GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Public Service Superannuation Regulations — 6.01
6.01 (1) Where, under the Act, an amount has been paid in error to a person in respect of a supplementary benefit, the Minister shall immediately demand payment from that person of that amount. (2) If a person from whom payment of an amount has been demanded pursuant to subsection (1) has not paid the amount within 30 days after the day on which the demand is made, the Minister may deduct the amount from the person’s annuity, annual allowance or supplementary benefit, in approximately equal monthly instalments each of which is equal to two per cent of the gross monthly amount of the annuity or annual allowance, as the case may be. (3) A person in respect of whom deductions are made under subsection (2) may, at any time, (a) pay the amount then owing in one lump sum; (b) arrange to have the amount of the monthly instalments increased; or (c) make a partial payment and arrange to have the remaining amount owing deducted in approximately equal monthly instalments, over a period equal to or less than the period over which instalments would otherwise be payable under that subsection. (4) Where deductions are to be made pursuant to this section, the first deduction shall be made in the month following the month in which the 30 day period referred to in subsection (2) ends, and further deductions shall be made in each month thereafter until the amount owing has been paid in full. (5) Subsections 5(9) and (10) apply in respect of a demand by the Minister or an amount payable under this section. SOR/93-450, s. 2
Public Service Superannuation Regulations — 6.2
6.2 For the purposes of sections 5.1 and 5.2 and paragraph 8(2)(b.1) of the Act, of the definitions full-time and part-time employee in subsection 3(2) and of subsection 3(3) and sections 6.6, 6.7 and 30.1 to 30.3, the average number of hours per week for which a part-time employee is engaged to work is (a) where the employee is engaged to work the same number of hours each week in one or more positions, the total of those hours; and (b) where the employee is not engaged to work the same number of hours each week, (i) where the employee works according to a regular work cycle with scheduled hours of work, the total number of the scheduled hours of work during a work cycle divided by the number of weeks in the cycle, and (ii) in any other case, the total number of the scheduled hours of work during a three-month period divided by the number of weeks in the period. SOR/94-483, s. 2
Public Service Superannuation Regulations — 6.3
6.3 (1) A person referred to in section 5.2 of the Act may elect, pursuant to that section, to contribute to the Superannuation Account on or before the latest of (a) July 4, 1996, (b) six months after the day on which a written notice is sent to the person stating that the person is eligible to make such an election, and (c) where the person was absent on leave without pay on July 4, 1994, six months after the day on which the person returns to duty. (2) Where it has been established that a person referred to in subsection (1) received, from a person employed in the  public service whose ordinary duties included the giving of advice respecting the application of the Act, erroneous or misleading advice regarding the time within which an election under section 5.2 of the Act may be made or regarding the application of the Act or these Regulations to a part-time employee, the Minister shall send to the person who received the information a written notice containing the correct information and stating that the person is entitled to make the election within the time limit specified in subsection (3). (3) Notwithstanding subsection (1), the person who receives a notice in accordance with subsection (2) may make an election not later than three months after the day on which the notice is sent. SOR/94-483, s. 2; SOR/98-286, s. 1; SOR/2000-167, s. 1; SOR/2016-203, s. 46(E)
Public Service Superannuation Regulations — 6.4
6.4 (1) Subject to subsection (3), a person may revoke an election made under section 5.2 of the Act where it has been established that the person received, from a person employed in the public service whose ordinary duties included the giving of advice respecting the application of the Act, erroneous or misleading advice regarding the application of the Act or these Regulations to a part-time employee. (2) Where it has been established that a person has received erroneous or misleading advice as described in subsection (1), the Minister shall send to that person a written notice containing the correct information and that the person is entitled to make the election within the time limit specified in subsection (3). (3) The person shall notify the Minister in writing of the revocation of the election within three months after the day on which the notice referred to in subsection (2) is sent. SOR/94-483, s. 2; SOR/98-286, s. 2; SOR/2000-167, s. 2; SOR/2016-203, s. 46(E)
Public Service Superannuation Regulations — 6.5
6.5 Notwithstanding subsection 8(3) of the Act, a contributor who is entitled to elect under Part I of the Act may elect to pay (a) for any part of a period of part-time service; and (b) for a period of full-time service that occurred prior to a period of part-time service. SOR/94-483, s. 2
Public Service Superannuation Regulations — 6.7
