GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Public Service Superannuation Regulations — 37
37 Where a child is born to a contributor after that contributor ceased to be employed in the public service, the child is not entitled to an allowance under the Act unless, (a) where the contributor ceased to be employed because of death, the child is a posthumous child; and (b) where the contributor ceased to be employed for any reason other than death, it appears to the Minister that the child was born following a gestation period commencing prior to the date when the contributor ceased to be employed. SOR/93-450, s. 11(F); SOR/2016-203, s. 46(E)
Public Service Superannuation Regulations — 38
38 (1) For the purposes of paragraphs 12(9)(b) and 12.1(9)(b) of the Act, full-time attendance at a school or university in respect of a child, means full-time attendance at a school, college, university or other educational institution that provides training or instruction of an educational, professional, vocational or technical nature. (2) A child is deemed to be or to have been in full-time attendance at a school or university substantially without interruption during an absence by reason of a scholastic vacation (a) if, after the vacation, they begin or resume full-time attendance at a school or university at the beginning of the next academic year; or (b) if, because of any reasonable cause, they cannot begin or resume full-time attendance at a school or university at the beginning of that academic year but they do so begin or resume full-time attendance at a school or university during that academic year or in the next academic year. (3) A child is deemed to be or to have been in full-time attendance at a school or university substantially without interruption (a) during an absence occurring in an academic year because of any reasonable cause, if immediately after the absence they begin or resume full-time attendance at a school or university during that academic year; (b) until the end of the academic year during which they are absent because of any reasonable cause if they begin or resume full-time attendance at a school or university in the next academic year; (c) until they are 25 years of age (i) if, after an absence because of any reasonable cause occurring in an academic year, they begin or resume, immediately after the absence, full-time attendance at a school or university during that academic year or, if they cannot do so, they begin or resume full-time attendance at a school or university in the next academic year, or (ii) if, after a scholastic vacation, they begin or resume full-time attendance at a school or university at the beginning of the next academic year; and (d) until their death, if they die during the academic year in which their absence commenced because of any reasonable cause, or until the end of the academic year in which their absence commenced, if their death occurred after that academic year. SOR/2016-203, s. 26
Public Service Superannuation Regulations — 39
39 A child who is in full-time attendance at a school or university shall submit to the Minister (a) a declaration by a responsible officer of the relevant institution that the child is or was enrolled in a full-time course of study; and (b) a declaration by the child that the child is or was pursuing a full-time course of study. SOR/2016-203, s. 26
Public Service Superannuation Regulations — 42
42 (1) Where a contributor to whom subsection 23(2) of the Act applies ceased or ceases to be employed in the public service not having reached 60 years of age, for any reason other than disability or abolition of post, the amount of any benefit payable to the contributor under the Act, other than a return of contributions, shall be adjusted until such time as the contributor reaches 60 years of age in such manner that only that proportion of the benefit to which they would be entitled if they were not a transferred pensionable Newfoundland employee that their Canadian service is of their total pensionable service shall be payable to them. (1.1) Subsection (1) does not apply where a contributor to whom subsection 23(2) of the Act applies ceases or ceased to be employed in the public service subsequent to August 30, 1977 having reached 55 years of age and having 30 years of pensionable service to their credit. (2) In this section, abolition of post has the same meaning as in the Newfoundland Act ; ( suppression de poste ) Canadian service means any period of service, other than Newfoundland service, that may be counted as pensionable service for the purposes of the Act. ( service canadienne ) (3) Where a person referred to in subsection (1) elected or elects under subsection 3(1) of The Civil Service (Transferred Employees) Act, 1956 of Newfoundland or subsection 3(1) of The Civil Service Transferred Employees Act, 1978 of Newfoundland to receive the pension specified in paragraph (b) of that subsection, there shall be paid to them, in respect of their service with the Government of Newfoundland and, in addition to any other payment to which they are entitled under the Act, a fraction of the pension related to their Newfoundland service that would have been payable to them had they retired upon reaching 60 years of age, such fraction to be determined as follows: (a) the numerator is the period of pensionable service to their credit; and (b) the denominator is the aggregate of (i) the period of pensionable service to their credit, and (ii) the number of years by which their age at the time they cease to be employed in the public service is less than 60. SOR/79-499, s. 1; SOR/93-450, s. 11(F); SOR/2016-203, ss. 42(E), 43(E), 45(E), 46(E)
