GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Public Service Superannuation Act — P-36 24.4
Additional amount to be contributed 24.4 (1) Subject to subsections (2) and 5(6), every person who is employed in operational service by the Correctional Service of Canada on or after March 18, 1994 and who is required by subsection 5(2) to contribute to the Public Service Pension Fund is, except in the circumstances described in subsection 5(3), required to contribute to the Public Service Pension Fund by reservation from salary or otherwise, in addition to any other amount required under this Act, any percentage of his or her salary that is determined by the Treasury Board on the recommendation of the Minister, which recommendation is to be based on actuarial advice. Exception (2) Subsection (1) does not apply to any person who is a member of a class of persons prescribed by the regulations. 1992, c. 46, s. 12; 1999, c. 34, s. 74; 2012, c. 31, s. 489
Public Service Superannuation Act — P-36 24.5
References to certain sections 24.5 A reference in subsection 10(6) to a benefit specified at the contributor’s option under section 13 or 13.001 shall be read as including a reference to an immediate annuity or annual allowance at the contributor’s option under section 24.2, and a reference in subsection 13(2) or (3) or 13.001(2) or (3) to the immediate annuity, deferred annuity or annual allowance to which the contributor was entitled under subsection 13(1) or 13.001(1) shall be read as including a reference to the contributor’s entitlement to an immediate annuity or annual allowance under section 24.2. 1992, c. 46, s. 12; 2012, c. 31, s. 490
Public Service Superannuation Act — P-36 24.6
When annuity or annual allowance to be adjusted 24.6 If a person who was employed in operational service by the Correctional Service of Canada and who is receiving an annual allowance payable under section 24.2 is subsequently re-employed in the public service, the amount of any annuity or annual allowance to which he or she may become entitled under this Part on again ceasing to be employed in the public service shall be adjusted in accordance with regulations made under paragraph 42(1)(x.1) to take into account the amount of any annual allowance that he or she has received. 2012, c. 31, s. 490
Public Service Superannuation Act — P-36 25
 irrevocable waiver under subsection (6). Permitted waivers (6) A survivor may make an irrevocable waiver in writing only if it results in (a) an increase in the allowance payable to a child under paragraph 12(4)(b) or 12.1(5)(b); or (b) a benefit being paid under section 27. Time for waiver (7) A waiver must be made no later than three months after the survivor is notified of his or her entitlement to an allowance under this Act and takes effect as of the date of the death of the contributor. When survivor not to receive benefits — criminal responsibility for death (8) A survivor is not entitled to receive any benefit under this Act with respect to the contributor when the contributor dies and the survivor is found criminally responsible for the death. When survivor not to receive annual allowance — missing survivor (9) A survivor is not entitled to receive an annual allowance when the contributor dies if it is established to the satisfaction of the Minister that the survivor cannot be found. Apportionment of allowance when two survivors (10) When an annual allowance is payable under paragraph 12(4)(a) or 12.1(5)(a) or subsection 13(2) or 13.001(2) and there are two survivors of the contributor, the total amount of the annual allowance shall be apportioned so that (a) the survivor referred to in paragraph (a) of the definition “survivor” in subsection 3(1) is entitled to receive the proportion of the annual allowance that the total of the number of years that he or she cohabited with the contributor while married to the contributor and the number of years that he or she cohabited with the contributor in a relationship of a conjugal nature bears to the total number of years that the contributor so cohabited with the survivors; and (b) the survivor referred to in paragraph (b) of that definition is entitled to receive the proportion of the annual allowance that the number of years that he or she cohabited with the contributor in a relationship of a conjugal nature bears to the total number of years that the contributor cohabited with the survivors, either while married or while in a relationship of a conjugal nature. Years (11) In determining a number of years for the purposes of subsection (10), part of a year shall be counted as a full year if the part is six or more months and shall be ignored if it is less. Death, etc. of one of the survivors (12) When one of the survivors referred to in subsection (10) dies or is not entitled to receive a benefit under this Act when the contributor dies, the portion of the annual allowance that would have been payable to the survivor who died or is not entitled shall be paid to the remaining survivor in addition to his or her own portion. R.S., 1985, c. P-36, s. 25; 1989, c. 6, s. 3; 1992, c. 46, s. 13; 1999, c. 34, s. 75; 2012, c. 31, s. 491
Public Service Superannuation Act — P-36 26
