GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canadian Forces Superannuation Act — C-17 (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 )
Canadian Forces Superannuation Act — C-17
retirement age [Repealed, 2003, c. 26, s. 1]
Canadian Forces Superannuation Act — C-17
salary as applied to a member of the Canadian Forces means the pay received by the member from employment as a member of the Canadian Forces; ( traitement )
Canadian Forces Superannuation Act — C-17
short engagement [Repealed, 2003, c. 26, s. 1]
Canadian Forces Superannuation Act — C-17
Superannuation Account means the Canadian Forces Superannuation Account referred to in section 4; ( compte de pension de retraite )
Canadian Forces Superannuation Act — C-17
supplementary benefit means a supplementary benefit payable under Part III; ( prestation supplémentaire )
Canadian Forces Superannuation Act — C-17 (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 29(1). ( survivant )
Canadian Forces Superannuation Act — C-17 3
Status of males and females 3 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. 31
Canadian Forces Superannuation Act — C-17 3.1
Regulations 3.1 (1) The Governor in Council may make regulations respecting the manner in which and the extent to which any provisions of Parts I, II and III, or of any regulations made under those Parts, apply to members or former members, or classes of members or former members, of the reserve force that are prescribed in those regulations and adapting any of those provisions for the purposes of that application. Reserve force members who were deemed re-enrolled in regular force (2) For greater certainty, members of the reserve force who, immediately before the coming into force of this section, were deemed to be re-enrolled in the regular force under subsection 41(2) or (3) of this Act as it read immediately before its repeal are members, or classes of members, who may be prescribed by regulations made under subsection (1). Reserve force members who were participants under Part II (3) For greater certainty, members of the reserve force who, immediately before the coming into force of this section, were participants within the meaning of paragraph (b) of the definition participant in subsection 60(1) of this Act as it read immediately before its repeal are members, or classes of members, who may be prescribed by regulations made under subsection (1) for the purposes of the application and adaptation of any provisions of Part II. 2003, c. 26, s. 2
Canadian Forces Superannuation Act — C-17 4
Eligibility 4 (1) Subject to this Act, an annuity or other benefit specified in this Act shall be paid to or in respect of every person who, being required to contribute to the Superannuation Account or the Canadian Forces Pension Fund in accordance with this Act, ceases to be a member of the regular force or dies, and that annuity or other benefit shall, subject to this Act, be based on the number of years of pensionable service to the credit of that person. Superannuation Account (2) The Permanent Services Pension Account in the accounts of Canada, established pursuant to the former Act, is hereby continued under the name of the Canadian Forces Superannuation Account. R.S., 1985, c. C-17, s. 4; 1999, c. 34, s. 116
Canadian Forces Superannuation Act — C-17 6
Pensionable service 6 Subject to this Act, the following service may be counted by a contributor as pensionable service for the purposes of this Act, namely, (a) non-elective service, comprising, (i) in the case of a contributor who, immediately before March 1, 1960, was a contributor under Part V of the former Act, any period of service that he would have been entitled to count for the purposes of computing any pension or gratuity under that Part had he, at that time, retired from the regular force, except any such period for which he elected under that Part to pay, and (ii) in the case of any contributor, (A) any period during which he or she was required by subsections 5(1) and (1.01), as they read on December 31, 2012, to contribute to the Superannuation Account or the Canadian Forces Pension Fund, and any period during which he or she is required by subsection 5(1) to contribute to the Canadian Forces Pension Fund, and (B) any period of service that may be counted by him as pensionable service pursuant to section 41; and (b) elective service comprising (i) any period of service for which a contributor has elected to pay under the provisions of this Act as it read immediately before the coming into force of this paragraph, (ii) any period of service for which a contributor elects to pay under section 7, and (iii) any period of service for which a contributor elects to pay under section 8. R.S., 1985, c. C-17, s. 6; 1992, c. 46, s. 34; 1999, c. 34, s. 118; 2003, c. 22, s. 136(E) 2003, c. 26, s. 4 2012, c. 31, s. 466
Canadian Forces Superannuation Act — C-17 7
