GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Counting of Service by Former Members of the Senate or House of Commons Regulations — 5
5 (1) A contributor who elects within one year of becoming a contributor to count pensionable service pursuant to section 3 shall be medically examined unless he has, during the five-year period immediately prior to the election, been employed without interruption in the Public Service or as a member of the regular force, the Force, the Senate or House of Commons or in any combination of those employments. (2) A contributor who elects after one year of becoming a contributor to count pensionable service pursuant to section 3 shall be medically examined. (3) Notwithstanding subsection (1), a contributor who elects to count pensionable service pursuant to section 3 and to whom paragraph 3(b) applies shall be medically examined.
Counting of Service by Former Members of the Senate or House of Commons Regulations — 6
6 (1) A medical examination referred to in section 5 shall be conducted by a physician licensed or otherwise authorized to practise medicine in the jurisdiction in which the examination is performed. (2) A medical examination referred to in section 5 shall provide the information required by, and be reported in accordance with, Department of National Health and Welfare Form NHW 365 or NHW-SNBS 366. (3) The form referred to in subsection (2) shall, on completion, be submitted to the Medical Services Branch of the Department of National Health and Welfare. SOR/94-624, s. 1
Counting of Service by Former Members of the Senate or House of Commons Regulations — 6.1
6.1 (1) Subject to subsection (2), a medical examination required by section 5 shall be performed not more than three months before, nor more than six months after, the making of the election. (2) Where a person without fault fails to undergo a medical examination required by section 5 within the time set out in subsection (1), the person may undergo the medical examination within 30 days after being notified by the Minister that an examination is required. (3) A person shall be determined to have passed a medical examination required by section 5 where the Minister receives a report, prepared by the Assistant Deputy Minister of the Medical Services Branch of the Department of National Health and Welfare from the information contained in the form submitted pursuant to section 6, stating that the person (a) is capable of five years of continuous employment performing the duties that the contributor was performing at the time of the medical examination; or (b) has a normal life expectancy. (4) Where the Assistant Deputy Minister of the Medical Services Branch determines that the information contained in a form submitted pursuant to section 6 is insufficient to enable a report in respect of a person to be prepared under subsection (3), the Assistant Deputy Minister may require the person to undergo a further medical examination in accordance with section 6, to obtain the necessary information. (5) A person who, in the circumstances referred to in subsection (4), does not undergo a further medical examination required by that subsection shall be determined not to have been medically examined in accordance with section 5. SOR/94-624, s. 1
Counting of Service by Former Members of the Senate or House of Commons Regulations — 7
7 The election of a contributor who fails to pass a medical examination required by subsection 5(2) or (3) is void.
Counting of Service by Former Members of the Senate or House of Commons Regulations — 8
8 A contributor who makes an election pursuant to section 3 and to whom paragraph 3(b) applies shall pay (a) to the Superannuation Account, on the same basis had he continued to pay in accordance with the payment plan he elected under the Members of Parliament Retiring Allowances Act , an amount equal to the amount he had elected to contribute (i) pursuant to section 7 of that Act minus the amount of contributions he paid pursuant to section 9 of that Act, or (ii) pursuant to section 19 of that Act minus the amount of contributions he paid pursuant to section 20 of that Act, as the case may be; (b) to the Members of Parliament Retiring Allowances Account an amount equal to the amount of any allowance paid to him pursuant to the Members of Parliament Retiring Allowances Act for any period commencing in any month commencing after he has been a contributor under the Act for one year together with simple interest at four per cent per annum; and (c) to the Supplementary Retirement Benefits Account an amount equal to the amount of any supplementary retirement benefit paid to him pursuant to the Supplementary Retirement Benefits Act in respect of an allowance paid to him pursuant to the Members of Parliament Retiring Allowances Act for any period commencing in any month commencing after he has been a contributor under the Act for one year together with simple interest at four per cent per annum.
Counting of Service by Former Members of the Senate or House of Commons Regulations — 9
9 A contributor who makes an election pursuant to section 3 and to whom paragraph 3(b) does not apply shall pay to the Superannuation Account an amount calculated (a) in accordance with paragraph 6(1)(e) of the Act, if he elects within one year of becoming a contributor, or from December 23, 1976, whichever is later; or (b) in accordance with paragraph 6(1)(j) of the Act, if he elects at a later date.
Counting of Service by Former Members of the Senate or House of Commons Regulations — 10
10 Where a contributor makes an election pursuant to section 3, there shall be transferred to the Superannuation Account (a) all amounts paid by the contributor to the Members of Parliament Retiring Allowances Account less any amount paid to him as a withdrawal allowance under the Members of Parliament Retiring Allowances Act ; and (b) all amounts credited to that Account pursuant to section 4 of that Act in respect of the contributor.