Marriage, etc. after retirement 26 (1) Subject to section 13.1 but notwithstanding any other provision of this Part, the survivor of a contributor is not entitled to an annual allowance in respect of the contributor under this Part if that contributor married the survivor or began to cohabit with the survivor in a relationship of a conjugal nature after having become entitled under this Part to an annuity or annual allowance, unless, after the marriage, or after the beginning of the period of cohabitation, the contributor became or continued to be a contributor under this Part. Child born, etc., after retirement (2) Notwithstanding anything in this Part, except as provided in the regulations, a child who is born to or adopted by a contributor or who becomes the stepchild of a contributor after that contributor ceases to be employed in the public service is not entitled to an allowance under this Part. Death within one year after marriage (3) Notwithstanding anything in this Part, when a contributor dies within one year after marriage, no annual allowance is payable to the survivor of the contributor or the children of that marriage unless it is established to the satisfaction of the Minister that the contributor was at the time of the marriage in such a condition of health as to justify the contributor in having an expectation of surviving for at least one year after the marriage. (4) [Repealed, 1989, c. 6, s. 4] Saving provision (5) Nothing in this section prejudices any right that a child of an earlier marriage of the contributor has to an allowance under any of sections 12 to 13.001. Transitional (6) Notwithstanding anything in this Act, no person is entitled to an allowance under this Part by virtue of being the survivor of a female contributor unless the contributor, on or after December 20, 1975 but before January 1, 2000, was (a) employed in the public service; and (b) required by subsection 5(1) to contribute to the Superannuation Account. Section 2 does not apply in respect of this subsection. Transitional (7) Notwithstanding anything in this Act, no person is entitled to an allowance under this Part by virtue of being the survivor of a female contributor unless the contributor, on or after January 1, 2000, was (a) employed in the public service; and (b) required by subsection 5(1.1) or (1.2), as it read on December 31, 2012, or by subsection 5(2) to contribute to the Superannuation Account or the Public Service Pension Fund. Section 2 does not apply in respect of this subsection. R.S., 1985, c. P-36, s. 26; 1989, c. 6, s. 4; 1992, c. 46, s. 14; 1999, c. 34, s. 76; 2003, c. 22, s. 225(E); 2012, c. 31, s. 492
Public Service Superannuation Act — P-36 27
Minimum benefits 27 (1) This subsection applies to (a) a contributor who was not required to contribute to the Superannuation Account under subsection 5(1) in the period that began on or after December 20, 1975 and that ended on December 31, 1999; (b) a contributor who was not required to contribute to the Superannuation Account or the Public Service Pension Fund under subsection 5(1.1) or (1.2), as it read on December 31, 2012, in the period that began on or after January 1, 2000 and that ended on December 31, 2012; and (c) a contributor who was not required to contribute to the Public Service Pension Fund under subsection 5(2). If, on the death of such a contributor, there is no person to whom an allowance provided in this Part may be paid, or if the persons to whom that allowance may be paid die or cease to be entitled to that allowance and no other amount may be paid to them under this Part, any amount by which the amount of a return of contributions exceeds the aggregate of all amounts paid to those persons and to the contributor under this Part and the Superannuation Act shall be paid, as a death benefit, to the contributor’s estate or succession or, if less than $1,000, as the Minister may direct. Minimum benefits (2) If, on the death of a contributor who was required to contribute to the Superannuation Account under subsection 5(1) in the period that began on or after December 20, 1975 and that ended on December 31, 1999, a contributor who was required to contribute to the Superannuation Account or the Public Service Pension Fund under subsection 5(1.1) or (1.2), as it read on December 31, 2012, in the period that began on or after January 1, 2000 and that ended on December 31, 2012, or a contributor who was required to contribute to the Public Service Pension Fund under subsection 5(2), there is no person to whom an allowance provided in this Part may be paid, or if the persons to whom that allowance may be paid die or cease to be entitled to that allowance and no other amount may be paid to them under this Part, an amount equal to the amount by which (a) the greater of (i) the amount of a return of contributions, and (ii) an amount equal to five times the annuity to which the contributor was or would have been at the time of his death entitled, determined in accordance with subsection 11(1), exceeds (b) the aggregate of all amounts paid to those persons and to the contributor under this Part and the Superannuation Act shall be paid, as a death benefit, (c) if the contributor named his estate as his beneficiary or named another beneficiary under Part II and the beneficiary survives the contributor, to the beneficiary, and (d) in any other case, to the estate of the contributor or, if less than one thousand dollars, as the Minister may direct. R.S., 1985, c. P-36, s. 27; 1999, c. 34, s. 78; 2012, c. 31, s. 493
Public Service Superannuation Act — P-36 28
Disability payments 28 Where a contributor who (a) is less than 60 years of age, in the case of a Group 1 contributor described in subsection 12(0.1), or is less than 65 years of age, in the case of a Group 2 contributor described in subsection 12.1(1), and (b) is in receipt of an annuity payable under this Part in respect of a disability previously incurred by him, is certified, in accordance with the regulations, to have regained his health or to be capable of performing the duties of his former position in the public service or any other position in the public service commensurate with his qualifications, he ceases to be entitled to that annuity and thereupon is entitled to a deferred annuity. R.S., 1985, c. P-36, s. 28; 2003, c. 22, s. 225(E); 2012, c. 31, s. 494