Public Service Superannuation Regulations — Public Service Superannuation Regulations
abolition of post has the same meaning as in the Newfoundland Act ; ( suppression de poste )
Public Service Superannuation Regulations — Public Service Superannuation Regulations
Canadian service means any period of service, other than Newfoundland service, that may be counted as pensionable service for the purposes of the Act. ( service canadienne )
Public Service Superannuation Regulations — 42.1
42.1 (1) Despite sections 12 to 13.001 of the Act, a contributor shall be entitled to benefits under Part I of the Act by reason of being disabled only if they are suffering from a physical or mental impairment that (a) prevents the contributor from engaging in any employment for which the contributor is reasonably suited by virtue of the contributor’s education, training or experience; and (b) can reasonably be expected to last for the remainder of the contributor’s lifetime. (2) Subsection (1) does not apply to a person who was disabled on December 31, 1995, for as long as the person continues to be disabled. SOR/96-18, s. 5; SOR/2016-203, s. 27
Public Service Superannuation Regulations — 43
43 (1) A medical examination referred to in any of sections 43.1 to 43.3 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 43.1 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) A medical examination referred to in section 43.2 or 43.3 shall provide the information required by, and be reported in accordance with, (a) Department of National Health and Welfare Form NHW 365 or NHW-SNBS 366; and (b) the form set out in Schedule VII. (4) The forms referred to in subsections (2) and (3) shall, on completion, be submitted to the Medical Services Branch of the Department of National Health and Welfare. SOR/94-623, s. 1
Public Service Superannuation Regulations — 43.1
43.1 (1) The medical examination required by subsection 31(1) or (3) of the Act shall be performed within the period of six months before and one year after the day on which the election is made. (2) If, for reasons beyond the control of the person, they are unable to undergo the medical examination before the end of that period, they shall undergo it within six months after the date of the written notice informing them that an examination is required. (3) A person shall be determined to have passed a medical examination referred to in section 31 of the Act 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 forms submitted pursuant to section 43, 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 43 is insufficient to enable a report in respect of a person to be prepared under subsection (3), the Assistant Deputy Minister may require that the person undergo a further medical examination to provide the necessary information. (5) A person who does not undergo a further medical examination required under subsection (4) shall be determined (a) not to have been medically examined in accordance with subsection 31(1) of the Act; and (b) for the purposes of subsection 31(3) of the Act, not to have passed the medical examination. SOR/94-623, s. 1; SOR/2016-203, s. 28
Public Service Superannuation Regulations — 43.2
43.2 (1) For the purposes of Part I of the Act, every contributor who by reason of a disability claims to be entitled to payment of a cash termination allowance or an immediate annuity under the Act shall undergo a medical examination to confirm that (a) in respect of a contributor referred to in subsection 42.1(2), the contributor is disabled; and (b) in respect of any other contributor, the contributor meets the requirements of subsection 42.1(1). (2) For the purposes of Part I of the Act, a contributor shall be determined to be entitled to benefits under Part I of the Act by reason of being disabled 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 forms submitted pursuant to section 43, stating that (a) in respect of a contributor referred to in subsection 42.1(2), the contributor is disabled; and (b) in respect of any other contributor, the contributor meets the requirements of subsection 42.1(1). (3) Where the Assistant Deputy Minister of the Medical Services Branch determines that a report under subsection (2) cannot be made in respect of a contributor without further information, the contributor shall undergo a further medical examination to provide the necessary information. (4) A contributor who refuses to undergo the medical examination required under subsection (3) is no longer considered to be disabled for the purposes of Part I of the Act. SOR/94-623, s. 1; SOR/96-18, s. 6; SOR/2016-203, s. 29
Public Service Superannuation Regulations — 45
45 Beginning with the fiscal year ending March 31, 2002, the annual report referred to in section 46 of the Act shall include the financial statements of the pension plan provided by the Act, prepared in accordance with the federal government’s stated accounting policies for the pension plan, which are based on generally accepted accounting principles. SOR/2002-393, s. 1
Public Service Superannuation Regulations — 46