6.7 A contributor is required to contribute to the Superannuation Account, in respect of a period of service referred to in clause 6(1)(b)(iii)(I.1) of the Act, an amount equal to the amount that the contributor would have been required to contribute under paragraph 7(1)(e) of the Act on the basis of a salary equal to the amount determined by the formula A × B where A is the salary that was authorized to be paid to the contributor as at July 4, 1994; and B is the aggregate of the amounts determined for each part-time position in which the contributor was engaged to work during the period by the formula C/D where, in respect of each position, C is the average number of hours per week for which the contributor was engaged to work, and D is the normal hours of work established for full-time employees in the occupational group of which the employee was a member. SOR/94-483, s. 2; SOR/94-539, s. 1
Public Service Superannuation Regulations — 7.1
7.1 (1) A contributor who is absent from the public service on leave without pay is deemed to have received, during that absence, a salary equal to the salary that would have been authorized to be paid to the contributor had the contributor not been absent. (2) Where a contributor’s salary is calculated for the purposes of subsection (1), any salary increase that would have been paid to the contributor if the contributor had not been absent on leave without pay shall apply, except in a case where the collective agreement or another authority governing the contributor’s working conditions provides otherwise. SOR/91-332, s. 4; SOR/93-450, s. 4; SOR/2016-203, s. 46(E)
Public Service Superannuation Regulations — 7.2
nt, (a) by reservation in a lump sum immediately on the allowance becoming payable; or (b) by reservation from the monthly instalment of the allowance of an amount equal to the amount of any instalment otherwise payable by the contributor under this section prior to the death of the contributor or 30 per cent of the gross amount of the monthly instalment, whichever is the lesser. (6) Despite subsections (1) to (5), if payment under one of those subsections would cause financial hardship to the contributor or any other recipient, they may choose to pay the amount payable (a) in respect of payments under subsection (1) or (3), by reservation from the contributor’s salary in approximately equal instalments over a period equal to or less than the lesser of three times the period of absence and 15 years; (b) in respect of payments under subparagraph (4)(a)(i), by reservation from the monthly instalment of the benefit of an amount equal to or greater than 15 per cent of the gross monthly benefit; and (c) in respect of payments under paragraph (5)(b), by reservation from the monthly instalment of the allowance of an amount equal to or greater than 15 per cent of the gross monthly allowance. (7) Nothing in this section prohibits the payment at any time before the time specified herein of all or part of any amount that is payable pursuant to section 7. SOR/91-332, s. 4; SOR/93-450, s. 5; SOR/2016-203, ss. 6, 41, 46(E) SOR/2021-136, s. 2
Public Service Superannuation Regulations — 7.3
7.3 Where a contributor is absent on leave without pay and is serving with an international organization and (a) the contributor is required to contribute to the pension plan applicable to that international organization, (b) a lump sum is payable to the contributor under the pension plan applicable to that international organization at the time the contributor ceases to serve with that organization, and (c) pursuant to an agreement with the Government of Canada, a lump sum payment not exceeding the amount that the contributor is required to pay pursuant to section 7 is payable to the Government of Canada from the pension plan applicable to that international organization, the amount that is received by the Government of Canada pursuant to the agreement referred to in paragraph (c) shall be applied against the amount that is required to be paid by the contributor pursuant to section 7, and any balance then remaining to be paid by the contributor shall be paid in accordance with subsection 7.2(3). SOR/91-332, s. 4
Public Service Superannuation Regulations — 8.1
8.1 A contributor may make an election under subsection 5.3(1) of the Act (a) in respect of a period of leave of absence without pay that ends on or after September 9, 1993, at any time during the period that begins three months after the period of leave commenced and ends three months after the day on which the contributor returns to duty in a position in respect of which the contributor is required under section 5 or 65 of the Act to contribute to the Superannuation Account and in a capacity other than on leave without pay from another position in the public service; and (b) in respect of a period of leave of absence without pay that ended before September 9, 1993 and in respect of which the contributor has not, before that day, made all of the contributions otherwise required pursuant to section 7 in respect of that period, at any time before all of those contributions have been made. SOR/93-450, s. 6; SOR/2016-203, s. 46(E)
Public Service Superannuation Regulations — 8.2