Counting of Service by Former Members of the Senate or House of Commons Regulations — 11
11 Any amount required to be paid by a contributor pursuant to these Regulations other than paragraph 8(a) shall be paid by him (a) in a lump sum at the time of making the election; or (b) in instalments computed on such terms as are prescribed by section 5 of the Public Service Superannuation Regulations .
Counting of Service by Former Members of the Senate or House of Commons Regulations — 112
Terminology change — English version 112 Unless the context requires otherwise, every reference to “Force” is replaced by a reference to “RCMP” in the English version of every Act of Parliament and the English version of every order, regulation or other instrument made under an Act of Parliament.
Public Service Superannuation Regulations — 2
2 In this Part, Act , means the Public Service Superannuation Act ; ( Loi ) a(f) Ultimate and a(f) and a(m) Ultimate Tables mean the tables so entitled appearing in the “Mortality of Annuitants 1900-1920” published on behalf of the Institute of Actuaries and The Faculty of Actuaries in Scotland, 1924; ( Tables a(f) Ultimate et a(f) and a(m) Ultimate ) department includes any portion of the executive government of Canada, the Senate and House of Commons, the Library of Parliament and any board, commission, corporation or portion of the public service of Canada specified in Schedule I to the Act; ( ministère ) deputy head includes the chairman, president or other chief executive officer of a department; ( sous-ministre ) employee includes an officer and clerk. ( employé ) SOR/91-332, s. 1; SOR/93-450, s. 1; SOR/2002-365, s. 1
Public Service Superannuation Regulations — Public Service Superannuation Regulations
Act , means the Public Service Superannuation Act ; ( Loi )
Public Service Superannuation Regulations — Public Service Superannuation Regulations
a(f) Ultimate and a(f) and a(m) Ultimate Tables mean the tables so entitled appearing in the “Mortality of Annuitants 1900-1920” published on behalf of the Institute of Actuaries and The Faculty of Actuaries in Scotland, 1924; ( Tables a(f) Ultimate et a(f) and a(m) Ultimate )
Public Service Superannuation Regulations — Public Service Superannuation Regulations
department includes any portion of the executive government of Canada, the Senate and House of Commons, the Library of Parliament and any board, commission, corporation or portion of the public service of Canada specified in Schedule I to the Act; ( ministère )
Public Service Superannuation Regulations — Public Service Superannuation Regulations
deputy head includes the chairman, president or other chief executive officer of a department; ( sous-ministre )
Public Service Superannuation Regulations — Public Service Superannuation Regulations
employee includes an officer and clerk. ( employé )
Public Service Superannuation Regulations — 3
 more scheduled periods of lay-off of at least three consecutive months; ( employé saisonnier ) sessional employee means a person who (a) is an employee of either House or of both Houses of Parliament, and (b) is employed for one or more sessions of Parliament, but, for the purpose of paragraph 4(1)(f) of the Act, does not include a person who, immediately prior to becoming a person to whom paragraph (a) or (b) applies, was a person who was required to contribute under subsection 4(1) of the Act. ( employé de session ) (3) For the purposes of the definition salary in subsections 3(1) and 47(1) of the Act, the basic pay of a part-time employee is (a) where the part-time employee works less than the average number of hours per week for which the employee is engaged to work, the remuneration that the employee would have received if the employee had worked that average number of hours; and (b) in any other case, the remuneration received by the employee in respect of the average number of hours per week for which the employee is engaged to work. (4) [Repealed, SOR/94-483, s. 1] SOR/91-332, s. 2(F); SOR/93-450, s. 11(F); SOR/94-483, s. 1; SOR/2016-203, s. 46(E)
Public Service Superannuation Regulations — (a)
active service means full-time service as a member of (a) a component of the naval, army or air forces of Canada while that component was on active service having been placed on active service by the Governor in Council pursuant to the Militia Act 1 , or 1 Repealed by S.C. 1950, c. 43, s. 250. (b) a component of the naval, army or air forces of Her Majesty other than the forces specified in paragraph (a), or any of the Allies of Her Majesty, while members of that component were subject to service in a theatre of war; ( activité de service )
Public Service Superannuation Regulations — Public Service Superannuation Regulations
veterans’ hospital means, with respect to any person, any place where that person underwent, on an in-patient basis or on an out-patient basis with allowances, treatment authorized by the Department of Veterans Affairs, the Department of Pensions and National Health or the Department of Soldiers’ Civil Re-establishment. ( hôpital d’anciens combattants )
Public Service Superannuation Regulations — (a)
an employee engaged locally outside Canada means a person engaged outside Canada for services outside Canada with the exception of any such person who (a) is appointed to a continuing position during pleasure in accordance with the Public Service Employment Act , or (b) is appointed in accordance with any executive authority and who was, immediately prior to January 1, 1954, a contributor to the Superannuation Account; ( employé recruté sur place à l’étranger )
Public Service Superannuation Regulations — (a)
