Public Service Superannuation Act — P-36 40
Definition of approved employer 40 (1) In this section, approved employer means an employer for the benefit of whose employees there is an established superannuation or pension fund or plan approved by the Minister for the purposes of this Part, and includes the administrator of any such superannuation or pension fund or plan established for those employees. Authority to enter into agreement (2) The Minister may, with the consent of the Governor in Council and on terms approved by the Treasury Board, enter into an agreement with any approved employer under which, in consideration of the agreement of that employer to pay into the Superannuation Account or the Public Service Pension Fund an amount determined in accordance with the agreement in respect of any employee of that employer who becomes or has become employed in the public service, the Minister will pay to that employer, for the purpose of any superannuation or pension fund or plan established for the benefit of employees of that employer, an amount determined in accordance with subsection (3) or (4) in respect of any contributor who has ceased or ceases to be employed in the public service to become employed by that employer. Authority to transfer contributions (3) If, before October 15, 2000, a contributor ceases to be employed in the public service to become employed by an approved employer with whom the Minister has entered into an agreement pursuant to subsection (2), the Minister may, subject to subsection (9) and if the agreement so provides, pay to that employer out of the Superannuation Account or the Public Service Pension Fund, (a) an amount equal to the total amount paid into the Superannuation Account and the Public Service Pension Fund in respect of that employee, except any portion of the amount so paid by Her Majesty in right of Canada; (b) the amount paid into the Superannuation Account and the Public Service Pension Fund in respect of that employee by Her Majesty in right of Canada that the Minister determines; and (c) the amount representing interest that the Minister determines. Idem (4) Where a contributor has ceased or ceases to be employed in the public service to become employed by any approved employer as a result of a transfer of the administration of any service from Her Majesty in right of Canada to the approved employer and the Minister has entered into an agreement with the approved employer pursuant to subsection (2), the Minister may, subject to subsection (9) and if the agreement so provides, pay to that employer out of the Superannuation Account (a) amounts equal in the aggregate to (i) the value, actuarially calculated in accordance with and as of the effective date of the agreement, of all benefits accrued under this Part in respect of the pensionable service of the contributor, and (ii) such amount representing interest as the Minister determines, or (b) the benefits payable under this Part and Part III to or in respect of the contributor, as they become payable, less any amounts previously paid in respect of the contributor under subsection (12). Consent of contributor (5) No payment shall be made pursuant to subsection (3) or (4) except with the consent in writing of the contributor. Non-applicability of subsection 10(10) (6) Subsection 10(10) does not apply in respect of a payment made pursuant to subsection (3) or (4). No benefit payable in respect of transferred contributions (7) Subject to any regulations made under paragraph 42.1(1)(u), where, pursuant to subsection (3) or paragraph (4)(a), the Minister makes a payment to an approved employer in respect of an employee, that employee ceases to be entitled to any benefit under this Part or Part III in respect of the period of pensionable service to which that payment relates. Payment of balance to contributor (8) When (a) the amount paid by the Minister to an approved employer pursuant to subsection (3) in respect of an employee, together with (b) the amount determined by the Mi