GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Retirement Compensation Arrangements Regulations, No. 1 — (a)
Minister means (a) for the purposes of Parts I and II, the Minister of Public Works and Government Services, (b) for the purposes of Part III, the Minister of National Defence, and (c) for the purposes of Part IV, the Solicitor General of Canada; ( ministre )
Retirement Compensation Arrangements Regulations, No. 1 — Retirement Compensation Arrangements Regulations, No. 1
misconduct [Repealed, SOR/2016-156, s. 3]
Retirement Compensation Arrangements Regulations, No. 1 — (a)
participant means (a) for the purposes of Part I, a person referred to in paragraph 4(d) or (e), (b) for the purposes of Part II, a person referred to in paragraph 4(a), (c) for the purposes of Part III, a person referred to in paragraph 4(b), and (d) for the purposes of Part IV, a person referred to in paragraph 4(c); ( participant )
Retirement Compensation Arrangements Regulations, No. 1 — Retirement Compensation Arrangements Regulations, No. 1
public service has the same meaning as in section 3 of the Public Service Superannuation Act ; ( fonction publique )
Retirement Compensation Arrangements Regulations, No. 1 — Retirement Compensation Arrangements Regulations, No. 1
Public Service Pension Fund has the same meaning as in subsection 3(1) of the Public Service Superannuation Act ; ( Caisse de retraite de la fonction publique )
Retirement Compensation Arrangements Regulations, No. 1 — Retirement Compensation Arrangements Regulations, No. 1
retirement compensation arrangement means the retirement compensation arrangement established under section 4; ( régime )
Retirement Compensation Arrangements Regulations, No. 1 — Retirement Compensation Arrangements Regulations, No. 1
Royal Canadian Mounted Police Pension Fund has the same meaning as in subsection 3(1) of the Royal Canadian Mounted Police Superannuation Act ; ( Caisse de retraite de la Gendarmerie royale du Canada )
Retirement Compensation Arrangements Regulations, No. 1 — Retirement Compensation Arrangements Regulations, No. 1
Royal Canadian Mounted Police Superannuation Account means the account referred to in section 4 of the Royal Canadian Mounted Police Superannuation Act ; ( compte de pension de retraite de la Gendarmerie royale du Canada )
Retirement Compensation Arrangements Regulations, No. 1 — Retirement Compensation Arrangements Regulations, No. 1
Superannuation Account means the account referred to in section 4 of the Public Service Superannuation Act . ( compte de pension de retraite )
Retirement Compensation Arrangements Regulations, No. 1 — Retirement Compensation Arrangements Regulations, No. 1
supplementary death benefit [Repealed, SOR/2000-242, s. 1]
Retirement Compensation Arrangements Regulations, No. 1 — 2.1
2.1 In these Regulations, agreement means an agreement as amended from time to time. SOR/2003-230, s. 2
Retirement Compensation Arrangements Regulations, No. 1 — 3
3 For the purposes of section 15 of the Act, the retirement compensation arrangement is a designated arrangement.
Retirement Compensation Arrangements Regulations, No. 1 — 4
4 There is hereby established a retirement compensation arrangement for the payment of benefits to or in respect of any person who (a) on or after December 15, 1994 is required to contribute to the Superannuation Account or Public Service Pension Fund; (b) on or after December 15, 1994 is required to contribute to the Canadian Forces Superannuation Account or the Canadian Forces Pension Fund; (c) on or after December 15, 1994 is required to contribute to the Royal Canadian Mounted Police Superannuation Account or the Royal Canadian Mounted Police Pension Fund; (d) is or has been a deputy head, has to their credit under the Public Service Superannuation Act not less than 10 years of pensionable service and elects, in accordance with section 7, before they cease to be employed in the public service, to become subject to the retirement compensation arrangement; or (e) immediately before December 15, 1994 was deemed by section 14 of the Public Service Superannuation Act , as that section read at that time, to be employed in the public service. SOR/97-520, s. 1; SOR/2002-73, ss. 2, 33; SOR/2016-156, ss. 4, 11(E)
Retirement Compensation Arrangements Regulations, No. 1 — 5
5 This Part applies to persons described in paragraphs 4(d) and (e).
Retirement Compensation Arrangements Regulations, No. 1 — 6
6 Words and expressions used in this Part and not otherwise defined in the Act or in these Regulations have the same meaning as in the Public Service Superannuation Act .
