GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Public Service Superannuation Act — P-36 38
Service with corporation included in Part IV of Schedule I 38 (1) Service of a person with a corporation included in Part IV of Schedule I is service in the public service only if that person is not precluded by that Part from contributing to the Superannuation Account or the Public Service Pension Fund in respect of that service or from electing to pay for that service otherwise than as service in pensionable employment immediately before becoming employed in the public service. Contributions to Superannuation Account and Public Service Pension Fund (2) No person shall, while he or she is employed by a corporation included in Part IV of Schedule I, contribute to the Superannuation Account or the Public Service Pension Fund under section 5 unless he or she is a person who by reason of a provision in any other Act of Parliament continues to be a contributor while employed with that corporation. Person employed in the public service after December 31, 1953 (3) No person who became employed in the public service after December 31, 1953 may elect to pay for service with a corporation included in Part IV of Schedule I otherwise than as service in pensionable employment immediately before becoming employed in the public service. R.S., 1985, c. P-36, s. 38; 1999, c. 34, s. 85; 2003, c. 22, s. 225(E)
Public Service Superannuation Act — P-36 39
suant to the Canadian Forces Superannuation Act or the Royal Canadian Mounted Police Superannuation Act , as the case may be, and credited to the Superannuation Account in respect of that person, an amount equal to the amount of any return of contributions received by that person under that Act. Amount to be paid (10) Subsection (9) applies, with any modifications that the circumstances require, to an election made on or after April 1, 2000, and a reference to “the account maintained in the accounts of Canada pursuant to the Canadian Forces Superannuation Act or the Royal Canadian Mounted Police Act ” shall be read as a reference to “the Canadian Forces Pension Fund or the Royal Canadian Mounted Police Pension Fund” in respect of the portion of the return of contributions that was paid from that fund, and a reference to “the Superannuation Account” shall be read as a reference to the “Public Service Pension Fund”. R.S., 1985, c. P-36, s. 39; 1999, c. 34, s. 86; 2012, c. 31, s. 496
Public Service Superannuation Act — P-36 40
employee of that employer who, having been a contributor under this Part or Part I of the Superannuation Act , ceased to be employed in the public service prior to the day on which the agreement was entered into to become employed by that employer and has not at any time received any withdrawal allowance or other benefit under this Part or the Superannuation Act , such amount out of the Superannuation Account, not exceeding the total amount paid into or credited to that Account in respect of that employee, as is determined by the Minister, having regard to the terms of the agreement. Pensionable service in service transferred to Her Majesty (13) Where the administration of any service is or has been transferred to Her Majesty in right of Canada, every person who becomes or has become employed in the public service as a result of that transfer may, notwithstanding any previous election made under this Act, count as pensionable service for the purpose of subsection 6(1) any period of service prior to that transfer that he was entitled to count for the purpose of any superannuation or pension fund or plan established for the benefit of persons employed in that service, subject to such terms and conditions as the Treasury Board may prescribe. Amounts paid into S.R.B. Account (14) Where, in this section, reference is made to amounts paid into the Superannuation Account by or in respect of an employee, the reference shall be deemed to include amounts paid into or credited to that Account by or in respect of that employee pursuant to Part III. R.S., 1985, c. P-36, s. 40; R.S., 1985, c. 32 (2nd Supp.), s. 41; 1992, c. 46, s. 19; 1996, c. 18, s. 32; 1999, c. 34, s. 87; 2003, c. 22, s. 225(E)
Public Service Superannuation Act — P-36 40.1
Divestiture of service 40.1 (1) Where Her Majesty in right of Canada transfers or otherwise divests Herself of the administration of a service to any person or body, this Act and the regulations made under this Act apply, in the manner and to the extent provided in any regulations made under paragraph 42.1(1)(u), to any contributor who, as a result of that transfer or divestiture, ceases to be employed in the public service and who, on or after that transfer or divestiture, becomes, directly or through an agent of that person or body, employed by the person or body to whom the service is transferred or divested. Transitional coverage (2) Notwithstanding the definition “public service” in subsection 3(1), the Treasury Board may, subject to the terms and conditions that may be prescribed by the regulations made under paragraph 42.1(1)(v.5), including the requirement of the person or body referred to in subsection (1) to pay into the Superannuation Account or the Public Service Pension Fund the amount determined in accordance with those regulations, (a) direct that the person or body forms part of the public service during such period, not exceeding the period prescribed by the regulations, as is determined by the Treasury Board; and (b) determine those classes of persons employed by the person or body who are not required to contribute under section 5. Deemed coming into force (3) Subsection (1), as enacted by section 79 of chapter 34 of the Statutes of Canada, 2001, is deemed to have come into force on December 1, 1996. 1992, c. 46, s. 20; 1996, c. 18, s. 33; 1999, c. 34, s. 88; 2001, c. 34, s. 79; 2003, c. 22, s. 225(E); 2008, c. 28, s. 157