46 (1) For the purposes of paragraph 44(1)(c) of the Act, interest shall be calculated in respect of each quarter in each fiscal year as of the last day of June, September, December and March on the balance to the credit of the Superannuation Account on the last day of the preceding quarter. (2) The rate to be used for the purpose of calculating interest under subsection (1) in respect of any quarter is that rate which would yield an amount of interest equal to the amount of interest that the aggregate of the balances to the credit of the Superannuation Accounts maintained under the Public Service Superannuation Act , the Canadian Forces Superannuation Act and the Royal Canadian Mounted Police Superannuation Act would have yielded during that quarter if the quarterly excess were invested at, (a) where the rate is to be used in respect of any quarterly excess after December 31, 1965, the average of the rates of interest that may be or have been determined by the Minister of Finance for the months in that quarter pursuant to subsection 111(2) of the Canada Pension Plan ; and (b) where the rate is to be used in respect of any quarterly excess before the quarter ending on March 31, 1966, the average of the rates of interest determined by the Minister of Finance for the months in that quarter as if subsection 111(2) of the Canada Pension Plan had been in force. (3) The Minister shall cause notice of the rate to be used for the purposes of calculating interest under subsection (1) to be published in the Canada Gazette at least once in each fiscal year. (4) In this section quarterly excess means (a) the total of the amounts credited to the Superannuation Accounts maintained under the Public Service Superannuation Act , the Canadian Forces Superannuation Act and the Royal Canadian Mounted Police Superannuation Act during any quarter of a fiscal year minus (b) the payments charged to those Accounts during that quarter plus (c) the total of any amounts credited to those Accounts less the payments charged to those Accounts during any quarter of a fiscal year that is a multiple of 20 years prior to the quarter referred to in paragraph (a). SOR/93-450, ss. 9, 11(F), 12
Public Service Superannuation Regulations — 47
47 The Minister, in any case in which he or she considers it necessary or advisable in connection with the administration of the Act or these Regulations, may require any person to submit to him or her a statutory declaration setting out the facts which the Minister considers relevant in that case. SOR/2016-203, ss. 32(E), 44(E)
Public Service Superannuation Regulations — 48
at (i) if the contributor is entitled only to a return of contributions, it shall be payable to them, (ii) if, according to records in the possession of the employing agency, the contributor is purported to be less than 55 years of age and has selected as a benefit a lump sum payment, it shall be payable to them, and (iii) if the contributor is entitled to a benefit other than a lump sum, it shall, at the time it would normally become payable, be paid in monthly amounts as determined by the Minister until either the amount they have paid into the Superannuation Account is exhausted or they file the evidence demanded by the Minister, at which time the normal entitlement of the contributor shall be established. (5) Notice to a contributor from the Minister that (a) is in writing, and (b) clearly establishes the requirements of the Minister shall constitute a demand within the meaning of subsections (3) and (4). (6) Where the Minister is satisfied that a contributor is unable to obtain evidence to prove their age as prescribed in subsection (1) or paragraphs (2)(a) and (b) the Minister may (a) prescribe such other evidence, as he or she deems sufficient, which the contributor shall file to prove their age; and (b) extend the time, as prescribed in subsection (3) or (4), within which such evidence shall be filed. SOR/93-450, s. 11(F); SOR/2016-203, ss. 42 to 46(E)
Public Service Superannuation Regulations — 49
49 (1) For the purposes of the Act, prima facie evidence that a person is the widow of a male contributor shall consist of evidence of marriage of the person to the contributor in the form of a certificate of marriage issued by an appropriate authority either religious or civil indicating that the person was married to the contributor or, if such evidence cannot be obtained, such other evidence of marriage as may be prescribed by the Minister. (2) Where, in the opinion of the Minister, it is necessary to establish the age of the widow of a contributor, (a) subsections 48(1), (2), (5) and (6) shall apply mutatis mutandis ; and (b) if the evidence so required is not submitted within one year of the demand therefor the widow shall, for the purposes of this Act, be deemed to be that number of years younger than the contributor as may be determined by the Treasury Board. (3) In any case of doubt, the Minister may require the person claiming to be the widow of a contributor to furnish any document such as a statutory declaration, marriage certificate, or a copy of a decree absolute, if applicable, in order to substantiate the claim of that person to be the widow of the contributor. (4) Subject to subsection 13(4) of the Act, if within one year after the death of a contributor the person claiming to be the widow of a contributor cannot prove that she is his widow, in the manner prescribed by subsection (1), the contributor shall, for purposes of the Act, be deemed to have died without leaving a widow.