full-time , in respect of a person employed in the public service, means (a) where normal hours of work per week are established for employees in the occupational group of which the person is a member, engaged to work for the greater of the normal hours of work per week so established and 30 hours per week, (b) where no normal hours of work per week are established for employees in the occupational group of which the person is a member, engaged to work 37.5 hours per week, or (c) employed concurrently in more than one part-time position where the aggregate of the quotients of A ÷ B, calculated in respect of each such position, is equal to or greater than one, where, in respect of each position, A is the average number of hours per week for which the person is engaged to work, and B is the normal hours of work per week established for full-time employees in the occupational group of which the person is a member, or (d) except for the purposes of subsection 5(1) of the Act, in respect of employment before July 4, 1994, appointed as a commissioner under Part I of the Inquiries Act or to a position in respect of which the person has been granted the powers of such a commissioner; ( plein temps )
Public Service Superannuation Regulations — Public Service Superannuation Regulations
part-time employee means a person employed in the public service who is engaged to work, on average, for a total of at least 12 hours per week, in all positions in which the person is employed, but who is not a full-time employee; ( employé à temps partiel )
Public Service Superannuation Regulations — (a)
seasonal employee means, (a) in respect of employment before July 4, 1994, a person who (i) was certified in accordance with the Public Service Employment Act to be a seasonal employee, or (ii) was appointed, at a stated annual salary, to perform duties for a period of less than 12 months in successive years of employment, other than a person who was appointed as a teacher at a school established under the Indian Act or an ordinance of the Northwest Territories, but for the purposes of paragraph 5(1)(b) of the Act, does not include a person who, immediately prior to becoming a person described in subparagraph (i) or (ii), was a person who was required to contribute under subsection 5(1) of the Act, and (b) in respect of employment after July 3, 1994, a person employed in the public service who in each year has one or more scheduled periods of lay-off of at least three consecutive months; ( employé saisonnier )
Public Service Superannuation Regulations — (a)
sessional employee means a person who (a) is an employee of either House or of both Houses of Parliament, and (b) is employed for one or more sessions of Parliament, but, for the purpose of paragraph 4(1)(f) of the Act, does not include a person who, immediately prior to becoming a person to whom paragraph (a) or (b) applies, was a person who was required to contribute under subsection 4(1) of the Act. ( employé de session )
Public Service Superannuation Regulations — 3.1
3.1 Persons employed in the Caucus Research Bureaus of the House of Commons are hereby prescribed as a category of employees for the purpose of paragraphs 2(1.1)(b) of the Act. SOR/85-148, s. 1
Public Service Superannuation Regulations — 4
4 (1) The kind of superannuation or pension benefit referred to in subsection 5(5) of the Act is one that (a) is granted under the Judges Act ; (b) is payable out of the Consolidated Revenue Fund or out of any account or fund in the accounts of Canada other than the Superannuation Account or the Government Annuities Account, or out of a superannuation or pension fund or plan pursuant to which contributions have been paid out of the Consolidated Revenue Fund in respect of employees engaged locally outside of Canada, and that (i) is related in amount to the period of service that may be counted by the person to whom the superannuation or pension benefit is payable, and (ii) is payable in instalments during the lifetime of the recipient and thereafter if the superannuation or pension plan so provides; or (c) is payable, pursuant to the pension or superannuation provisions of a board, commission or corporation that is, or may hereafter be, specified in Schedule A of the Act, out of any account or fund not in the Consolidated Revenue Fund, and that (i) is related in amount to the period of service that may be counted by the person to whom the superannuation or pension benefit is payable, and (ii) is payable in instalments during the lifetime of the recipient and thereafter if the superannuation or pension plan so provides. (2) The kind of superannuation or pension benefit referred to in paragraph 8(2)(a) of the Act is one that (a) is provided in whole or in part as a result of contributions, grants or other payments made by the employer; (b) is related in amount to the period of service that may be counted by the person to whom the superannuation or pension benefit is payable; and (c) is payable in instalments during the lifetime of the recipient and thereafter if the superannuation or pension plan so provides. (3) Notwithstanding subsection (2), where a contributor is receiving or will be entitled to receive a superannuation or pension benefit based upon a portion of a period of service in pensionable employment and the benefit cannot be surrendered by the contributor, only the portion of the period of service upon which the benefit is based shall be deemed to fall within the provisions of that subsection, and for that purpose (a) the portion of the period of service shall be related to and deemed to be a period of service, regardless of how it is calculated by the employer; (b) the Minister shall determine the length of the period of service on the basis of information received from the employer; and (c) the period of service determined by the Minister shall be deemed to be that portion of the period of such service that is earliest in time. SOR/91-332, s. 3; SOR/2016-203, s. 3
