Public Service Superannuation Act — P-36 40
t 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 Minister as having being paid into the Superannuation Account and the Public Service Pension Fund in respect of that employee and in respect of which that employee is or may become entitled to a benefit under this Part or Part III, is less than (c) the amount determined by the Minister as being the total amount paid into the Superannuation Account and the Public Service Pension Fund by and in respect of that employee, the Minister may pay to that employee an amount not exceeding that difference. Prohibition on transfer of certain contributions (9) No amount paid into the Superannuation Account or the Public Service Pension Fund in respect of any period of service of a person described in subsection (11) or (13) (a) that, at the time that person ceased to be employed by an approved employer or the administration of any service in which he or she was employed was transferred to Her Majesty in right of Canada, he or she was entitled to count for the purpose of any superannuation or pension fund or plan established for the benefit of persons employed by that employer or in that service, and (b) in respect of which the Pension Benefits Standards Act, 1985 or a provincial law required the vesting of benefits or the locking-in of contributions shall be paid out of the Superannuation Account or the Public Service Pension Fund to an approved employer for the purpose of any superannuation or pension fund or plan established for the benefit of employees of that employer if that fund or plan is not subject to the Pension Benefits Standards Act, 1985 or a provincial law. Definition of provincial law (10) For the purposes of subsection (9), provincial law means a law of a province that, in the opinion of the Minister, is substantially similar to the Pension Benefits Standards Act, 1985 . Service countable by employee entering public service (11) When an employee of an approved employer with whom the Minister has entered into an agreement pursuant to subsection (2) has ceased to be employed by that employer to become employed in the public service and becomes a contributor before April 1, 2000, any service of that employee that, at the time he or she left that employment, he or she was entitled to count for the purpose of any superannuation or pension fund or plan established for the benefit of employees of that employer may, if the agreement so provides, be counted by him or her as pensionable service for the purposes of subsection 6(1) without contribution by him or her except as specified in the agreement if, within one year from the time when he or she becomes a contributor under this Part or within the further time that is specified in the agreement, the employer pays into the Superannuation Account the amount that is required under the agreement to be paid by that employer in respect of the employee. Service countable by employee entering public service (11.1) If an employee of an approved employer with whom the Minister has entered into an agreement pursuant to subsection (2) has ceased to be employed by that employer to become employed in the public service, and becomes a contributor, on or after April 1, 2000, subsection (11) applies, with any modifications that the circumstances require, and a reference to “the Superannuation Account” shall be read as a reference to “the Public Service Pension Fund” in respect of any period of pensionable service on or after April 1, 2000. Transfer of past contributions (12) The Minister may pay to any approved employer with whom he has entered into an agreement pursuant to subsection (2), in respect of any employee of that employer who, having been a contributor under this Part or Part I of the Superannuation Act , ceased to be employed in the public service prior to the day on which the agreement was e