Public Service Superannuation Act — P-36 29
Persons re-employed 29 If a person who is entitled, under any of subsections 12(1), 12.1(2), 13(1) or 13.001(1) or any regulations made for the purposes of section 24.2, to an annuity or an annual allowance is re-employed in the public service and becomes a contributor under this Part, whatever right or claim that he or she may have to the annuity or annual allowance shall be terminated without delay, but the period of service on which the benefit was based, except any period specified in clause 6(1)(a)(iii)(C) or (E), may be counted by that person as pensionable service for the purposes of subsection 6(1), except that if that person, on ceasing to be so re-employed, exercises his or her option under this Part in favour of a return of contributions, or is not entitled under this Part to any benefit other than a return of contributions, the amount so returned shall not include any amount paid into the Superannuation Account or the Public Service Pension Fund to his or her credit at any time before the time when he or she became re-employed, but whatever right or claim that, but for this section, he or she would have had to the annuity or annual allowance on ceasing to be so re-employed shall then be restored to him or her. R.S., 1985, c. P-36, s. 29; 1992, c. 46, s. 15; 1999, c. 34, s. 79; 2003, c. 22, s. 225(E); 2012, c. 31, s. 495
Public Service Superannuation Act — P-36 30
Failure to apply for re-employment 30 Where, in any Act of Parliament, it is provided that a contributor who leaves the public service for employment outside of it continues to be a contributor under this Part during that employment and is eligible, in the event of being retired from that employment, to be re-employed in the public service, if the contributor, having been retired from that employment but not having reached sixty years of age and not being disabled, fails to apply for re-employment in the public service or refuses to accept a position in the public service that, in the opinion of the Minister, is commensurate with his or her qualifications, he or she is deemed to have ceased to be employed in the public service, not having reached sixty years of age, for a reason other than disability. R.S., 1985, c. P-36, s. 30; 1999, c. 34, s. 80; 2003, c. 22, s. 225(E)
Public Service Superannuation Act — P-36 31
Medical examination requirements 31 (1) Subject to subsection (3) but notwithstanding anything else in this Part, any election made by a person who becomes a contributor under this Part (a) not having been a contributor under Part I of the Superannuation Act immediately prior to January 1, 1954, and (b) not having been employed in the public service, or in the public service and as a member of the regular force or of the Force, substantially without interruption for a period of five years immediately prior to the making of the election, is void, in so far as it is an election to pay for any period of service prior to becoming a contributor, except any period immediately prior to becoming a contributor during which he was employed in the public service, unless the person by whom the election is made has been medically examined, as prescribed in the regulations. Failure to pass medical examination (2) Notwithstanding anything in this Part, when a contributor to whom subsection (1) applies has been medically examined, as prescribed in the regulations, and has failed to pass the examination, neither the contributor nor the contributor’s survivor or children shall, in respect of any service of the contributor to which the election referred to in subsection (1) relates, become entitled to any benefit under this Part other than a return of contributions unless the contributor continues to be employed in the public service for a further period of not less than five years from the time of the examination or is again medically examined, as prescribed in the regulations, and passes the examination. Prohibited elections (3) Notwithstanding anything in this Part, any election, in so far as it is an election (a) to pay for any period of service described in clause 6(1)(b)(iii)(K) or (L), (b) under paragraph 20(1)(b), in the case of an election made after one year after the person by whom the election is made becomes employed in operational service, or (c) under subsection 39(6), is void unless the person by whom the election is made has passed a medical examination, as prescribed in the regulations, within such time immediately before or after the making of the election as is prescribed in the regulations. R.S., 1985, c. P-36, s. 31; 1992, c. 46, s. 16; 1999, c. 34, s. 81; 2003, c. 22, s. 225(E)
Public Service Superannuation Act — P-36 32
Diversion of payments to satisfy financial support order 32 (1) When any court in Canada of competent jurisdiction has made an order requiring a recipient to pay financial support, amounts payable to the recipient under this Part or Part III are subject to being diverted to the person named in the order in accordance with Part II of the Garnishment, Attachment and Pension Diversion Act . Where recipient unable to manage own affairs (2) Where, for any reason, a recipient is unable to manage the recipient’s own affairs, or where the recipient is incapable of managing the recipient’s own affairs and there is no person entitled by law to act as the recipient’s committee, the Receiver General may pay to any person designated by the Minister to receive payment on behalf of the recipient any amount that is payable to the recipient under this Part or Part III. Payment deemed to be to recipient (3) For the purposes of this Part and Part III, any payment made by the Receiver General pursuant to subsection (1) or (2) is deemed to be a payment to the recipient in respect of whom the payment is made. (4) [Repealed, 2000, c. 12, s. 276] R.S., 1985, c. P-36, s. 32; 1992, c. 46, s. 17; 1999, c. 34, s. 82; 2000, c. 12, s. 276