8.2 (1) A contributor may revoke an election made under subsection 5.3(1) of the Act if the contributor received, from a person employed in the public service whose ordinary duties included the giving of advice respecting the counting of service under the Act, erroneous or misleading information regarding (a) the amount that would otherwise be required to be contributed in respect of the period in relation to which the election was made; (b) the amount that would be required to be contributed, or any other conditions that would apply, if the contributor were to make an election pursuant to clause 6(1)(b)(iii)(L) of the Act; (c) the resulting benefit that would have been provided by the addition to the contributor’s pensionable service credit of the period in relation to which the election was made; or (d) the deductibility, under the Income Tax Act , of contributions referred to in paragraph (a) or (b). (2) A revocation under subsection (1) applies to the entire period in respect of which the election was made. (3) A revocation under subsection (1) shall be made within three months after the day on which the contributor received written acknowledgement that the information referred to in that subsection was erroneous or misleading. SOR/93-450, s. 6; SOR/2016-203, s. 46(E)
Public Service Superannuation Regulations — 8.3
8.3 For the purposes of paragraph 7(1)(k) of the Act, a contributor who elects, pursuant to clause 6(1)(b)(iii)(L) of the Act, to pay for a period of service in respect of which the contributor has made an election under subsection 5.3(1) of the Act, shall pay an amount equal to the aggregate of (a) the amount that the person would have been required, under section 7, to contribute in respect of that service, if the person had received a salary during that period equal to the salary authorized to be paid to the person on the day the person made the election under clause 6(1)(b)(iii)(L) of the Act, and (b) interest within the meaning of subsection 7(2) of the Act. SOR/93-450, s. 6
Public Service Superannuation Regulations — 8.4
8.4 For the purposes of subsection 5.3(4) of the Act, the portion of a period of leave of absence that is to be counted as pensionable service under clause 6(1)(a)(ii)(A) of the Act is the least recent portion of the period of leave in respect of which contributions made prior to the election would have been sufficient for the purposes of section 7 if those contributions had been applied to that portion. SOR/93-450, s. 6
Public Service Superannuation Regulations — 8.5
8.5 (1) Notwithstanding Part I of the Act, a contributor shall not count as pensionable service any period of leave of absence without pay, or any portion of such a period, that begins after December 31, 1995 if the absence does not meet the conditions for a qualifying period set out in subsection 8507(2) of the Income Tax Regulations , as that subsection read on January 15, 1992. (2) A contributor who by reason of subsection (1) cannot count a period of leave of absence without pay, or a portion of such a period, (a) notwithstanding Parts I and III of the Act, is not required to contribute to the Superannuation Account in respect of that period or portion of a period; and (b) for the purposes of Part II of the Act, remains a participant within the meaning of subsection 47(1) of the Act in respect of that period or portion of a period. SOR/96-18, s. 1
Public Service Superannuation Regulations — 9
ice referred to in paragraph (f) or (g), an amount obtained by multiplying those contributions by the same multiplier as that used to determine the amount to be deposited into the Public Service Pension Fund in accordance with subsection 44.2(3) of the Act. SOR/93-450, ss. 11(F), 12; SOR/2000-137, s. 1; SOR/2007-306, s. 1; SOR/2016-203, s. 46(E)
Public Service Superannuation Regulations — 10
10 (1) For the purposes of clause 5(1)(a)(ii)(B) of the Act, where a contributor has contributed to the Retirement Fund prior to becoming a contributor under the Act, that portion of the period (as determined by the Minister) during which they so contributed shall be counted as non-elective service to the extent that the amount transferred from the Retirement Fund to the Superannuation Account will purchase, applied to that portion of pensionable service which is most recent in point of time, calculated at the rates set forth in subsection 4(1) of the Act in respect of a salary equal to the salary authorized to be paid to them during that period of pensionable service, together with interest. (2) The portion of the period of service that remains after the calculations provided for in this section are made may, pursuant to clause 5(1)(b)(iii)(F) of the Act, be counted by the contributor as pensionable service where they elect, in accordance with the Act, to count the said service and the contributions payable by them in respect thereof shall be an amount calculated in accordance with paragraph 6(1)(e) of the Act, together with interest. (3) For the purpose of making the calculations provided for in this section interest has the same meaning as in subsection 6(2) of the Act. (4) For the purposes of this section, where a contributor commenced contributing to the Superannuation Account prior to the time they became required to contribute in accordance with subsection 4(1) of the Act, the determination of the portion of service purchased by the transfer of the amount to their credit in the Retirement Fund, and the determination of the cost of the remaining portion in accordance with subsections (1) and (2) of this section, shall be made as if the contributor had been required to contribute to the Superannuation Account at the time they so commenced to contribute. SOR/93-450, s. 11(F); SOR/2016-203, ss. 42(E), 43(E), 45(E)
Public Service Superannuation Regulations — 11
11 A contributor may elect to count (a) for the purpose of clause 5(1)(b)(iii)(D) of the Act, service with the North Atlantic Treaty Organization; and (b) for the purpose of clause 5(1)(b)(iii)(E) of the Act, the kinds of civilian war service during World War II set out in Schedule II.
