GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Public Service Superannuation Act — P-36 44.4
No more deposits if non-permitted surplus 44.4 (1) If, following the laying before Parliament of an actuarial valuation report pursuant to section 45 that relates to the state of the Public Service Pension Fund there is, in the Minister’s opinion, a non-permitted surplus in that Fund, no further amounts shall be deposited into the Fund under paragraph 44.2(3)(a) until the time that there is, in the Minister’s opinion, no longer a non-permitted surplus in the Fund. When non-permitted surplus (2) If, following the laying before Parliament of an actuarial valuation report pursuant to section 45 that relates to the state of the Public Service Pension Fund, there is, in the Minister’s opinion, a non-permitted surplus in that Fund, (a) the contributions payable under section 5 may be reduced in the manner, at the times and for the period that the Treasury Board determines, on the Minister’s recommendation; or (b) there may be paid out of the Public Service Pension Fund, and into the Consolidated Revenue Fund, the amount, at the time and in the manner, that the Treasury Board determines on the recommendation of the Minister. Minister’s recommendation (3) The Minister shall only make the recommendation referred to in paragraph (2)(b) after estimating, based on the report, that the amount that will be to the credit of the Public Service Pension Fund 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, will not be less than the total of (a) the amount that will be required in order to 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, and (b) the amount of any surplus in the Public Service Pension Fund that does not constitute a non-permitted surplus. When surplus is not non-permitted surplus (4) If, following the laying before Parliament of an actuarial valuation report pursuant to section 45 that relates to the state of the Public Service Pension Fund, there is, in the Minister’s opinion, a surplus that is not a non-permitted surplus in that Fund, the contributions payable under section 5 or paragraph 44.2(3)(a) may be reduced in the manner, at the times and for the period that the Treasury Board determines, on the Minister’s recommendation. Non-permitted surplus (5) For the purposes of this section, a non-permitted surplus exists when the amount by which assets exceed liabilities in the Public Service Pension Fund, as determined by the actuarial valuation report referred to in section 45 or one requested by the Minister, is greater than 25 percent of the amount of liabilities in respect of contributors, as determined in that report. When reduction in contributions (6) For greater certainty, a reduction in contributions under paragraph (2)(a) or subsection (4) is not to be considered as changing the contribution rate that applied before the reduction in contributions. 1999, c. 34, s. 96 2019, c. 29, s. 158
Public Service Superannuation Act — P-36 44.5
Costs 44.5 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 comes to the credit of contributors on or after April 1, 2000 shall be paid out of the Public Service Pension Fund. 1999, c. 34, s. 96
Public Service Superannuation Act — P-36 45
Public Pensions Reporting Act 45 In accordance with the Public Pensions Reporting Act , a cost certificate, an actuarial valuation report and an assets report on the state of each of the Superannuation Account, the Public Service Superannuation Investment Fund and the Public Service Pension Fund shall be prepared, filed with the Minister designated under that Act and laid before Parliament. R.S., 1985, c. P-36, s. 45; R.S., 1985, c. 13 (2nd Supp.), s. 12; 1999, c. 34, s. 97
Public Service Superannuation Act — P-36 46
Annual report 46 The Minister shall cause to be laid before each House of Parliament each year a report on the administration of this Part and Part III during the preceding fiscal year, including a statement showing the amounts paid into and out of the Superannuation Account, the Public Service Superannuation Investment Fund and the Public Service Pension Fund during that year, by appropriate classifications, the number of contributors and the number of persons receiving benefits under this Part and Part III, together with the additional information that the Governor in Council may by regulation require. R.S., 1985, c. P-36, s. 46; 1992, c. 46, s. 24; 1999, c. 34, s. 97
Public Service Superannuation Act — P-36 46.1
Definitions 46.1 The definitions in this section apply in this Part. Corporation means the Canada Post Corporation within the meaning of the Canada Post Corporation Act . ( Société ) member means a person to whom the plans referred to in section 46.3 or 46.4 apply. ( membre ) 1999, c. 34, s. 97
Public Service Superannuation Act — P-36
Corporation means the Canada Post Corporation within the meaning of the Canada Post Corporation Act . ( Société )
Public Service Superannuation Act — P-36
member means a person to whom the plans referred to in section 46.3 or 46.4 apply. ( membre )
Public Service Superannuation Act — P-36 46.2
Deemed deletion 46.2 The repeal of subsection 13(2) of the Canada Post Corporation Act by section 227 of the Public Sector Pension Investment Board Act is deemed to constitute a deletion from Schedule I of the Corporation, within the meaning of subsection 42(4), on the day on which that section comes into force. 1999, c. 34, s. 97
Public Service Superannuation Act — P-36 46.3