Retirement Compensation Arrangements Regulations, No. 1 — 7
7 An election by a person referred to in paragraph 11(1)(d) of the Act to become subject to the retirement compensation arrangement shall (a) be made in writing; (b) be signed and dated by the person; (c) state the person’s intention to participate in the retirement compensation arrangement under this Part; (d) state the period in respect of which the person intends to contribute to the retirement compensation arrangement; and (e) be delivered or mailed to the Minister within 60 days after the date referred to in paragraph (b).
Retirement Compensation Arrangements Regulations, No. 1 — 8
8 (1) Subject to subsection (2), a participant who is referred to in paragraph 4(d) shall contribute to the Retirement Compensation Arrangements Account at a rate equal to twice the applicable rate referred to in subsection 5(2) of the Public Service Superannuation Act , read without reference to subsection 5(6) of that Act. (2) If the aggregate of the period of pensionable service of a participant — consisting of the period of pensionable service under the Public Service Superannuation Act and other pensionable service as defined in subsection 5(5) of that Act as well as the period specified in paragraph 7(d) by the participant in an election made under paragraph 11(1)(d) of the Act — exceeds 35 years, the participant shall contribute to the Retirement Compensation Arrangements Account, in respect of the portion of the aggregate period that exceeds 35 years, at a rate equal to twice the applicable rate referred to in subsection 5(3) of the Public Service Superannuation Act , read without reference to subsection 5(6) of that Act. (3) Contributions under subsections (1) and (2) shall be based on the salary that the participant was receiving on the day that the participant was last employed as a deputy head, adjusted from time to time in accordance with any revisions to the participant’s salary range. SOR/2002-73, s. 4; SOR/2016-156, s. 5
Retirement Compensation Arrangements Regulations, No. 1 — 9
9 (1) Subject to subsection (2), every participant referred to in paragraph 4(e) shall contribute to the Retirement Compensation Arrangements Account at the rate, and in respect of the salary, established in respect of the participant under section 14 of the Public Service Superannuation Act as that section read immediately before December 15, 1994. (2) If the aggregate of the period of pensionable service of a participant — consisting of pensionable service under the Public Service Superannuation Act , other pensionable service as determined under subsection 5(5) of that Act and the period specified by the participant in an election under section 14 of that Act as that section read immediately before December 15, 1994 — exceeds 35 years, the participant shall contribute to the Retirement Compensation Arrangements Account, in respect of the portion of the aggregate period that exceeds 35 years, at a rate equal to the rate established in respect of the participant under that section as it read immediately before that date. SOR/2002-73, s. 5
Retirement Compensation Arrangements Regulations, No. 1 — 10
10 Every participant shall pay contributions to the Retirement Compensation Arrangements Account pursuant to section 8 or 9 monthly, quarterly, semi-annually or annually, by sending the amount payable in respect of that period to the Minister before the end of the period.
Retirement Compensation Arrangements Regulations, No. 1 — 11
11 A participant may, at any time, by notice in writing to the Minister, (a) revoke an election made under paragraph 11(1)(d) of the Act or under section 14 of the Public Service Superannuation Act as it read immediately before December 15, 1994, in respect of the portion of the remainder of the period specified in the election in respect of which contributions have not been made by the participant; or (b) suspend an election referred to in paragraph (a) in respect of any portion of the remainder of the period specified in the election in respect of which contributions have not been made by the participant.