Public Service Superannuation Regulations — 50
50 (1) For the purposes of the definition operational service in section 12.11 of the Act, the following kinds of service are designated as operational service, namely, (a) employment in the public service during which a person who is a contributor on or after April 1, 1976 is (i) engaged in supervisory or non-supervisory duties requiring the possession of a current and medically valid Air Traffic Controller Licence or a letter of authority issued by the Department of Transport, (ii) [Repealed, SOR/85-285, s. 1] (iii) employed as a data systems co-ordinator in the Department of Transport for any period prior to July 1, 1980, or (iv) undergoing training for any of the duties referred to in subparagraph (i), (ii) or (iii), excluding any period of training to become an air traffic controller at a central air traffic control training school, except where such training occurred prior to the introduction of training schools; (b) any period during which a contributor engaged in any duties or training referred to in paragraph (a) is absent from such duties or training (i) for the purpose of undergoing language training, or (ii) on authorized leave with or without pay for a period of less than six months, if the contributor returns to any duties or training referred to in paragraph (a) immediately following such absence; (c) any period of less than six months during which a contributor is employed in the public service in employment other than that described in paragraph (a) if such employment was immediately preceded and followed by employment as described in that paragraph; and (d) any period of employment in the public service prior to April 1, 1985 during which a person who is a contributor on or after April 1, 1976 was engaged as the immediate supervisor of a non-supervisory employee as described in subparagraph (a)(i) and whose appointment as supervisor was effective on or before September 30, 1981. (2) Notwithstanding paragraphs (1)(b) and (c), service described in those paragraphs by a contributor who fails to return to operational service by reason of section 52 is operational service. (2.2) Where a competent authority orders that a person described in paragraph (1)(a) who has been relieved of any of the duties referred to in subparagraphs (1)(a)(i), (iii) or (iv) be reinstated in those duties, the period from the day of being relieved from those duties to the day on which it is ordered that they be reinstated, or any shorter period so specified in the order, is operational service. (3) Subject to sections 27 and 28, the effective date of becoming or ceasing to be employed in operational service is the effective date specified in the written advice to the Minister from the deputy head of the Department of Transport. SOR/81-866, s. 2; SOR/85-285, s. 1; SOR/93-450, s. 11(F); SOR/94-483, s. 8(F); SOR/2016-203, ss. 43(E), 46(E)
Public Service Superannuation Regulations — 51
51 (1) Subject to subsection 5.3(2) of the Act, a contributor employed in operational service who is absent on leave without pay shall contribute to the Superannuation Account, in addition to any amount the contributor is required to contribute under section 7, (a) in the case of leave under the circumstances described in paragraph 7(1)(a) or subsection 7(2) or (3), an amount equal to the amount of contributions they would have been required to pay under section 19 of the Act had they not been so absent; and (b) in any other case, an amount equal to twice the amount of contributions they would have been required to pay under section 19 of the Act had they not been so absent. (2) The contributions required to be paid under subsection (1) shall be paid at the same time and in the same manner as the contributions required to be paid under section 7 and section 7 applies as though the contributions required to be paid under subsection (1) were paid under section 7. (3) Notwithstanding subsection (2), the contributions required to be paid under subsection (1) by a contributor employed in operational service to whom subsection 7.2(2) or section 7.3 applies shall be paid at the same time and in the same manner as the contributions required to be paid under subsection 7.2(2) or section 7.3, whichever is applicable. (4) Where any amount payable by a contributor under this section is unpaid at the time they cease to be employed in the public service, that amount shall be paid at the same time and in the same manner as described in subsection 7.2(4). SOR/81-866, s. 2; SOR/93-450, ss. 10, 11(F), 12; SOR/2016-203, ss. 43(E), 46(E)
Public Service Superannuation Regulations — 52
52 For the purposes of section 12.13 of the Act, a contributor is considered to have ceased otherwise than voluntarily to be employed in operational service on certification by the deputy head of the Department of Transport that (a) the employee is unable to meet the medical requirements for validation of their Air Traffic Controller Licence or letter of authority issued by the Department of Transport; (b) the employee is unable to maintain the required level of technical proficiency; or (c) removal of the employee from operational service is necessary for the preservation of their physical or mental health. SOR/81-866, s. 2; SOR/2016-203, s. 42(E)
Public Service Superannuation Regulations — 53
53 The following are designated as operational service for the purposes of the definition operational service in section 24.1 of the Act and of sections 54, 57 and 58: (a) any service by a person who is employed by the Correctional Service of Canada and whose principal place of work is other than (i) the national headquarters or a regional headquarters of the Correctional Service of Canada, (ii) the offices of the Commissioner of the Correctional Service of Canada, or (iii) a Regional Staff College of the Correctional Service of Canada or any other institution that provides training to Correctional Service of Canada employees similar to that provided by a Regional Staff College; (b) any period of temporary absence of less than six months during which the person is employed in the public service other than in the Correctional Service of Canada, at the end of which the person returns to the service referred to in paragraph (a); and (c) any period of temporary absence of two years or less during which the person is not employed in the service referred to in paragraph (a) but remains employed by the Correctional Service of Canada. SOR/94-259, s. 1; SOR/2007-106, s. 1