forces of a kind designated in the regulations to be active service, which service is deemed for the purposes of this Part to have terminated on discharge or, in the case of a person who underwent treatment in a veterans’ hospital, as defined in the regulations, immediately following his discharge, on that person’s release from hospital; ( activité de service dans les forces )
Public Service Superannuation Act — P-36
child means a child or stepchild of — or an individual adopted either legally or in fact by — a contributor who at the time of the contributor’s death was dependent on the contributor for support; ( enfant )
Public Service Superannuation Act — P-36 (a)
contributor means a person required by section 5 to contribute to the Public Service Pension Fund, and, unless the context otherwise requires, (a) a person who has ceased to be required by this Act to contribute to the Superannuation Account or the Public Service Pension Fund, and (b) for the purposes of sections 25, 27 and 28, a contributor under Part I of the Superannuation Act who has been granted an annual allowance under that Act or has died; ( contributeur )
Public Service Superannuation Act — P-36
disabled means incapable of pursuing regularly any substantially gainful occupation; ( invalide )
Public Service Superannuation Act — P-36
Force means the Royal Canadian Mounted Police; ( Gendarmerie )
Public Service Superannuation Act — P-36
forces , except in the definition “regular force”, means the naval, army or air forces of His Majesty or of any of the Allies of His Majesty during World War I or World War II; ( forces )
Public Service Superannuation Act — P-36
Minister means the President of the Treasury Board; ( ministre )
Public Service Superannuation Act — P-36
misconduct [Repealed, 1999, c. 34, s. 53]
Public Service Superannuation Act — P-36
pensionable employment means any employment in respect of which there was an established superannuation or pension fund or plan, approved by the Minister for the purposes of this Part, for the benefit of persons engaged in that employment; ( emploi ouvrant droit à pension )
Public Service Superannuation Act — P-36
period in pensionable employment means any period of service to the credit of the employee in the fund or plan referred to in the definition “pensionable employment” at the time he left the employment therein referred to; ( période d’emploi ouvrant droit à pension )
Public Service Superannuation Act — P-36
provincial pension plan has the same meaning as in the Canada Pension Plan ; ( régime provincial de pensions )
Public Service Superannuation Act — P-36
public service means the several positions in or under any department or portion of the executive government of Canada, except those portions of departments or portions of the executive government of Canada prescribed by the regulations and, for the purposes of this Part, of the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service and office of the Parliamentary Budget Officer and any board, commission, corporation or portion of the federal public administration specified in Schedule I; ( fonction publique )
Public Service Superannuation Act — P-36
Public Service Pension Fund means the fund established under section 44.2; ( Caisse de retraite de la fonction publique )
Public Service Superannuation Act — P-36
Public Service Superannuation Investment Fund means the fund established under section 44.1; ( Fonds de placement du compte de pension de retraite de la fonction publique )
Public Service Superannuation Act — P-36 (a)
regular force means the regular force of the Canadian Forces and includes (a) the forces known before February 1, 1968 as the regular forces of the Canadian Forces, and (b) the forces known before February 1, 1968 as the Royal Canadian Navy, the Canadian Army Active Force, the Permanent Active Militia, the Permanent Militia Corps, the permanent staff of the Militia, the Royal Canadian Air Force (Regular) and the Permanent Active Air Force; ( force régulière )
Public Service Superannuation Act — P-36
Retirement Fund means the Retirement Fund established under Part II of the Civil Service Superannuation and Retirement Act ; ( Fonds de retraite )
Public Service Superannuation Act — P-36 (a)
salary means (a) as applied to the public service, the basic pay received by the person in respect of whom the expression is being applied for the performance of the regular duties of a position or office exclusive of any amount received as allowances, special remuneration, payment for overtime or other compensation or as a gratuity unless that amount is deemed to be or to have been included in that person’s basic pay pursuant to any regulation made under paragraph 42(1)(e), and (b) as applied to the regular force or the Force, the pay or pay and allowances, as the case may be, applicable in the case of that person as determined under the Canadian Forces Superannuation Act or the Royal Canadian Mounted Police Superannuation Act ; ( traitement )
Public Service Superannuation Act — P-36
Superannuation Act means the Civil Service Superannuation Act , chapter 50 of the Revised Statutes of Canada, 1952; ( Loi sur la pension de retraite )
Public Service Superannuation Act — P-36
supplementary benefit means a supplementary benefit payable under Part III; ( prestation supplémentaire )
Public Service Superannuation Act — P-36 (a)