it improvements or for reductions in the contributions made by the members or the Corporation; and (g) when the plans referred to in paragraphs (1)(a) and (b) are established, the Corporation has informed all the employees and representatives of employees of the changes that the plans would make to their pension arrangements and given them the opportunity to make their views and interests known with respect to the changes. No benefits except under the plans (4) On and after the effective date of the plans referred to in paragraphs (1)(a) or (b), no member or member’s survivor is entitled to any benefit under this Act or the regulations referred to in subparagraph (3)(b)(i), except benefits under the plans. No liability for matters arising before effective date (5) The Corporation is not liable with respect to any matter attributable to a period that ended before the effective date of the plans, other than in respect of obligations set out in this Act. Transfer of accrued benefits (6) Notwithstanding any other provision of this Act, the value of benefits that have accrued to the members who are contributors under this Act on the day before the effective date of the plans, calculated in accordance with this Act and the regulations referred to in subparagraph (3)(b)(i), shall be transferred to the plans in accordance with any regulations made under paragraph 42.1(1)(v.7). Pension plans not to affect accrued benefits (7) The provisions of the pension plans referred to in this section respecting the benefits that had accrued to a member under this Act before the effective date of the plans shall not be the subject of collective bargaining under Part I of the Canada Labour Code and shall not be altered in a way that would reduce those benefits. Period beginning on January 1, 2013 (8) Each plan referred to in paragraph (1)(a) that was approved under subsection (3) is deemed to have included a provision indicating that, despite clause (3)(b)(ii)(B), each member will be required to contribute, by reservation from salary or otherwise, for the period beginning on January 1, 2013, at the rate that the Board of Directors of the Corporation may fix from time to time, which rate must not result in a total amount of contributions that would exceed 50% of the current service cost for the portion of the period in respect of the benefits payable under the plan. 1999, c. 34, s. 97; 2012, c. 31, s. 500
Public Service Superannuation Act — P-36 46.4
Establishment of group life insurance plan 46.4 (1) The Corporation shall, no later than the date referred to in subsection 46.3(1), establish no fewer than one group life insurance plan for persons referred to in that subsection. Benefits, etc., equal to public service regime (2) The plans must provide for benefits for the members and their beneficiaries at least equal to those provided under Part II, as it read on the day before the effective date of the plans, at a contribution rate no greater than the contribution rate under that Part as it read on that day. Benefits to former employees (3) A person has the same rights as a member under subsection (2) if (a) he or she ceases to be employed by the Corporation after the effective date of the plans; and (b) at the time he or she ceases to be so employed, he or she has an entitlement to an immediate pension benefit, other than a lump-sum benefit, under a plan referred to in subsection 46.3(1). 1999, c. 34, s. 97
Public Service Superannuation Act — P-36 46.5
No alteration of plans before October 1, 2001 46.5 (1) The terms of the plans referred to in sections 46.3 and 46.4 shall not be the subject of collective bargaining — and shall not be modified with respect to employees not represented by a bargaining agent within the meaning of Part I of the Canada Labour Code — for any period that ends before October 1, 2001. Alteration of plans (2) The provisions of the plans referred to in subsection (1), other than those referred to in subsection 46.3(7), may be the subject of collective bargaining if notice to bargain collectively is given within the meaning of section 49 of that Act on or after October 1, 2001. 1999, c. 34, s. 97
Public Service Superannuation Act — P-36 46.6
No longer a participant under Part II 46.6 Notwithstanding section 51, a person ceases to be a participant for the purposes of Part II on the day on which section 227 of the Public Sector Pension Investment Board Act comes into force. 1999, c. 34, s. 97
Public Service Superannuation Act — P-36 47
 benefit” in this subsection, or to whom the basic benefit of five hundred dollars referred to in paragraph (c) of that definition — or to whom the basic benefit of five thousand dollars referred to in paragraph (d) of that definition — applies without contribution under this Part by the participant for it, (e) a person to whom subsection 5.1(2) applies, and (f) a person who has made an election under subsection 5.3(1), but does not include an employee of a Crown corporation or public board excluded from the operation of this Part by the regulations; ( participant ) public board means a board, commission or corporation specified in Schedule I; ( office public ) regular force participant means a person who is a participant under Part II of the Canadian Forces Superannuation Act ; ( participant de la force régulière ) salary means (a) in the case of a participant employed in the public service, the salary as defined for purposes of Part I, expressed in terms of an annual rate, except that where a retroactive increase is authorized in the salary of that participant, the increase shall be deemed to have commenced to have been received by him on such day as the regulations prescribe, (b) in the case of an elective participant, his salary in the public service at the time he ceased to be employed in the public service, expressed in terms of an annual rate, and (c) in the case of a participant who is required to contribute to the Retirement Compensation Arrangements Account by section 8 or 9 of the Retirement Compensation Arrangements Regulations, No. 1 , the salary referred to in subsections 8(3) or 9(1) of those Regulations. ( traitement ) Other words and expressions (2) In this Part, words and expressions other than those mentioned in subsection (1) have the same meaning as in Part I. R.S., 1985, c. P-36, s. 47; 1992, c. 46, s. 25; 1996, c. 16, s. 51; 1999, c. 34, s. 98; 2003, c. 22, s. 225(E)