Public Service Superannuation Act — P-36 40.2
 to an eligible employer pursuant to subsection (3) in respect of an employee is less than the transfer value that would be calculated in respect of that employee in accordance with section 13.01, whether or not the employee would otherwise be entitled to the transfer value, the Minister shall pay an amount equal to the amount of the difference to the employee in accordance with subsection 13.01(2). Payment of difference to employee who was not vested (8) If the amount paid by the Minister to an eligible employer under subsection (3) in respect of an employee is less than the return of contributions to which that employee would otherwise be entitled under any of sections 12 to 13.001, the Minister shall pay to the employee an amount equal to the amount of the difference. Service countable by employee entering public service (9) If an employee of any eligible employer with whom the Minister has entered into an agreement under subsection (2) has ceased to be employed by that employer and is or becomes employed in the public service, any service of that employee that, at the time of leaving that employment, the employee was entitled to count for the purpose of any plan referred to in subsection (1) established for the benefit of employees of that employer may, if the agreement so provides, be counted by the employee as pensionable service for the purposes of subsection 6(1), to the extent and subject to the terms and conditions provided in the regulations, if the employer pays into the Superannuation Account or the Public Service Pension Fund, the amount that is required under the agreement to be paid by that employer in respect of the employee. 1996, c. 18, s. 33; 1999, c. 34, s. 89; 2003, c. 22, s. 225(E); 2012, c. 31, s. 497
Public Service Superannuation Act — P-36 40.3
Transitional 40.3 (1) No agreement may be entered into under subsection 40(2) on or after the day on which this subsection comes into force. Deemed termination of certain agreements (2) Any agreement entered into under subsection 40(2) before the day on which subsection (1) comes into force, other than an agreement prescribed by the regulations made under subsection (3), that has not been terminated within the three year period after that day is deemed to be terminated on the expiration of that period. Regulations (3) The Governor in Council may make regulations prescribing the agreements made under subsection 40(2) that are to be excluded from the application of subsection (2). 1996, c. 18, s. 33
Public Service Superannuation Act — P-36 41
Advisory committee established 41 (1) There is established a committee, to be known as the Public Service Pension Advisory Committee, the members of which are appointed by the Governor in Council in accordance with subsection (3), to advise and assist the Minister on matters arising in connection with the operation of this Act in accordance with subsection (2). Mandate (2) The mandate of the committee is to (a) review matters respecting the administration, design and funding of the benefits provided under this Act and make recommendations to the Minister about those matters; and (b) review any other pension-related matters that the Minister may refer to it. Membership (3) The membership of the committee shall consist of (a) one member appointed from among contributors in receipt of an annuity or an annual allowance under this Act who are nominated for appointment by an association that, in the opinion of the Minister, represents such contributors; (b) six members appointed from among persons who are nominated for appointment by that portion of the National Joint Council of the Public Service of Canada that represents employees; and (c) six other members nominated by the Minister. Term (4) A member shall be appointed to hold office for a term not exceeding three years and is eligible for reappointment for one or more additional terms. Recommendation of candidates (5) The advisory committee shall recommend to the Minister candidates for appointment to the nominating committee established under section 10 of the Public Sector Pension Investment Board Act . R.S., 1985, c. P-36, s. 41; 1999, c. 34, s. 90
Public Service Superannuation Act — P-36 42
ct, or failed to elect within the time prescribed therefor by that Act or this Part, to pay for that service, the circumstances under which and the manner and time in which the contributor may elect to pay for that service and the circumstances under which and the terms and conditions, including conditions as to interest, on which any such election made by him to pay for that service, or any election made by him under paragraph 6(1)(b) to pay for that service as a period of service described in clause 6(1)(b)(iii)(K), shall be deemed to have been made by him under the Superannuation Act or this Part at a time prescribed by the regulations or within the time prescribed therefor by that Act or this Part. (12) [Repealed, 1992, c. 46, s. 21] R.S., 1985, c. P-36, s. 42; 1989, c. 6, s. 6; 1992, c. 46, s. 21; 1994, c. 26, s. 60; 1996, c. 18, s. 34; 1999, c. 34, s. 91; 2001, c. 34, s. 80; 2003, c. 22, s. 211(E), 225(E); 2008, c. 28, s. 158; 2012, c. 31, s. 498
Public Service Superannuation Act — P-36 42.1