Elective service 7 (1) A contributor may, subject to regulations made under subsection (2) and paragraphs 50(1)(b) and (c), elect to pay for any period of service, or part of a period of service, of a kind prescribed in the regulations. Regulations (2) For the purposes of subsection (1), the Governor in Council may make regulations (a) prescribing periods of service of a kind for which a contributor may elect to pay; (b) prescribing the terms and conditions on which a contributor may elect to pay for periods of service, including terms and conditions on which a contributor may elect to pay for part only of a period of service and on which a contributor may be required to repay an amount that was paid to the contributor in respect of an annuity, annual allowance, pension or gratuity; (c) respecting the manner of determining the amount that a contributor is required to pay for elective service and the terms and conditions of payment for that service, including terms and conditions for payment by instalments and the bases as to mortality and interest on which instalment payments are to be computed; and (d) prescribing the circumstances in which an election made by a contributor is void. Payment to Canadian Forces Pension Fund (3) Any amount required to be paid by a contributor in respect of any period of service for which they have elected to pay under this Part after the coming into force of this subsection shall be paid into the Canadian Forces Pension Fund. Payment in respect of previous elections (4) Any amount that is required to be paid by a contributor after the coming into force of this subsection for a period of service for which they have elected to pay under the provisions of this Act as it read immediately before that coming into force shall be paid, in accordance with those provisions, into the Superannuation Account or the Canadian Forces Pension Fund, as the case may be. R.S., 1985, c. C-17, s. 7; 1992, c. 46, s. 36; 1999, c. 34, s. 120 2003, c. 26, s. 5 2012, c. 31, s. 467
Canadian Forces Superannuation Act — C-17 8
Other elective service 8 (1) A contributor may, within two years after the coming into force of this section, elect, in accordance with subsection (2) or (3), as the case may be, to pay for any period of service that they would have been entitled to count as elective service under section 6 of this Act as it read immediately before that coming into force if they were a member of the regular force continuously from the day immediately before that coming into force until the day on which they make the election. Old rules applicable (2) If a contributor makes an election under subsection (1) to pay for a period of service for which they would not have been entitled to make an election under section 7, the provisions of this Act, and the regulations made under it, as they read immediately before the coming into force of this section, apply to an election under that subsection. New rules applicable and election regarding cost (3) If a contributor makes an election under subsection (1) to pay for a period of service for which they would also have been entitled to make an election under section 7, then subsection 7(3) and the regulations made under subsection 7(2) apply to the election made under subsection (1), except that the contributor may further elect, in accordance with the regulations, for the provisions of this Act, and the regulations made under it, as they read immediately before the coming into force of this section, to apply to the determination of the amount to be paid for the period of service and the terms and conditions applicable to payment for that service. R.S., 1985, c. C-17, s. 8; 1992, c. 46, s. 37 2003, c. 26, s. 5
Canadian Forces Superannuation Act — C-17 9
Election for absence from duty 9 (1) If, under any regulations made under paragraph 50(1)(e), a contributor is required to count as pensionable service for the purposes of this Act a period of service that exceeds three months, the contributor may, despite those regulations, elect, in accordance with the regulations, not to count as pensionable service that portion of the period that is in excess of three months. Contributions not required (2) Despite section 5, a contributor who makes an election under subsection (1) is not required to contribute to the Superannuation Account or the Canadian Forces Pension Fund under that section in respect of the portion of the period to which the election relates. Election for period of service before December 1, 1995 (3) A contributor who makes an election under subsection (1) in respect of a period of service that ended before December 1, 1995 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 for the purposes of this Act such portion of that period as is prescribed by the regulations. R.S., 1985, c. C-17, s. 9; 1992, c. 46, s. 38; 1999, c. 34, s. 122 2003, c. 26, s. 5
Canadian Forces Superannuation Act — C-17 9.1
Amendment or revocation of election 9.1 An election under this Part may be amended by the elector, within the time prescribed by the regulations for the making of the election, by increasing the period or periods of service for which they elect to pay, and is otherwise irrevocable except under such circumstances and on such terms and conditions, including payment by the elector to Her Majesty of such amount in respect of any benefit accruing to the elector during the subsistence of the election, as a consequence of their having so elected, as is prescribed by the regulations. 2003, c. 26, s. 5
Canadian Forces Superannuation Act — C-17 9.2