survivor , in relation to a contributor, means (a) a person who was married to the contributor at the time of the contributor’s death, or (b) a person referred to in subsection 25(4); ( survivant )
Public Service Superannuation Act — P-36
World War I means the war that was declared on August 4, 1914 and that is deemed, for the purposes of this Part, to have terminated on December 31, 1920; ( Première Guerre mondiale )
Public Service Superannuation Act — P-36
World War II means the war that was declared on September 10, 1939 and that is deemed, for the purposes of this Part, to have terminated on September 30, 1947. ( Seconde Guerre mondiale )
Public Service Superannuation Act — P-36 4
Scope of Part I 4 (1) Subject to this Part, an annuity or other benefit specified in this Part shall be paid to or in respect of every person who, being required to contribute to the Superannuation Account or the Public Service Pension Fund in accordance with this Part, dies or ceases to be employed in the public service, which annuity or other benefit shall, subject to this Part, be based on the number of years of pensionable service to the credit of that person. Superannuation Account (2) The Superannuation Account, established in the accounts of Canada pursuant to the Superannuation Act , is hereby continued. R.S., 1985, c. P-36, s. 4; 1999, c. 34, s. 54; 2003, c. 22, s. 225(E)
Public Service Superannuation Act — P-36 5
than the Superannuation Account; (b) out of or under a superannuation or pension fund or plan pursuant to which contributions have been paid out of the Consolidated Revenue Fund in respect of employees engaged locally outside of Canada; or (c) out of the Canadian Forces Pension Fund within the meaning of the Canadian Forces Superannuation Act or the Royal Canadian Mounted Police Pension Fund within the meaning of the Royal Canadian Mounted Police Superannuation Act . Contributions not required (6) Despite anything in this Part, no person shall, in respect of any period of his or her service on or after December 15, 1994, make a contribution under this Part in respect of any portion of his or her annual rate of salary that is in excess of the annual rate of salary that is fixed by or determined in the manner prescribed by the regulations. R.S., 1985, c. P-36, s. 5; 1992, c. 46, s. 2; 1999, c. 34, s. 55; 2003, c. 22, s. 225(E); 2012, c. 31, s. 476
Public Service Superannuation Act — P-36 5.1
Contributions not required 5.1 (1) Notwithstanding section 5, a person employed in the public service is not required to contribute to the Superannuation Account or the Public Service Pension Fund under that section if that person is engaged to work on average less than twelve hours a week or the lesser number of hours a week that may be prescribed by the regulations. Contributions not required (2) Notwithstanding section 5, a person employed in the public service who was so employed on September 9, 1993 and who, on September 8, 1993, was not required to contribute to the Superannuation Account by reason of the person being a person described in paragraph 5(1)(j) of this Act, as it read on September 8, 1993, is not required to contribute to the Account or the Public Service Pension Fund under that section in respect of any period of service on or after that day. Non-application (3) Subsection (2) does not apply to a person who makes an election under section 5.4. 1992, c. 46, s. 3; 1999, c. 34, s. 56; 2003, c. 22, s. 225(E)
Public Service Superannuation Act — P-36 5.2
Election for part-time employees 5.2 Every person referred to in paragraph 5(1)(c) who is engaged to work on average at least twelve hours a week or the lesser number of hours a week that may be prescribed by the regulations, may, subject to the regulations, elect to contribute to the Superannuation Account or the Public Service Pension Fund in accordance with section 5, beginning on the first day of the month following the month in which that person makes that election. 1992, c. 46, s. 3; 1999, c. 34, s. 57
Public Service Superannuation Act — P-36 5.3
Election for leave of absence 5.3 (1) Subject to subsection (3), a contributor who is or has been absent from the public service on leave of absence without pay for a period that exceeds three months may, subject to the regulations, elect not to count as pensionable service under clause 6(1)(a)(ii)(A) that portion of the period that is in excess of three months. Contributions not required (2) Notwithstanding section 5, a contributor who makes an election under subsection (1) is not required to contribute to the Superannuation Account or the Public Service Pension Fund under that section in respect of the portion of the period to which the election relates. Exception (3) A contributor is not entitled to make an election under subsection (1) if (a) the period of leave of absence ended before the day on which that subsection comes into force; and (b) the contributor has, before that day, made all of the contributions that are required to be made by the contributor to the Superannuation Account in respect of that period. Transitional (4) A contributor who makes an election under subsection (1) in respect of a period of leave of absence that ended before the day on which that subsection comes into force and who has, before that day, made some but not all of the contributions that are required to be made by the contributor to the Superannuation Account in respect of that period shall, at the time the election is made, cease to be required to make any further contributions to the Superannuation Account in respect of that period and shall count as pensionable service under clause 6(1)(a)(ii)(A) such portion of that period as is prescribed by the regulations. 1992, c. 46, s. 3; 1999, c. 34, s. 58; 2003, c. 22, s. 225(E)
