GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Public Service Superannuation Act — P-36 (a)
cash termination allowance means an amount equal to one month’s pay for each year of pensionable service computed on the basis of the rate of salary authorized to be paid to the contributor (a) at the time he or she ceases to contribute to the Public Service Pension Fund, or (b) in the case of a contributor who continues to be employed in the public service after having ceased to contribute to the Public Service Pension Fund under subsection 5(2) or (3), at the time he or she ceases to be employed in the public service, minus an amount equal to the amount by which (c) the total amount the contributor would have been required to contribute to the Superannuation Account or the Public Service Pension Fund up to the time he or she ceases to be employed in the public service, other than interest or charges for payments by instalments, in respect of service after 1965, if he or she had contributed on the basis of the rates set out in subsection 5(1) as it read on December 31, 1965, exceeds (d) the total amount the contributor was required to contribute to the Superannuation Account or the Public Service Pension Fund up to the time he or she ceases to be employed in the public service, other than interest or charges for payments by instalments, in respect of service after 1965; ( allocation de cessation en espèces )
Public Service Superannuation Act — P-36
deferred annuity means an annuity that becomes payable to the contributor at the time he or she reaches 60 years of age, in the case of a Group 1 contributor described in subsection 12(0.1), or 65 years of age, in the case of a Group 2 contributor described in subsection 12.1(1); ( pension différée )
Public Service Superannuation Act — P-36
immediate annuity means an annuity that becomes payable to the contributor immediately on his becoming entitled thereto; ( pension immédiate )
Public Service Superannuation Act — P-36
recipient means a person to whom any benefit is or is about to become payable under this Part or out of the Retirement Fund; ( prestataire )
Public Service Superannuation Act — P-36 (a)
return of contributions means a return of (a) the amount paid by the contributor into the Superannuation Account or the Public Service Pension Fund, but not including any amount so paid pursuant to subsection 24(6) of the Royal Canadian Mounted Police Superannuation Act , (b) any amount to his or her credit in the Retirement Fund that has been transferred to the Superannuation Account, and (c) any amount paid by him or her into any other account or fund, together with interest, if any, that has been transferred to the Superannuation Account or the Public Service Pension Fund, to the extent that the amount remains to his or her credit in the Superannuation Account or the Public Service Pension Fund, together with interest, if any, calculated pursuant to subsection (9); ( remboursement de contributions )
Public Service Superannuation Act — P-36
transfer value means a lump sum amount, representing the value of the contributor’s pension benefits, as determined in accordance with the regulations. ( valeur de transfert )
Public Service Superannuation Act — P-36 (a)
Average Maximum Pensionable Earnings means, with respect to any contributor, the average of the Year’s Maximum Pensionable Earnings for the year in which the contributor (a) ceased to be employed in the public service, or (b) becomes entitled to receive a retirement pension under the Canada Pension Plan or a provincial plan similar thereto, whichever is the earlier, and for each of the four preceding years; ( moyenne des maximums des gains ouvrant droit à pension )
Public Service Superannuation Act — P-36
Year’s Maximum Pensionable Earnings has the same meaning as in the Canada Pension Plan . ( maximum des gains annuels ouvrant droit à pension )
Public Service Superannuation Act — P-36 12
 immediate annuity, a deferred annuity or an annual allowance. Allowance (7) On the death of a contributor who has, after having reached the age of forty-five years, received an amount as a cash termination allowance or as a return of contributions in respect of pensionable service prior to October 1, 1967, but who continued, on receiving the cash termination allowance or return of contributions, to have to his or her credit pensionable service after September 30, 1967 of less than five years, the survivor and children of the contributor are entitled to the annual allowances to which they would have been entitled under subsection (4) had the contributor, immediately before death, become entitled under subsection (1) to an immediate annuity, a deferred annuity or an annual allowance. Lump sum payment to survivor and children (8) Subject to subsection (7), on the death of a contributor who, not having been a contributor under Part I of the Superannuation Act immediately before January 1, 1954, or, having been a contributor under that Act at that time but not having continued to be employed in the public service substantially without interruption after that date, was employed in the public service at the time of the contributor’s death, having to the contributor’s credit less than two years of pensionable service, the survivor and children of the contributor, in any case where the contributor died leaving a survivor or a child less than eighteen years of age, are entitled, jointly, to a death benefit equal to a return of contributions. Definition of “child” (9) For the purposes of this section and section 13, child means a child of the contributor who (a) is less than eighteen years of age; or (b) is eighteen or more years of age but less than twenty-five years of age, and is in full-time attendance at a school or university, having been in such attendance substantially without interruption since the child reached eighteen years of age or the contributor died, whichever occurred later. R.S., 1985, c. P-36, s. 12; 1989, c. 6, s. 2; 1992, c. 46, s. 9; 1996, c. 18, s. 28; 1999, c. 34, s. 64; 2003, c. 22, s. 225(E), c. 26, s. 50; 2012, c. 31, s. 482
Public Service Superannuation Act — P-36 12.1