Entitlement to benefits to cease on election 9.2 Despite anything in the Public Service Superannuation Act or the Royal Canadian Mounted Police Superannuation Act , on the making of any election under this Act to pay for service that they have to their credit under either of those Acts, the contributor so electing, and any person to whom any benefit might otherwise have become payable under the Public Service Superannuation Act or the Royal Canadian Mounted Police Superannuation Act , as the case may be, in respect of that contributor, cease to be entitled to any benefit under that Act in respect of any service of that contributor to which that election relates. 2003, c. 26, s. 5
Canadian Forces Superannuation Act — C-17 9.3
Regulations 9.3 The Governor in Council may make regulations prescribing the manner of determining the amount to be charged to the account maintained in the accounts of Canada, or the pension fund established pursuant to the Public Service Superannuation Act or the Royal Canadian Mounted Police Superannuation Act , as the case may be, and credited to the Canadian Forces Pension Fund or to the Superannuation Account, as the case may be, in respect of a contributor who elects to pay for a period of service that they were entitled to count for pension purposes under the Public Service Superannuation Act or the Royal Canadian Mounted Police Superannuation Act . 2003, c. 26, s. 5
Canadian Forces Superannuation Act — C-17 10
Definitions 10 In this Act, except Part I.1, annuity means an annuity computed in accordance with section 15; ( annuité ) cash termination allowance [Repealed, 2003, c. 26, s. 7] deferred annuity means an annuity that becomes payable to the contributor at the time he reaches sixty years of age; ( annuité différée ) immediate annuity means an annuity that becomes payable to the contributor immediately on his becoming entitled thereto; ( annuité immédiate ) recipient [Repealed, 2003, c. 26, s. 7] return of contributions means a return of (a) the amount paid by the contributor into the Superannuation Account or the Canadian Forces Pension Fund but not including any amount so paid pursuant to subsection 39(7) of the Public Service Superannuation Act or subsection 24(6) of the Royal Canadian Mounted Police Superannuation Act , and (b) 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 Canadian Forces Pension Fund, to the extent that the amount remains to his or her credit in the Superannuation Account or the Canadian Forces Pension Fund, together with interest, if any, calculated pursuant to section 13; ( remboursement de contributions ) 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 ) R.S., 1985, c. C-17, s. 10; 1999, c. 34, s. 123; 2003, c. 26, s. 7
Canadian Forces Superannuation Act — C-17
annuity means an annuity computed in accordance with section 15; ( annuité )
Canadian Forces Superannuation Act — C-17
cash termination allowance [Repealed, 2003, c. 26, s. 7]
Canadian Forces Superannuation Act — C-17
deferred annuity means an annuity that becomes payable to the contributor at the time he reaches sixty years of age; ( annuité différée )
Canadian Forces Superannuation Act — C-17
immediate annuity means an annuity that becomes payable to the contributor immediately on his becoming entitled thereto; ( annuité immédiate )
Canadian Forces Superannuation Act — C-17 (a)
return of contributions means a return of (a) the amount paid by the contributor into the Superannuation Account or the Canadian Forces Pension Fund but not including any amount so paid pursuant to subsection 39(7) of the Public Service Superannuation Act or subsection 24(6) of the Royal Canadian Mounted Police Superannuation Act , and (b) 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 Canadian Forces Pension Fund, to the extent that the amount remains to his or her credit in the Superannuation Account or the Canadian Forces Pension Fund, together with interest, if any, calculated pursuant to section 13; ( remboursement de contributions )
Canadian Forces Superannuation Act — C-17
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 )
Canadian Forces Superannuation Act — C-17 11
Duration of payment, etc., to contributor 11 (1) Where an annuity or an annual allowance becomes payable under this Part to a contributor, it shall, subject to the regulations, be paid in equal monthly instalments in arrears and shall continue, subject to this Part, during the lifetime of the contributor and thereafter until the end of the month during which the contributor dies, and any amount in arrears thereof that remains unpaid at any time after their death shall be paid as provided in section 26, in respect of a death benefit. Duration of payment, etc., to survivor or child (2) When an annual allowance becomes payable under this Part to a survivor or child, it shall, subject to the regulations, be paid in equal monthly instalments in arrears and shall continue, subject to this Part, until the end of the month during which the recipient dies or otherwise ceases to be entitled to receive an annual allowance, and any amount in arrears that remains unpaid at any time after the death of the recipient shall be paid to the estate or succession of the recipient or, if less than one thousand dollars, as the Minister may direct. R.S., 1985, c. C-17, s. 11; 1999, c. 34, s. 124; 2003, c. 26, s. 8