Public Service Superannuation Act — P-36 33
Presumption of death 33 (1) Where a contributor or a recipient has, either before or after the coming into force of this subsection, disappeared under circumstances that, in the opinion of the Minister, raise beyond a reasonable doubt a presumption that the contributor or recipient is dead, the Minister may determine the date for the purposes of this Act on which that person’s death is presumed to have occurred, and thereupon that person is deemed for all purposes of this Act to have died on that date. Change of date (2) If, after the date of a person’s death is determined by the Minister under subsection (1), new information or evidence is received by the Minister that the date of death is different, the Minister may determine a different date of death, in which case the person is deemed for all purposes of this Act to have died on that different date. R.S., 1985, c. P-36, s. 33; 1992, c. 46, s. 17
Public Service Superannuation Act — P-36
Newfoundland Act means the Civil Service Acts, 1947-1949 of Newfoundland; ( loi de Terre-Neuve )
Public Service Superannuation Act — P-36
Newfoundland service means pensionable service as defined in the Newfoundland Act ; ( temps passé au service de Terre-Neuve )
Public Service Superannuation Act — P-36 (a)
transferred pensionable Newfoundland employee means a person who was (a) an established civil servant, as defined in the Newfoundland Act , (b) an employee of the Newfoundland Fisheries Board, or (c) a civil servant to whom section 41 of the Newfoundland Act applied, in a service of the Government of Newfoundland that has been taken over by Canada pursuant to the Terms of Union of Newfoundland with Canada and who became an employee of the Government of Canada pursuant to an offer of employment made in accordance with the Terms of Union. ( employé transféré de Terre-Neuve ayant droit à pension )
Public Service Superannuation Act — P-36 36
Diplomatic and consular representatives 36 A person who, being a diplomatic or consular representative of Her Majesty in right of Canada, was a contributor under this Part immediately prior to his appointment, is deemed for the purposes of this Part to be employed in the public service. R.S., 1985, c. P-36, s. 36; 2003, c. 22, s. 225(E)
Public Service Superannuation Act — P-36 37
Definitions 37 (1) In this section, employee includes an officer or member of a corporation; ( employé ) other corporation means any corporation that is an agent of Her Majesty in right of Canada, other than a corporation specified in Part I of Schedule I; ( autre organisme ) Public Service corporation means any board, commission or corporation specified in Part I of Schedule I. ( organisme de la fonction publique ) Contributions in respect of employees of corporation (2) If a person is or has been an employee of a Public Service corporation and a contributor under this Part, or an employee of any other corporation and a contributor under this Part by reason of a provision in any Act of Parliament that he or she continues to be a contributor during his or her employment with that corporation, the Public Service corporation or other corporation shall, as required by the Minister, pay into the Superannuation Account or the Public Service Pension Fund, at the time and in the manner determined by the Minister in respect of the contributions of that person to the Superannuation Account or the Public Service Pension Fund in the course of his or her employment with the corporation, and in respect of his or her non-elective or elective service within the meaning of subsection 6(1), the amount that is determined by the Minister in accordance with the regulations. Contributions — current service (3) If, on the day on which this subsection comes into force, a corporation has not made a contribution under this section with respect to an employee referred to in subsection (2) in respect of his or her current service or with respect to an election made by the person before that day, the contribution, in the amount that the Minister determines, shall be made to the Superannuation Account at the time and in the manner determined by the Minister. Interest (4) If an amount referred to in subsection (2) or (3) is not paid within the time determined by the Minister, the Minister may require that the corporation pay into the Superannuation Account or the Public Service Pension Fund interest on that amount at the time and in the manner that the Minister may determine. Information to be provided (5) The corporation shall provide the information relating to the employment, pensionable service, salary and contributions to the Superannuation Account or the Public Service Pension Fund, including reports and assessments respecting the accurate application of this Act, and any other relevant information, that the Minister may require with respect to employees or former employees referred to in subsection (2), at the times and in the manner that the Minister may direct. R.S., 1985, c. P-36, s. 37; 1999, c. 34, s. 84
Public Service Superannuation Act — P-36
employee includes an officer or member of a corporation; ( employé )
Public Service Superannuation Act — P-36
other corporation means any corporation that is an agent of Her Majesty in right of Canada, other than a corporation specified in Part I of Schedule I; ( autre organisme )
Public Service Superannuation Act — P-36
Public Service corporation means any board, commission or corporation specified in Part I of Schedule I. ( organisme de la fonction publique )