Public Service Superannuation Act — P-36 13
ed annuity and becomes entitled to an immediate annuity, or (ii) an annual allowance, he ceases to be entitled to that annual allowance and becomes entitled to an immediate annuity, which shall be adjusted in accordance with the regulations to take into account the amount of the annual allowance he has received. (e) [Repealed, 1999, c. 34, s. 65] Limitation on entitlement to annual allowance (1.1) A contributor is not entitled to an annual allowance under clause (1)(c)(ii)(C.1) unless the Treasury Board approves their entitlement to it based on the criteria that it establishes and the contributor ceases to be employed in the public service during the period that begins on the day on which this subsection comes into force and ends on the 300th day after that day. Limitation on approval (1.2) The Treasury Board is not authorized to approve entitlement to an annual allowance referred to in clause (1)(c)(ii)(C.1) after the 120th day after the day on which this subsection comes into force. Allowance to survivor and children (2) On the death of a contributor who, at the time of death, was entitled under subsection (1) to an immediate annuity or a deferred annuity, or to an annual allowance payable immediately or on reaching fifty years of age, the survivor and children of the contributor are entitled to an annual allowance respectively, as described in paragraphs 12(4)(a) and (b) and subject to the limitations set out in subsections 12(4) and (5). Allowance to survivor and children (3) On the death of a Group 1 contributor described in subsection 12(0.1) who was employed in the public service at the time of death, having to his or her credit two or more years of pensionable service, the contributor’s survivor and children are entitled to the annual allowances to which they would have been entitled under subsection (2) had the contributor, immediately before his or her death, become entitled under subsection (1) to an immediate annuity or a deferred annuity or an annual allowance payable immediately or on reaching 50 years of age. Voluntary retirement of Group 1 contributor (4) Despite anything in this section, a Group 1 contributor described in subsection 12(0.1) who voluntarily retires from the public service, not having been employed in it substantially without interruption for a period of two years immediately before retirement from it, is entitled only to a return of contributions. Exceptions (4.1) Subsection (4) does not apply to a contributor described in paragraph 10(5)(c) or subsection 10(7) or a contributor who has made an election in respect of any period specified in clause 6(1)(b)(iii)(M) or under subsection 39(6) or under any regulations made pursuant to subsection 42(8). Calculation of period of service (5) For the purposes of subsection (4), in calculating the period during which a contributor has been employed in the public service, there shall be included any period of service of the contributor (a) as a member of the regular force or as a member of the Force, or (b) with an approved employer with whom the Minister has entered into an agreement pursuant to section 40 or an eligible employer with whom the Minister has entered into an agreement pursuant to section 40.2, that the contributor is, pursuant to the agreement, entitled to count as pensionable service for the purposes of this Part, that is within a period of two years immediately before the contributor’s retirement from the public service. Where annual allowance to be adjusted (6) Where a contributor described in paragraph (1)(c) who was receiving an annual allowance payable under this Part is subsequently re-employed in the public service, the amount of any annuity or annual allowance to which that contributor may become entitled under this Part on again ceasing to be employed in the public service shall be adjusted in accordance with the regulations to take into account the amount of the annual allowance he has received. (7) [Repealed, 1999, c. 34, s. 65]