Public Service Superannuation Act — P-36 (a)
basic benefit , with respect to a participant, means an amount equal to twice the salary of the participant, if that amount is a multiple of one thousand dollars, or an amount equal to the nearest multiple of one thousand dollars above twice the salary of the participant, if the first-mentioned amount is not a multiple of one thousand dollars, subject to a reduction of ten per cent, to be made as of the time that the regulations prescribe, for every year of age in excess of sixty-five attained by the participant, except that (a) in the case of a participant who is employed in the public service, the basic benefit shall not be less than (i) an amount equal to one third of the participant’s salary, if that one-third is a multiple of one thousand dollars, or an amount equal to the nearest multiple of one thousand dollars above one third of the participant’s salary, if that one-third is not a multiple of one thousand dollars, or (ii) ten thousand dollars, whichever is the greater, (b) subject to paragraphs (c) and (d), in the case of an elective participant who, on ceasing to be employed in the public service, on ceasing to be a member of the regular force or on ceasing to be required to contribute to the Retirement Compensation Arrangements Account by section 8 or 9 of the Retirement Compensation Arrangements Regulations, No. 1 , was entitled to an immediate annuity, or an immediate annual allowance, the basic benefit shall not be less than ten thousand dollars, (c) in the case of an elective participant who makes an election under subsection 52(2), the basic benefit shall be five hundred dollars, (d) in the case of an elective participant who makes an election under subsection 52(2.1), the basic benefit shall be five thousand dollars, and (e) in the case of an elective participant who makes an election under subsection 52(2.2), the basic benefit shall be subject to a reduction of ten per cent, to be made as of the time that the regulations prescribe, for every year of age in excess of sixty attained by the participant; ( prestation de base )
Public Service Superannuation Act — P-36
benefit means the amount payable in respect of a participant under section 54; ( prestation )
Public Service Superannuation Act — P-36
Crown corporation means a Crown corporation as defined in section 83 of the Financial Administration Act , except any such corporation specified in Part I of Schedule I to this Act; ( société d’État )
Public Service Superannuation Act — P-36
elective , as applied to a participant, means that the participant comes within paragraph (c) or (d) of the definition “participant” in this section; ( volontaire )
Public Service Superannuation Act — P-36
immediate annual allowance means an annual allowance payable within thirty days after the day on which a participant ceases to be employed in the public service after March 31, 1995, or ceases to be required to contribute to the Retirement Compensation Arrangements Account by section 8 or 9 of the Retirement Compensation Arrangements Regulations, No. 1 ; ( allocation annuelle immédiate )
Public Service Superannuation Act — P-36 (a)
participant means (a) a person who is required by section 5 to contribute to the Superannuation Account or the Public Service Pension Fund, (b) an employee of a Crown corporation who is required to contribute to the Superannuation Account or the Public Service Pension Fund in respect of current service, (b.1) a person who is required to contribute to the Retirement Compensation Arrangements Account by section 8 or 9 of the Retirement Compensation Arrangements Regulations, No. 1 , (c) a person not coming within paragraphs (a) to (b.1) who has made an election under section 51 and continues to contribute under this Part, (d) a person not coming within paragraph (a), (b), (b.1) or (c) who has made an election under section 51 and to whom the basic benefit of ten thousand dollars referred to in paragraph (b) of the definition “basic benefit” in this subsection, or to whom the basic benefit of five hundred dollars referred to in paragraph (c) of that definition — or to whom the basic benefit of five thousand dollars referred to in paragraph (d) of that definition — applies without contribution under this Part by the participant for it, (e) a person to whom subsection 5.1(2) applies, and (f) a person who has made an election under subsection 5.3(1), but does not include an employee of a Crown corporation or public board excluded from the operation of this Part by the regulations; ( participant )
Public Service Superannuation Act — P-36
public board means a board, commission or corporation specified in Schedule I; ( office public )
Public Service Superannuation Act — P-36
regular force participant means a person who is a participant under Part II of the Canadian Forces Superannuation Act ; ( participant de la force régulière )
Public Service Superannuation Act — P-36 (a)