ions for the purposes of that application when an order is made under subsection 42(4) or a regulation is made under paragraph (v.1) in respect of that entity, including the manner of determining any amount that may be paid out of the Superannuation Account or the Public Service Pension Fund in respect of those employees and the terms and conditions under which the amount is to be paid; (v.8) respecting the additional information that is required to be included in annual reports referred to in section 46; and (w) generally as the Governor in Council may consider necessary for carrying out and giving effect to any provision of this Act referred to in this subsection. Retroactive application of regulations (2) Regulations made under paragraph (1)(a), (f), (g), (h), (i), (m), (q), (s), (u) or (v) may, if they so provide, be retroactive and have effect with respect to any period before they are made. 1992, c. 46, s. 22; 1996, c. 18, s. 35; 1999, c. 34, s. 92; 2000, c. 12, s. 277; 2003, c. 22, s. 225(E), c. 26, s. 52; 2012, c. 31, s. 499
Public Service Superannuation Act — P-36 43
Payments out of Superannuation Account 43 (1) All amounts required for the payment of benefits for which this Part and Part III make provision shall be paid out of the Superannuation Account if the benefits are payable in respect of pensionable service to the credit of a contributor before April 1, 2000. Transfer of amounts (2) The amounts deposited in the Public Service Superannuation Investment Fund under subsection 44.1(2) shall be transferred to the Public Sector Pension Investment Board within the meaning of the Public Sector Pension Investment Board Act to be dealt with in accordance with that Act. Payment of benefits (3) If there are insufficient amounts in the Superannuation Account to pay all the benefits referred to in subsection (1), the amounts required for the payment of those benefits shall be charged to the Public Service Superannuation Investment Fund and paid out of the assets of the Public Sector Pension Investment Board. R.S., 1985, c. P-36, s. 43; 1999, c. 34, s. 93
Public Service Superannuation Act — P-36 44
butors before April 1, 2000. If total exceeds maximum (10) If the total of the amounts in the Account and in the Fund referred to in subsection (9) exceeds, following the laying of the report referred to in that subsection, the maximum amount referred to in subsection (13), there shall be debited from the Account, at the time and in the manner set out in subsection (11), the amount of the excess. Annual instalments (11) Subject to subsection (12), the amount that may be debited under subsection (9) and the amount that must be debited under subsection (10) shall be debited in annual instalments over a period of fifteen years, or a shorter period that the Minister may determine, with the first such instalment to be debited in the fiscal year in which the actuarial valuation report is laid before Parliament. Adjustments (12) When a subsequent actuarial valuation report is laid before Parliament before the end of the period applicable under subsection (11), the instalments remaining to be debited in that period may be adjusted to reflect the amount that is estimated by the Minister, at the time that subsequent report is laid before Parliament, to be the amount that will, together with the amount that the Minister estimates will be to the credit of the Superannuation Account and the Public Service Superannuation Investment Fund at the end of that period, meet the cost of the benefits payable under this Part and Part III in respect of pensionable service that is to the credit of contributors before April 1, 2000. Maximum amount to credit of Account and Fund (13) At the end of the period, the total of the amounts that are to the credit of the Superannuation Account and the Public Service Superannuation Investment Fund must not exceed one hundred and ten percent of the amount that the Minister estimates is required to meet the cost of the benefits payable under this Part and Part III in respect of pensionable service that is to the credit of contributors before April 1, 2000. Costs (14) The costs of the administration of this Act, as determined by the Treasury Board, with respect to benefits payable under this Act in respect of pensionable service that is to the credit of contributors before April 1, 2000, shall be paid out of the Superannuation Account. R.S., 1985, c. P-36, s. 44; 1992, c. 46, s. 23; 1999, c. 34, s. 95
Public Service Superannuation Act — P-36 44.1
Establishment of Public Service Superannuation Investment Fund 44.1 (1) The Public Service Superannuation Investment Fund is established. Amounts to be deposited into the Public Service Superannuation Investment Fund (2) The following amounts shall be deposited into the Public Service Superannuation Investment Fund: (a) the amounts in the Superannuation Account transferred on or after April 1, 2000 that the Minister of Finance determines, in the manner and at the times that that minister determines; and (b) the income from the investment of the amounts referred to in paragraph (a) plus profits less losses on the sale of the investments. Costs (3) If there are insufficient amounts in the Superannuation Account to pay the costs of the administration of this Act with respect to benefits payable under this Act in respect of pensionable service that is to the credit of contributors before April 1, 2000, those costs shall be paid out of the Public Service Superannuation Investment Fund. Transfer of amounts (4) The Minister of Finance may, after consultation with the Public Sector Pension Investment Board within the meaning of the Public Sector Pension Investment Board Act , transfer to the Superannuation Account amounts in the Public Service Superannuation Investment Fund that he or she determines, in the manner and at the times that that minister determines. 1999, c. 34, s. 96