 of the basic allowance. Allowance to survivor and children (6) When, in computing the allowances to which the contributor’s children are entitled under subsection (5), it is determined that there are more than four children of the contributor who are entitled to an allowance, the total amount of the allowances shall be apportioned among the children in the shares that the Minister considers just and proper under the circumstances. Allowance (7) Despite subsection (8), on the death of a contributor who at the time of death was a contributor described in paragraph (3)(a), the contributor’s survivor and children are entitled to the annual allowances to which they would have been entitled under subsection (5) had the contributor, immediately before his or her death, become entitled under subsection (2) to an immediate annuity, a deferred annuity or an annual allowance. Lump sum payment to survivor and children (8) On the death of a Group 2 contributor who at the time of death was employed in the public service, having to his or her credit less than two years of pensionable service, the contributor’s survivor and children, if the contributor died leaving a survivor or a child less than 18 years of age, are entitled, jointly, to a death benefit equal to a return of contributions. Definition of child (9) For the purposes of this section and section 13.001, child means a child of the contributor who (a) is less than 18 years of age; or (b) is 18 or more years of age but less than 25 years of age, and is in full-time attendance at a school or university, having been in such attendance substantially without interruption since the child reached 18 years of age or the contributor died, whichever occurred later. 2012, c. 31, s. 483
Public Service Superannuation Act — P-36 13
g to be employed in the public service shall be adjusted in accordance with the regulations to take into account the amount of the annual allowance he has received. (7) [Repealed, 1999, c. 34, s. 65] R.S., 1985, c. P-36, s. 13; 1996, c. 18, s. 30; 1999, c. 34, s. 65; 2003, c. 22, s. 225(E); 2012, c. 31, s. 485 2026, c. 3, s. 217
Public Service Superannuation Act — P-36 13.01
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). 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. 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. 1996, c. 18, s. 31; 2003, c. 22, s. 225(E), c. 26, ss. 51, 70
Public Service Superannuation Act — P-36 13.02
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). 1996, c. 18, s. 31
Public Service Superannuation Act — P-36 13.03
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). 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. 1996, c. 18, s. 31; 1999, c. 34, s. 66
Public Service Superannuation Act — P-36 13.1
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). 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. 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. 1992, c. 46, s. 10; 1999, c. 34, s. 67; 2000, c. 12, s. 275; 2003, c. 22, s. 225(E)
Public Service Superannuation Act — P-36 15
Definitions 15 In sections 16 to 24, 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 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 ) 1980-81-82-83, c. 64, s. 3
Public Service Superannuation Act — P-36
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 )
Public Service Superannuation Act — P-36
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 )
Public Service Superannuation Act — P-36 16
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. 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. R.S., 1985, c. P-36, s. 16; 2003, c. 22, s. 225(E)
Public Service Superannuation Act — P-36 18
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. 1980-81-82-83, c. 64, s. 3
Public Service Superannuation Act — P-36 19
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. R.S., 1985, c. P-36, s. 19; 1999, c. 34, s. 69; 2012, c. 31, s. 487
Public Service Superannuation Act — P-36 20
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). 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. 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). R.S., 1985, c. P-36, s. 20; 1999, c. 34, s. 70; 2003, c. 22, s. 225(E)
Public Service Superannuation Act — P-36 21
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. R.S., 1985, c. P-36, s. 21; 1999, c. 34, s. 71; 2003, c. 22, s. 225(E)
Public Service Superannuation Act — P-36 22
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). 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. R.S., 1985, c. P-36, s. 22; 1999, c. 34, s. 72; 2003, c. 22, s. 225(E)
Public Service Superannuation Act — P-36 23
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. R.S., 1985, c. P-36, s. 23; 2003, c. 22, s. 225(E)
Public Service Superannuation Act — P-36 24
References to certain sections 24 A reference in subsection 10(6) to section 13 shall be read as including a reference to sections 16 and 17 and a reference in subsection 13(2) or (3) to subsection 13(1) shall be read as including a reference to section 16 and subsections 17(1) and (5). 1980-81-82-83, c. 64, s. 3
Public Service Superannuation Act — P-36 24.1
Definition of operational service 24.1 In sections 24.2 to 24.4, operational service means service of a kind designated in the regulations that is carried out in the institution or other premises designated in those regulations in respect of that kind of service, and includes such periods of time spent away from that service as are specified in those regulations. 1992, c. 46, s. 12
Public Service Superannuation Act — P-36 24.2
Special pension plan 24.2 Any person who is employed in operational service by the Correctional Service of Canada on or after March 18, 1994 and who was required by subsection 5(1.1) or (1.2), as it read on December 31, 2012, to contribute to the Superannuation Account or the Public Service Pension Fund or is required by subsection 5(2) to contribute to the Public Service Pension Fund is entitled, at his or her option on ceasing to be employed in the public service, in respect of the operational service that is pensionable service to his or her credit, to an immediate annuity or annual allowance calculated in the manner prescribed by the regulations, in the circumstances and subject to the terms and conditions prescribed by those regulations, in lieu of any benefit to which that person is otherwise entitled under subsection 13(1) or 13.001(1) in respect of that service. 1992, c. 46, s. 12; 1999, c. 34, s. 73; 2003, c. 22, s. 225(E); 2012, c. 31, s. 488
Public Service Superannuation Act — P-36 24.3
Computation of benefit under subsection 13(1) or 13.001(1) 24.3 If a person is entitled to a benefit under subsection 13(1) or 13.001(1), and section 24.2, the number of years of pensionable service to his or her credit is, for the purpose of computing the benefit to which he or she is entitled under subsection 13(1) or 13.001(1), deemed to be (a) the number of years of pensionable service to his or her credit minus (b) the number of years of pensionable service to his or her credit in respect of which he or she is entitled to a benefit under section 24.2. 1992, c. 46, s. 12; 2012, c. 31, s. 488