salary means (a) in the case of a participant employed in the public service, the salary as defined for purposes of Part I, expressed in terms of an annual rate, except that where a retroactive increase is authorized in the salary of that participant, the increase shall be deemed to have commenced to have been received by him on such day as the regulations prescribe, (b) in the case of an elective participant, his salary in the public service at the time he ceased to be employed in the public service, expressed in terms of an annual rate, and (c) in the case of a participant who is required to contribute to the Retirement Compensation Arrangements Account by section 8 or 9 of the Retirement Compensation Arrangements Regulations, No. 1 , the salary referred to in subsections 8(3) or 9(1) of those Regulations. ( traitement )
Public Service Superannuation Act — P-36 47.1
Application 47.1 (1) A person who, immediately before the date on which this subsection comes into force, was contributing under Division II of Part I of the Retirement Compensation Arrangements Regulations, No. 1 and had elected under that Division to continue to contribute is an elective participant for the purposes of this Part. Salary (2) For the purposes of this Part, the salary of a participant described in subsection (1) is the participant’s salary under Division I of Part I of those Regulations in effect at the end of the period during which he or she was required to contribute under that Division. Deemed election (3) An election by a participant under subsection 27(1) of those Regulations before the date on which this subsection comes into force is deemed to be an election under subsection 52(1). Deemed designation (4) A designation made by a participant under subsection 23(1) of those Regulations before the date on which this subsection comes into force is deemed to be a designation under section 26 of the Supplementary Death Benefit Regulations . 1999, c. 34, s. 99
Public Service Superannuation Act — P-36 48
Crown corporation employees 48 A participant who is employed by a Crown corporation shall for the purposes of this Part be deemed to be employed in the public service. R.S., 1985, c. P-36, s. 48; 2003, c. 22, s. 225(E)
Public Service Superannuation Act — P-36 49
Apportionment 49 If a benefit payable under Part I is apportioned between two survivors under subsection 25(2) or (10), the benefit payable to a person referred to in subsection 55(2) is apportioned in the same manner. R.S., 1985, c. P-36, s. 49; 1999, c. 34, s. 100
Public Service Superannuation Act — P-36 50
Service to be counted 50 For the purposes of sections 51 and 53, (a) in calculating the period during which a person has been employed in the public service, any service of that person as a member of the regular force, or the period during which the person was required to contribute to the Retirement Compensation Arrangements Account by section 8 or 9 of the Retirement Compensation Arrangements Regulations, No. 1 , shall be deemed to be employment in the public service; and (b) in calculating the period during which a person has been a participant under this Part, any period during which that person was a regular force participant under this Part prior to August 1, 1966 or under Part II of the Canadian Forces Superannuation Act , or was contributing under Division II of Part I of the Retirement Compensation Arrangements Regulations, No. 1 , shall be included. R.S., 1985, c. P-36, s. 50; 1999, c. 34, s. 100; 2003, c. 22, s. 225(E)
Public Service Superannuation Act — P-36 51
Election to continue as participant 51 (1) A participant who is employed in the public service and has been so employed substantially without interruption for two years or more or has been a participant under this Part without interruption for two years or more may, within one year before the time of ceasing to be employed in the public service, elect to continue to be a participant under this Part after that time. Election to continue as participant (2) A person who ceases to be employed in the public service and at the time of ceasing to be so employed is a participant who has been employed in the public service substantially without interruption for two years or more or has been a participant under this Part without interruption for two years or more, (a) shall be deemed, for the purposes of this Part except section 53, to be a participant under this Part for a period of thirty days after that time; and (b) may, within that period of thirty days, elect to continue to be a participant under this Part after the expiry of that period, and shall, if on ceasing to be so employed, or on ceasing to be required to contribute to the Retirement Compensation Arrangements Account by section 8 or 9 of the Retirement Compensation Arrangements Regulations, No. 1 , he or she is entitled to an immediate annuity or an immediate annual allowance — or to an immediate benefit or an immediate allowance under Part I of those regulations — be deemed so to have elected within that period to continue to be a participant under this Part after the expiry of that period. Idem (3) An election under subsection (1) or (2) shall be deemed not to take effect until the expiration of the period of thirty days mentioned in paragraph (2)(a). When regular force participant deemed participant (4) Despite anything in this Part, a participant who becomes a regular force participant ceases to be a participant under this Part, but if on ceasing to be a regular force participant they are not entitled to an immediate annuity or an immediate annual allowance under the Canadian Forces Superannuation Act and are entitled to an immediate annuity or an immediate annual allowance under Part I, they are deemed to have elected under subsection (1) to continue to be a participant under this Part. R.S., 1985, c. P-36, s. 51; 1996, c. 18, s. 36; 1999, c. 34, s. 101; 2003, c. 22, s. 225(E), c. 26, s. 53