Retirement Compensation Arrangements Regulations, No. 1 — 12
12 (1) Where an amount payable by a participant pursuant to section 8 or 9 is unpaid at the expiration of the period in respect of which an election applies and the participant has not revoked the election in respect of the period for which the amount payable is owing, the Minister shall notify the participant in writing of the amount payable and demand that the amount be paid within 60 days after the date of the notice. (2) If, at the expiration of the 60-day period, the amount payable has not been paid and the participant has not revoked the election, that amount shall be deducted, (a) where the benefit is payable monthly, (i) by reservation from the monthly benefit in approximately equal instalments equal to the lesser of (A) the unpaid amount divided by the number of months in respect of which the contributions are unpaid, and (B) 30 per cent of the gross monthly benefit, or (ii) if the recipient so elects, in a lump sum at the time the benefit becomes payable; and (b) in any other case, in a lump sum at the time the benefit becomes payable. SOR/2012-114, s. 1
Retirement Compensation Arrangements Regulations, No. 1 — 13
13 (1) A person referred to in paragraph 11(1)(d) of the Act becomes subject to the retirement compensation arrangement on the day on which the person ceases to be employed in the public service within the meaning of section 27 of the Public Service Superannuation Regulations . (2) A person referred to in paragraph 11(1)(e) of the Act becomes subject to the retirement compensation arrangement on December 15, 1994. (3) A participant shall contribute to the Retirement Compensation Arrangements Account until the day preceding the earliest of (a) the day on which the participant attains the age of 60, if the participant is a group 1 contributor described in subsection 12(0.1) of the Public Service Superannuation Act , or the age of 65, if the participant is a group 2 contributor described in subsection 12.1(1) of that Act, (b) the day of revocation of the participant’s election to become subject to the retirement compensation arrangement, (c) the day the participant becomes re-employed in the public service and required to contribute to the Superannuation Account or Public Service Pension Fund under the Public Service Superannuation Act , (d) the day the participant begins to receive an annuity or annual allowance under the Public Service Superannuation Act in respect of the participant’s periods of service under that Act, (e) the expiration of the period specified in the participant’s election under paragraph 11(1)(d) of the Act or under section 14 of the Public Service Superannuation Act as that section read immediately before December 15, 1994, (f) the day the participant elects to transfer his or her accrued pension benefits under the Public Service Superannuation Act to an eligible employer, and (g) the day on which the participant dies. SOR/97-252, s. 1; SOR/97-520, s. 2; SOR/2002-73, ss. 6, 33; SOR/2003-12, s. 1; SOR/2003-230, s. 3; SOR/2016-156, ss. 6, 11(E)
Retirement Compensation Arrangements Regulations, No. 1 — 14
14 (1) Benefits shall be paid under this Part to a participant only in respect of periods of service for which contributions have been made or are payable by that participant. (2) If a participant is entitled under the Canadian Forces Superannuation Act , the Royal Canadian Mounted Police Superannuation Act or the Members of Parliament Retiring Allowances Act to a benefit, other than a return of contributions, in respect of a period of service, (a) no benefit shall be payable under this Part in respect of that period; and (b) the participant is entitled to the return of his or her contributions under this Part in respect of that period, together with interest calculated at the rate and in the manner set out in subsection 10(9) of the Public Service Superannuation Act . SOR/2002-73, ss. 7, 32; SOR/2003-12, s. 2
Retirement Compensation Arrangements Regulations, No. 1 — 14.1
14.1 (1) A person who opts for a transfer value under section 13.01 of the Public Service Superannuation Act is deemed to have never been subject to the retirement compensation arrangement under this Part. (2) The person shall be entitled to the return of his or her contributions under this Part together with interest, if any, calculated at the rate and in the manner set out in subsection 10(9) of the Public Service Superannuation Act . SOR/2003-12, s. 3
Retirement Compensation Arrangements Regulations, No. 1 — 15