Public Service Superannuation Regulations — 5
educted from moneys payable to them by or on behalf of Her Majesty and the contributor is in default because those deductions have not been made, interest is not payable under subsection (3) or subsection (7) on an amount equal to the deductions that have not been so made. (9) For the purposes of this section, a demand by the Minister for payment of an amount is deemed to have been made on the day on which a letter, demanding payment, signed by or on behalf of the Minister, and addressed to the contributor or recipient, as the case may be, is placed in the mail. (10) Nothing in this section prohibits a person from paying at any time before it is due any amount payable by them, or that is deductible from their benefit, under this section. (11) Where a contributor has elected to pay in instalments in respect of any period of service for which they have elected to pay to the Superannuation Account and any of the monthly instalments payable under the payment plan, with the exception of the last instalment, is less than $1, the Minister may amend the payment plan in such manner so as to provide that each monthly instalment, except the last instalment, shall be $1. SOR/93-450, s. 11(F); SOR/2016-203, ss. 42(E), 43(E), 45(E), 46(E)
Public Service Superannuation Regulations — 5.1
5.1 For the purposes of paragraph 5(6)(b) of the Act, the annual rate of salary is equal to the amount determined by the following formula and rounded to the next highest multiple of $100: A - (B×C) 0.02 + C where A is (a) in respect of salary received by the person for 1994 or 1995, $1,722.22, and (b) in respect of salary received by the person for any year after 1995, the amount of the defined benefit limit determined for that year in accordance with the definition defined benefit limit in subsection 8500(1) of the Income Tax Regulations ; B is (a) in respect of salary received by the person for any year after 1993 and before 2008, 0.013, and (b) in respect of salary received by the person for any year after 2007, 0.01375, and C is the Year’s Maximum Pensionable Earnings determined for that year in accordance with section 18 of the Canada Pension Plan . SOR/94-767, s. 1; SOR/2008-1, s. 1
Public Service Superannuation Regulations — 6
6 (1) Where an amount has been paid in error under the Act to any person on account of any annuity or annual allowance, the Minister shall forthwith demand payment from that person of an amount equal to the amount paid in error. (2) A person from whom payment of an amount has been demanded by the Minister pursuant to subsection (1) shall, within 30 days from the day on which the demand is made (a) pay that amount to the Minister in one lump sum, or (b) arrange to pay the amount to the Minister in monthly instalments to be deducted from their annuity or annual allowance for the lesser of (i) the life of that person, or (ii) the period required to pay the amount in monthly instalments equal to 10 per cent of the gross monthly amount of any annuity or annual allowance payable to that person under the Act, as that person may elect, calculated as of the date of their election, in accordance with Canadian Life Table No. 2 (1941), Males or Females, as the case may be. (3) Where a person referred to in subsection (2) does not elect within 30 days from the day on which the demand for payment is made, they shall be deemed to have chosen the method of payment specified in paragraph (b) of that subsection. (4) Any person in respect of whom deductions are made under this section may, at any time (a) pay the amount then owing in one lump sum; or (b) arrange to pay the amount then owing (i) by larger monthly instalments on a basis similar to that described in paragraph (2)(b), or (ii) by a lump sum payment and monthly instalments on a basis similar to that described in paragraph (2)(b) and payable within the same or a lesser period than that originally used. (5) Where, pursuant to this section, deductions are to be made from the gross monthly amount of an annuity or annual allowance, the first deduction therefrom shall be made in the month following the month in which the 30-day period prescribed in subsection (2) expires, and succeeding deductions shall be made monthly thereafter in equal amounts during the life of the person to whom the annuity or annual allowance is payable or until the amount demanded by the Minister pursuant to subsection (1) has been paid, except with respect to the last instalment which may be less in amount than the preceding instalments. (6) If the person demonstrates that the monthly deductions referred to in paragraph (2)(b) would cause financial hardship to the person, lesser monthly deductions shall be made, commencing the month after the date of a notice from the Minister, but the deductions shall not be less than 5% of the gross monthly amount of the annuity or annual allowance, or $10, whichever is greater. (7) Subsection (6), as it read before the day on which section 107 comes into force, continues to apply to persons whose annuity or annual allowance was, before that day, subject to monthly deductions calculated in accordance with that subsection. (8) The provisions of subsections 5(9) and (10) apply to this section. SOR/2016-203, ss. 4, 42(E), 43(E)