Public Service Superannuation Act — P-36 44.2
Establishment of Public Service Pension Fund 44.2 (1) The Public Service Pension Fund is established. Amounts to be deposited into the Public Service Pension Fund (2) The following amounts shall be deposited into the Public Service Pension Fund: (a) the amounts determined by the Minister under subsection (3); (b) all other amounts required by this Act to be paid into the Fund; and (c) the income from the investment of the amounts referred to in paragraphs (a) and (b) plus profits less losses on the sale of the investments. Amounts to be determined by the Minister (3) There shall be deposited into the Public Service Pension Fund, in each fiscal year, in respect of every month, no later than thirty days after the end of the month in respect of which the deposit is made (a) an amount that is determined by the Minister, based on actuarial advice, to be required to provide for the cost of the benefits that have accrued in respect of that month in relation to current service and that will become payable out of the Public Service Pension Fund; and (b) an amount that is determined by the Minister in relation to the total amount paid into the Public Service Pension Fund during the preceding month by way of contributions in respect of past service. Determination of the amounts (4) In determining amounts for the purposes of paragraph (3)(a), the Minister may take into account any surplus in the Public Service Pension Fund as shown in the most recent actuarial valuation report referred to in section 45 on the state of the Fund. Transfer of amounts (5) The amounts deposited in the Public Service Pension Fund shall be transferred to the Public Sector Pension Investment Board within the meaning of the Public Sector Pension Investment Board Act to be dealt with in accordance with that Act. Payment of benefits (6) All amounts required for the payment of benefits for which this Part and Part III make provision shall be charged to the Public Service Pension Fund and paid out of the assets of the Public Sector Pension Investment Board if the benefits are payable in respect of pensionable service that comes to the credit of a contributor on or after April 1, 2000. 1999, c. 34, s. 96
Public Service Superannuation Act — P-36 44.21
Payment — waiver of reductions 44.21 Despite subsection 43(1) of this Act and section 21 of the Special Retirement Arrangements Act , the amount of the reduction provided for by clause 13(1)(c)(ii)(C) or 13.001(1)(c)(ii)(C) that, under either of those clauses, is waived by the Treasury Board during the period that begins on the day on which this section comes into force and ends on the 300th day after that day, is to be charged to the Public Service Pension Fund and paid out of the assets of the Public Sector Pension Investment Board. 2026, c. 3, s. 219
Public Service Superannuation Act — P-36 44.22
Payment — difference in amounts 44.22 Despite subsection 43(1) of this Act and section 21 of the Special Retirement Arrangements Act , the difference between the amount of the annual allowance that is payable to a contributor under clause 13(1)(c)(ii)(C.1) or 13.001(1)(c)(ii)(C.1) — and the amount of the annual allowance that would have been payable to them had they exercised an option under clause 13(1)(c)(ii)(B), (C) or (D) or 13.001(1)(c)(ii)(B), (C) or (D) and ceased to be employed in the public service at the same time as they in fact ceased to be so employed — is to be charged to the Public Service Pension Fund and paid out of the assets of the Public Sector Pension Investment Board. 2026, c. 3, s. 219
Public Service Superannuation Act — P-36 44.3
Amounts to be paid on basis of actuarial valuation report 44.3 (1) Following the laying before Parliament of any actuarial valuation report pursuant to section 45 that relates to the state of the Public Service Pension Fund, there shall be paid into that Fund, at the time and in the manner set out in subsection (2), the amount that in the opinion of the Minister will, at the end of the fifteenth fiscal year following the tabling of that report or at the end of a shorter period that the Minister may determine, together with the amount that the Minister estimates will be to the credit of the Public Service Pension Fund at that time, meet the cost of the benefits payable under this Part and Part III in respect of pensionable service that comes to the credit of contributors on or after April 1, 2000. Equal annual instalments (2) Subject to subsection (3), the amount required to be paid into the Public Service Pension Fund under subsection (1) shall be divided into equal annual instalments and the instalments shall be paid to the Public Service Pension Fund over a period of fifteen years, or a shorter period that the Minister may determine, with the first such instalment to be paid in the fiscal year in which the actuarial valuation report is laid before Parliament. Adjustments (3) When a subsequent actuarial valuation report is laid before Parliament before the end of the period applicable under subsection (2), the instalments remaining to be paid in that period may be adjusted to reflect the amount that is estimated by the Minister, at the time that subsequent report is laid before Parliament, to be the amount that will, together with the amount that the Minister estimates will be to the credit of the Public Service Pension Fund at the end of that period, meet the cost of the benefits payable under this Part and Part III in respect of pensionable service that comes to the credit of contributors on or after April 1, 2000. 1999, c. 34, s. 96