15 (1) Subject to section 15.1, a participant who ceases to be required to contribute to the Retirement Compensation Arrangements Account under this Part may opt to receive a benefit of the type that the participant would otherwise be entitled to receive under section 13 or 13.001 of the Public Service Superannuation Act , based on the participant’s age on ceasing to be required to contribute under this Part and on the aggregate of the pensionable service to the credit of the participant under that Act and the period of service in respect of which the participant was required to contribute under this Part. (2) Payment of a benefit under subsection (1) is subject to the same conditions as are set out in section 10 of the Public Service Superannuation Act in respect of annuity or annual allowance payable under that Act. (3) Subject to subsection 17(1), the amount of any benefit to which a participant is entitled is an amount equal to (a) the amount that would be payable to the participant under Part I of the Public Service Superannuation Act , as if (i) the period of pensionable service to the credit of the participant is the total of the period in respect of which the participant was required to contribute under this Part and the period of pensionable service to the credit of the participant under that Act, not exceeding thirty five years, (ii) for the purpose of determining the average annual salary in subsection 11(1) of that Act, the salary of the participant while the participant was required to contribute under this Part is that referred to in subsection 8(3) or 9(1), and (iii) the computation referred to in paragraph 11(1)(b) of that Act is made without reference to the annual rate of salary fixed or determined by the regulations referred to in subparagraph 11(1)(b)(iii) of that Act, less (b) the aggregate of the following amounts, namely, (i) any annuity or annual allowance payable to the participant under the Public Service Superannuation Act in respect of the period of pensionable service to the credit of the participant, (ii) any benefit payable under Part II to the participant in respect of the period of pensionable service to the credit of the participant under that Act, and (iii) any supplementary benefits payable with respect to amounts referred to in subparagraphs (i) and (ii) accrued between the date the participant ceased to be employed in the public service and the date the participant ceased to be required to contribute under this Part. (4) Where a participant is entitled to an annuity or annual allowance under the Public Service Superannuation Act and opts to receive a benefit in the form of an annuity or annual allowance under this Part, the benefit becomes payable on the same day as the participant’s annuity or annual allowance becomes payable under that Act. SOR/97-252, s. 2; SOR/2002-73, s. 8; SOR/2003-12, s. 4; SOR/2003-230, s. 4; SOR/2016-156, ss. 7, 11(E)
Retirement Compensation Arrangements Regulations, No. 1 — 15.1
15.1 (1) Subject to subsection (2), if an amount is paid to an eligible employer in respect of a participant pursuant to subsection 40.2(3) of the Public Service Superannuation Act , the Minister shall transfer to an external retirement compensation arrangement established by that employer the lesser of (a) an amount equal to the aggregate of (i) an amount calculated by the Minister equal to the actuarial value of the participant’s benefits accrued under this Part and section 68 as of valuation date based on the paid-up contributions of the participant under this Part, using the same actuarial assumptions and determined in the same manner as set out in the agreement referred to in subsection 40.2(2) of that Act with the employer, except that the rate of interest shall be one-half the rate of interest used in calculating an amount under clause 40.2(3)(a)(i)(A) of that Act, and (ii) an amount representing interest after valuation date, if any, on the amount determined under subparagraph (i), calculated at the same rate and in the same manner as in that agreement, and (b) an amount calculated by the employer as being the amount required to provide benefits under its external retirement compensation arrangement with regard to the accrued benefits of the participant under this Part and section 68. (2) If the eligible employer has not established an external retirement compensation arrangement or has established an external retirement compensation arrangement but is not prepared to provide benefits under that arrangement in respect of the amount referred to in subsection (1), the Minister shall not transfer the amount to that employer, but shall pay to the participant a lump sum amount calculated in accordance with section 15.2. (3) If the amount transferred under subsection (1) is less than the lump sum amount that would be paid to the participant under subsection (2), the Minister shall pay to the participant an amount equal to the difference. (4) If a division of a participant’s pension benefits is effected under section 8 of the Pension Benefits Division Act before the date on which the transfer or payment is effected, the amount transferred or paid shall be