Public Service Superannuation Act — P-36 5.4
Election for certain persons over sixty-five years of age 5.4 (1) A person referred to in subsection 5.1(2) may, subject to the regulations, elect to count as pensionable service the period of service in respect of which that person was unable to contribute to the Superannuation Account by reason of the person being a person described in paragraph 5(1)(j) of this Act, as it read on the day immediately before the day on which that subsection comes into force. Payment (2) A person who makes an election under subsection (1) shall pay into the Superannuation Account, at the time and in the manner prescribed by the regulations, an amount determined in accordance with the regulations. 1992, c. 46, s. 3
Public Service Superannuation Act — P-36 5.5
Election 5.5 (1) A person who has ceased to be employed in the public service before the day on which this subsection comes into force may, subject to the regulations, elect to count as pensionable service the period of service in respect of which that person was unable to contribute to the Superannuation Account by reason of the person being a person described in paragraph 5(1)(j) of this Act, as it read on the day immediately before that day. Payment (2) A person who makes an election under subsection (1) shall pay into the Superannuation Account, at the time and in the manner prescribed by the regulations, an amount determined in accordance with the regulations. Crediting of pensionable service (3) Where a person makes an election under subsection (1), the period of service that the person elects to count as pensionable service is deemed to be to the person’s credit as at the date the person most recently ceased to be employed in the public service. 1992, c. 46, s. 3; 2003, c. 22, s. 225(E)
Public Service Superannuation Act — P-36 6
tor was a contributor immediately before the day on which this clause comes into force and the contributor elects, within one year after that day, to pay for that service, (J) any period of service in respect of which payment was made to a public service employer or an approved employer under an agreement entered into pursuant to section 40 and in respect of which that contributor subsequently received a return of contributions or other lump sum payment, if he elects, within one year of becoming a contributor under this Part, to pay for that service, (K) any period of service described in this paragraph, except a period described in clause (M) or (N), for which the contributor might have elected, under this Part, Part I of the Superannuation Act , the Canadian Forces Superannuation Act , the Royal Canadian Mounted Police Superannuation Act or any order in council made under The Canadian Forces Act, 1950 , as amended by the Canadian Forces Act, 1954 , to pay, but for which the contributor failed so to elect within the time prescribed therefor, if the contributor elects, at any time before ceasing to be employed in the public service, to pay for that service, (L) any period of service in respect of which the contributor makes an election under subsection 5.3(1), if the contributor elects, at any time before the contributor ceases to be employed in the public service, to pay for that service, (M) subject to the regulations, any period of service in respect of which payment of a transfer value or a commuted value, as the case may be, to a contributor has been effected in accordance with section 13.01 of this Act, section 22 of the Canadian Forces Superannuation Act or section 12.1 of the Royal Canadian Mounted Police Superannuation Act , if the contributor elects, in accordance with the regulations, to pay for that service, and (N) subject to the regulations, any period of service in respect of which a payment has been made in respect of the contributor pursuant to an agreement entered into under subsection 40.2(2), if the contributor elects, in accordance with the regulations, to pay for that service. Definition of forces (2) For the purposes of clause (1)(a)(iii)(B), forces means, in the case of World War II, any of His Majesty’s naval, army or air forces, the Royal Canadian Mounted Police, the Corps of (Civilian) Canadian Fire Fighters for Service in the United Kingdom, the armed forces of the United States, the Fighting French forces and any other force designated by the Governor in Council for the purposes of this Part. R.S., 1985, c. P-36, s. 6; 1992, c. 46, s. 4; 1996, c. 18, s. 22; 1999, c. 34, s. 59; 2003, c. 22, ss. 224(E), 225(E), c. 26, s. 48; 2012, c. 31, s. 477
Public Service Superannuation Act — P-36 7
made, had the contributor been required to make those contributions during the period for which he elects to pay, until the first day of the month in which the election is made. R.S., 1985, c. P-36, s. 7; 1992, c. 46, s. 5; 1996, c. 18, s. 23; 1999, c. 34, s. 60; 2003, c. 22, s. 225(E); 2012, c. 31, s. 478
Public Service Superannuation Act — P-36 8
