Income Tax Regulations — 8308.3
8308.3 (1) In this section, specified retirement arrangement means, in respect of an individual and an employer, a plan or arrangement under which payments that are attributable to the individual’s employment with the employer are to be, or may be, made to or for the benefit of the individual after the termination of the individual’s employment with the employer, but does not include (a) a plan or arrangement referred to in any of paragraphs (a) to (k), (m) and (n) of the definition retirement compensation arrangement in subsection 248(1) of the Act; (b) [Repealed, SOR/99-9, s. 12] (c) a plan or arrangement that does not provide in any circumstances for payments to be made to or for the benefit of the individual after the later of the last day of the calendar year in which the individual attains 71 years of age and the day that is 5 years after the day of termination of the individual’s employment with the employer; (d) a plan or arrangement (in this paragraph referred to as the “arrangement”) that is, or would be, but for paragraph (l) of the definition retirement compensation arrangement in subsection 248(1) of the Act, a retirement compensation arrangement where (i) the funding of the arrangement is subject to the Pension Benefits Standards Act, 1985 or a similar law of a province, or (ii) the arrangement is funded substantially in accordance with the funding requirements that would apply if the arrangement were subject to the Pension Benefits Standards Act, 1985 ; (e) a plan or arrangement that is deemed by subsection 207.6(6) of the Act to be a retirement compensation arrangement; or (f) an arrangement established by the Judges Act or the Lieutenant Governors Superannuation Act . Pension Credit (2) Subject to subsections (3) and (3.1), the pension credit of an individual for a calendar year with respect to an employer under a specified retirement arrangement is (a) where paragraph (b) does not apply, nil; and (b) where (i) the year is 1993 or a subsequent year, (ii) the employer is, at any time in the year, (A) a person who is exempt, because of section 149 of the Act, from tax under Part I of the Act on all or part of the person’s taxable income, or (B) the Government of Canada or the government of a province, (iii) the individual became entitled in the year, either absolutely or contingently, to benefits under the arrangement in respect of employment with the employer, (iv) at the end of the year, the individual is entitled, either absolutely or contingently, to benefits under the arrangement, and (v) the amount determined by the formula 0.85A - B is greater than nil where A is the lesser of (A) the amount, if any, by which 18% of the individual’s resident compensation from the employer for the year exceeds the PA offset for the year, and (B) the amount by which the money purchase limit for the year exceeds the PA offset for the year, and B is the amount that would be the pension adjustment of the individual for the year with respect to the employer if subsection 8301(1) were read without reference to paragraph (c) of that subsection, the amount that would be determined by the formula in subparagraph (v) if the reference to “0.85” in that formula were replaced by a reference to “1”. Pension Credit — Alternative Determination (3) Where the Minister has, on the written application of an employer, approved in writing a method for determining pension credits for a year with respect to the employer under a specified retirement arrangement, the pension credits shall be determined in accordance with that method. Pension Credits — 1996 to 2002 (3.1) For the purpose of determining the pension credit of an individual for a calendar year after 1995 and before 2003 with respect to an employer under a specified retirement arrangement, the portion of paragraph (2)(b) after subparagraph (iv) shall be read as “(v) the amount determined by the formula 0.85A - B is greater than nil where A the lesser of (A) the amount, if any, by which 1