reduced to take into account the adjustment to the participant’s pension benefits made in accordance with section 21 of the Pension Benefits Division Regulations . (5) The transfer or payment of an amount under this section shall be made within the time limit for the payment of an amount to an eligible employer provided in the agreement with that employer or within 12 months after the coming into force of this subsection, whichever is the later. (6) When all amounts under this section have been transferred or paid, as applicable, the participant shall cease to be entitled to any benefit under this Part or under section 68 in respect of the period of service to which the transfer or payment relates. (7) For the purposes of this section and section 15.2, valuation date has the same meaning as in the agreement with the eligible employer. SOR/2003-230, s. 5
Retirement Compensation Arrangements Regulations, No. 1 — 15.2
15.2 The lump sum amount referred to in subsection 15.1(2) is equal to (a) the transfer value that would be paid to the participant under section 13.01 of the Public Service Superannuation Act as of valuation date, whether or not the participant would otherwise be entitled to a transfer value, if the accrued pension benefits that would be payable to or in respect of the participant under that Act were determined as if (i) the period of pensionable service to the credit of the participant were the total of the period in respect of which the participant has made contributions under this Part and the period of pensionable service to the credit of the participant under that Act, not exceeding thirty-five years, (ii) for the purposes of determining the average annual salary in subsection 11(1) of that Act, the salary of the participant for the period for which the participant contributed under this Part were that referred to in subsection 8(3) or 9(1), and (iii) the computation referred to in paragraph 11(1)(b) of that Act were made without reference to the annual rate of salary fixed or determined by the regulations referred to in subparagraph 11(1)(b)(iii) of that Act, and (b) interest after valuation date, if any, on the amount referred to in paragraph (a) calculated in accordance with section 93 of the Public Service Superannuation Regulations , with any modifications that the circumstances require, less the sum of (c) any amount paid or payable to or in respect of the participant under that Act and Part II in respect of the period of pensionable service to the credit of the participant under that Act, and (d) an amount equal to the interest, if any, that would be calculated in accordance with section 93 of those Regulations, with any modifications that the circumstances require, on the amounts referred to in paragraph (c) from the date of payment of those amounts to the date to which interest is calculated under paragraph (b). SOR/2003-230, s. 5
Retirement Compensation Arrangements Regulations, No. 1 — 15.3 to 15.5
15.3 to 15.5 [Repealed, SOR/2003-12, s. 5]
Retirement Compensation Arrangements Regulations, No. 1 — 16
16 An option referred to in subsection 15(1) may be revoked in the same manner and under the same circumstances as are set out in sections 19 to 22 of the Public Service Superannuation Regulations in respect of an option referred to in those sections. SOR/2003-12, s. 6
Retirement Compensation Arrangements Regulations, No. 1 — 17
17 (1) For the purposes of subsection 15(3), where a participant has made an election under section 13.1 of the Public Service Superannuation Act in respect of a spouse married after the participant ceased to be required to contribute to the Retirement Compensation Arrangements Account under this Division, the amount determined under paragraph 15(3)(a) shall be reduced by the same proportion, and for the same period, as the participant’s immediate annuity, annual allowance or deferred annuity is reduced under section 68 of the Public Service Superannuation Regulations . (2) The benefit payable to the surviving spouse of a participant who has made an election under section 13.1 of the Public Service Superannuation Act , where that spouse married the participant after the participant ceased to be required to contribute to the Retirement Compensation Arrangements Account under this Division, is equal to the amount determined under subsection 15(3), read without reference to subsection (1), multiplied by the percentage of the participant’s annuity or annual allowance, calculated before any reduction is made under section 68 of the Public Service Superannuation Regulations , that the spouse will receive as an allowance under section 79 of those Regulations. (3) The reduction in the benefit referred to in subsection (1) shall be effective on the same day as is the reduction calculated under section 68 of the Public Service Superannuation Regulations .