Public Service Superannuation Regulations — 12.1
12.1 (1) Despite section 5 of the Act, a person who attained 71 years of age on or before December 31, 2002 is not required to contribute to the Superannuation Account or the Public Service Pension Fund under that section in respect of any employment in the public service after December 31 of the year in which they attained that age or, in the case of a person who attained 71 years of age on or before December 31, 1995, after March 31, 1996. (2) Despite section 5 of the Act, a person who attained 69 years of age on or after January 1, 2003 and before January 1, 2007 is not required to contribute to the Public Service Pension Fund under that section in respect of any employment in the public service after December 31 of the year in which they attain that age. (3) Despite section 5 of the Act, a person who attained 70 or 71 years of age during the year 2003 is not required to contribute to the Public Service Pension Fund under that section in respect of any employment in the public service after December 31, 2003. (4) Despite section 5 of the Act, a person who attains 71 years of age on or after January 1, 2009 is not required to contribute to the Public Service Pension Fund under that section in respect of any employment in the public service after December 31 of the year in which they attain that age. (5) A person who would be required to contribute to the Superannuation Account or the Public Service Pension Fund but for the application of subsection (1), (2), (3) or (4) is (a) a contributor for the purposes of paragraph 29(a) of the Act; and (b) a participant within the meaning of subsection 47(1) of the Act. (6) Despite subsection 69(3) of the Act and subject to subsection 69(6) of the Act, for the purposes of section 69 of the Act, the retirement year or retirement month of a person referred to in subsection (1), (2), (3) or (4) to whom, in respect of whom or in respect of whose service a pension is payable is the year or month, as the case may be, in which, in accordance with subsection (1), (2), (3) or (4), they cease to be required to contribute to the Superannuation Account or the Public Service Pension Fund. SOR/96-18, s. 2; SOR/2002-365, s. 2; SOR/2008-2, s. 1; SOR/2016-203, s. 43(E)
Public Service Superannuation Regulations — 12.2
12.2 (1) A person who attained 69 years of age during the year 2005 or 2006, regardless of whether they have ceased to be employed in the public service before the day on which this section comes into force, may elect to count as pensionable service the periods of service during which the person was employed during the two calendar years following the calendar year in which the person attained that age and for which the person would have been required to contribute to the Public Service Pension Fund but for section 12.1 as it read on December 31, 2007. (2) The election applies to all of the person’s periods of service during the two calendar years. SOR/2010-184, s. 1
Public Service Superannuation Regulations — 12.3
12.3 (1) The person shall send the election referred to in section 12.2 to the Minister within one year after the day on which a written notice is sent to the person stating that they are eligible to make the election. (2) The person shall make the election in writing and sign and date it. (3) The election is deemed to have been made on the date that it bears. SOR/2010-184, s. 1
Public Service Superannuation Regulations — 12.4
12.4 (1) A person who makes the election referred to in section 12.2 shall pay to the Public Service Pension Fund (a) the contributions that they would have been required to pay under section 5 of the Act for the periods of service in respect of which the election was made if the person had contributed during these periods; and (b) interest calculated in accordance with subsection 7(2) of the Act. (2) The person shall make the payment in a lump sum within 60 days after the day on which the election was made. (3) If the payment is not made within this period the election is void and the person may not make the election again. SOR/2010-184, s. 1
Public Service Superannuation Regulations — 12.5
12.5 (1) A person may revoke an election made under section 12.2 within two years after the day on which it was made. (2) The revocation applies to all of the periods of service in respect of which the election was made. (3) The person shall repay the amount of any annuities, annual allowances or supplementary benefits received in relation to the periods of service in respect of which the election was made, either (a) in a lump sum, within 30 days after the revocation; or (b) in instalments that are to be deducted from any monthly instalments of benefits payable to the person under the Act in respect of other periods of service of the person. SOR/2010-184, s. 1
Public Service Superannuation Regulations — 12.6
12.6 The periods of service in respect of which the election was made under section 12.2 come to the person’s credit as at the last day of the last period. SOR/2010-184, s. 1
Public Service Superannuation Regulations — 12.7
12.7 In respect of a person who has made the election set out in section 12.2, paragraph 69(3)(a) of the Act is adapted as follows: (a) the retirement month of a recipient, other than a person referred to in paragraph (b), is the last month of the last period of service in respect of which the election was made under section 12.2 of the Public Service Superannuation Regulations and the retirement year of a recipient is the year in which that month falls; and SOR/2010-184, s. 1