Canadian Forces Superannuation Act — C-17 12
Revocation of option 12 If a contributor has exercised an option under this Part, the option may be revoked and a new option exercised by the contributor, in accordance with the regulations. R.S., 1985, c. C-17, s. 12; 2003, c. 26, s. 9
Canadian Forces Superannuation Act — C-17 13
Interest on return of contributions 13 For the purposes of the definition return of contributions in section 10, 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, 2001; and (b) at the rates established in the regulations made under paragraph 50(1)(j) compounded quarterly, for any period beginning on or after January 1, 2001. R.S., 1985, c. C-17, s. 13; 1999, c. 34, s. 125; 2003, c. 26, s. 10
Canadian Forces Superannuation Act — C-17 15
agraph 6(b) is deemed to have received during that period pay determined in accordance with the regulations. Computation of average annual pay (5) For the purposes of subparagraphs (1)(a)(ii) and (iii), a period of service during which a person continues to be a member of the regular force and is required to make contributions under subsection 5(2), or was required to make contributions under subsection 5(2), (3) or (4) as it read on December 31, 2012, is deemed to be a period of pensionable service to his or her credit. Application (6) Subparagraphs (1)(a)(ii) and (iii), as enacted by subsection 14(1) of the Budget Implementation Act, 1999 , apply with respect to benefits payable to or in respect of a person who contributes under section 5 or 75 on or after the day on which this subsection comes into force but do not apply to a person who became entitled to an annuity before the coming into force of this subsection and is a person described in section 41 and who is only entitled to a return of contributions in respect of the period of service in the regular or reserve force after the time of his or her re-enrollment within the meaning of that section. Application (7) The definition Average Maximum Pensionable Earnings in subsection (3), as enacted by subsection 14(2) of the Budget Implementation Act, 1999 , applies only with respect to deductions from annuities made under subsection (2) that take effect on or after the day on which this subsection comes into force. R.S., 1985, c. C-17, s. 15; 1992, c. 46, s. 40; 1999, c. 26, s. 14, c. 34, s. 127; 2003, c. 26, s. 13; 2006, c. 4, s. 203; 2012, c. 31, s. 469
Canadian Forces Superannuation Act — C-17
Average Maximum Pensionable Earnings means, with respect to any contributor, the average of the Year’s Maximum Pensionable Earnings for the year in which he or she ceased to be a member of the regular force and for each of the four preceding years; ( moyenne des maximums des gains ouvrant droit à pension )
Canadian Forces Superannuation Act — C-17
Year’s Maximum Pensionable Earnings has the same meaning as in the Canada Pension Plan . ( maximum des gains annuels ouvrant droit à pension )
Canadian Forces Superannuation Act — C-17 16
Immediate annuity 16 (1) A contributor who ceases to be a member of the regular force and who has to their credit two or more years of pensionable service is entitled to an immediate annuity if (a) they have completed not less than 25 years of Canadian Forces service as prescribed by regulations made under paragraph 50(1)(m); (b) they have reached 60 years of age; (c) they have reached 55 years of age and have to their credit not less than 30 years of pensionable service; (d) they are disabled and have to their credit not less than 10 years of pensionable service; or (e) they cease, otherwise than voluntarily, to be a member of the regular force because of a reduction in the maximum number of officers or non-commissioned members of the regular force authorized by the Governor in Council under section 15 of the National Defence Act or they cease, otherwise than voluntarily, to be a member of the regular force in any circumstances specified by the Treasury Board, and (i) they have reached 55 years of age and have to their credit not less than 10 years of pensionable service, or (ii) they have to their credit not less than 20 years of pensionable service. Regulations (2) Despite paragraph (1)(a), the Governor in Council may make regulations establishing, for officers, according to their rank, a number of years of Canadian Forces service greater than the minimum number of 25 years referred to in that paragraph and providing for that number to be reduced to 25 years over a maximum period of five years from the coming into force of this section, in the case of (a) contributors who are members of the regular force on the coming into force of this section; and (b) contributors who are entitled to an annuity on the coming into force of this section and who are subsequently re-enrolled in the regular force. R.S., 1985, c. C-17, s. 16; 2003, c. 26, s. 14
Canadian Forces Superannuation Act — C-17 17
Deferred annuity 17 A contributor who ceases to be a member of the regular force, who has to their credit two or more years of pensionable service and who is not entitled to an immediate annuity, is entitled to a deferred annuity. R.S., 1985, c. C-17, s. 17; 2003, c. 26, s. 14