cil. Manner of payment (6) Subject to this section, any amount required by subsection 7(1) or (1.1) or 39(7) to be paid by a contributor in respect of any period of service for which the contributor has elected to pay shall be paid by the contributor into the Superannuation Account or as required by subsection 39(7), as the case may be, (a) in a lump sum, at the time of making the election, or (b) in instalments, on such terms and computed on such bases as to mortality and interest as the Governor in Council by regulation prescribes, at his option. Election after March 31, 2000 (6.1) For the purposes of subsections (6) and 39(2), an amount required to be paid by a contributor pursuant to an election made after March 31, 2000 shall be paid into the Public Service Pension Fund. Unpaid instalments (7) Where a contributor who has elected under this Part or the Superannuation Act to pay for any period of service and has undertaken to pay for that period of service in instalments ceases to be employed in the public service before all the instalments have been paid, the unpaid instalments may be reserved, in accordance with the regulations, from any amount payable to him by Her Majesty in right of Canada, including any annuity or other benefit payable to him under this Part, until such time as all the instalments have been paid, or the contributor dies, whichever occurs first. Recovery of amounts due at time of death (8) When an amount payable by a contributor into the Superannuation Account or the Public Service Pension Fund by reservation from salary or otherwise has become due, but remains unpaid at the time of death, that amount, with interest at four per cent per annum from the time when it became due, may be recovered, in accordance with the regulations, from any allowance payable under this Part to the survivor or children of the contributor, without prejudice to any other recourse available to Her Majesty with respect to the recovery of it, and any amount so recovered shall be credited to the Superannuation Account or paid into the Public Service Pension Fund and is deemed, for the purposes of the definition return of contributions in subsection 10(1), to have been paid into that Account or Fund by the contributor. Recovery of amount paid in error (9) Where any amount has been paid in error under this Part or Part III on account of any annuity, annual allowance or supplementary benefit, the Minister may retain by way of deduction from any subsequent payment of that annuity, allowance or supplementary benefit, in the manner prescribed by the regulations, an amount equal to the amount paid in error, without prejudice to any other recourse available to Her Majesty with respect to the recovery thereof. R.S., 1985, c. P-36, s. 8; 1992, c. 46, s. 6; 1999, c. 34, s. 61; 2003, c. 22, s. 225(E), c. 26, s. 49
Public Service Superannuation Act — P-36 8.1
Special procedures for certain elections 8.1 Where an election is made to count as pensionable service a period of service specified in clause 6(1)(b)(iii)(M) or (N), section 8 applies in the manner and to the extent set out in the regulations. 1996, c. 18, s. 24
Public Service Superannuation Act — P-36 9
Calculation of time for making of certain elections 9 For the purposes of sections 6 and 39, the year within which a contributor may elect to count any service described in those sections as pensionable service for the purposes of this Part shall be deemed to end one year from the day on which written notice is sent by or on behalf of the Minister to that contributor informing him that he has become a contributor under this Part. R.S., c. P-36, s. 8
Public Service Superannuation Act — P-36 10
 be paid to an approved employer is entitled in respect of that service, on ceasing to be employed in the public service, to a benefit specified in whichever of sections 12 to 13.001 that applies to him or her, other than a cash termination allowance or a return of contributions. Interest on return of contributions (9) For the purposes of the definition “return of contributions” in subsection (1), interest shall be calculated in the manner that the regulations provide and on the balances that are determined in accordance with the regulations, (a) at the rate of four per cent, compounded annually, for any period before January 1, 1997; (b) at the rates established in the regulations made under paragraph 44(1)(c), compounded quarterly, for any period on or after January 1, 1997 and before April 1, 2000; and (c) at the rates established in the regulations made under paragraph 42.1(1)(v.3), compounded quarterly, for any period beginning on or after April 1, 2000. Benefits not assignable, etc. (10) Subject to Part II of the Garnishment, Attachment and Pension Diversion Act and to the Pension Benefits Division Act , (a) a benefit under this Part or Part III is not capable of being assigned, charged, anticipated or given as security and any transaction that purports to assign, charge, anticipate or give as security any such benefit is void; (b) a benefit to which a contributor, survivor or child is entitled under this Part or Part III is not capable of being surrendered or commuted during the lifetime of that person except under subsection (4), section 13.01 and subsection 25(5) and any transaction that purports to so surrender or commute any such benefit is null and void; and (c) a benefit under this Part or Part III is exempt from attachment, seizure and execution, either at law or in equity. R.S., 1985, c. P-36, s. 10; 1992, c. 46, s. 7; 1996, c. 18, s. 25; 1999, c. 34, s. 62; 2003, c. 22, s. 225(E); 2012, c. 31, s. 479
Public Service Superannuation Act — P-36
annuity means an annuity computed in accordance with section 11; ( pension )