GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canadian Forces Superannuation Act — C-17 62
Election to continue as participant 62 (1) A participant who is a member of the regular force and who has been a member substantially without interruption for five years or more or has been a participant under this Part without interruption for five years or more may, within one year before such time as he ceases to be a member, elect to continue to be a participant under this Part after that time. Idem (2) A person who ceases to be a member of the regular force and at the time he ceases to be a member is a participant who has been a member of the regular force substantially without interruption for five years or more or has been a participant under this Part without interruption for five years or more, (a) shall be deemed, for the purposes of this Part except section 65, to be a participant under this Part for a period of thirty days after that time; and (b) may, within that period of thirty days, elect to continue to be a participant under this Part after the expiration of that period, and is, if on ceasing to be a member they are entitled under Part I or under the Defence Services Pension Continuation Act , chapter D-3 of the Revised Statutes of Canada, 1970, to an immediate annuity, immediate annual allowance or pension, as the case may be, deemed so to have elected within that period to continue to be a participant under this Part after the expiration of that period. Idem (3) An election under subsection (1) or (2) shall be deemed not to take effect until the expiration of the period of thirty days mentioned in paragraph (2)(a). Service in public service to be counted (4) For the purpose of subsections (1) and (2), (a) in calculating the period during which a person has been a member of the regular force, any period during which that person was employed in the public service shall be deemed to be service as a member of the regular force; and (b) in calculating the period during which a person has been a participant under this Part, any period during which that person was a participant under Part II of the Public Service Superannuation Act shall be included. R.S., 1985, c. C-17, s. 62; 2003, c. 22, s. 225(E), c. 26, s. 27
Canadian Forces Superannuation Act — C-17 63
When public service participant deemed participant 63 Despite anything in this Part, a participant who becomes a public service participant ceases to be a participant under this Part, but, if on ceasing to be a public service participant they are not entitled to an immediate annuity or an immediate annual allowance under the Public Service Superannuation Act and are entitled under Part I or under the Defence Services Pension Continuation Act , chapter D-3 of the Revised Statutes of Canada, 1970, to an immediate annuity, immediate annual allowance or pension, they are deemed to have elected under subsection 62(1) to continue to be a participant under this Part. R.S., 1985, c. C-17, s. 63; 2003, c. 26, s. 28
Canadian Forces Superannuation Act — C-17 65
Amount of contribution 65 Every participant shall contribute to the Consolidated Revenue Fund the amounts prescribed by the regulations under the conditions prescribed by the regulations, in the manner and at the time prescribed by the regulations. R.S., 1985, c. C-17, s. 65; 1992, c. 46, s. 53 1999, c. 34, s. 157
Canadian Forces Superannuation Act — C-17 66
Payment of benefit 66 (1) On the death of a participant, there shall be paid to the persons and in the manner specified in this Part, a benefit in the amount prescribed by the regulations. Benefits to certain participants continued (2) Notwithstanding subsection (1), in calculating the benefit payable under that subsection on the death of a person who was an elective regular force participant under Part II of the Public Service Superannuation Act immediately before August 1, 1966 and who continued to be an elective participant until the time of his death, basic benefit means the basic benefit as defined in subsection 47(1) of the Public Service Superannuation Act as it read immediately prior to August 1, 1966. R.S., 1985, c. C-17, s. 66 1999, c. 34, s. 158
Canadian Forces Superannuation Act — C-17 67
To whom benefits paid 67 (1) Subject to section 83, benefits shall be paid as follows: (a) where a deceased participant has, pursuant to any regulations made under subsection 73(1), named his estate as his beneficiary or named another beneficiary who may be named under those regulations and the beneficiary survives the participant, to the beneficiary; and (b) in any other case, to the estate of the participant or, if less than one thousand dollars, as the Minister may direct. Transitional (2) Notwithstanding subsection (1), where, immediately prior to December 20, 1975, any benefit would, on the death of a participant, have become payable to his widow, the benefit shall remain payable, on his death, to his widow, unless (a) she does not survive him; (b) he names his estate as his beneficiary under any regulations made under paragraphs 73(1)(e) and (f); or (c) he names another beneficiary under any regulations made under paragraphs 73(1)(e) and (f). Exception (2.1) If it is established to the satisfaction of the Minister when the participant dies that the beneficiary or widow cannot be found, the benefit shall be paid to the estate or succession of the participant or, if less than one thousand dollars, shall be paid as the Minister may direct. How benefits paid (3) Subject to any regulations made under paragraph 73(1)(g), a benefit shall be paid in a lump sum. R.S., 1985, c. C-17, s. 67; 1999, c. 34, s. 159; 2003, c. 26, s. 29
Canadian Forces Superannuation Act — C-17 68
Regular Force Death Benefit Account 68 (1) There shall be an account in the accounts of Canada to be known as the Regular Force Death Benefit Account to which shall be credited the following: (a) the amount of all contributions paid under section 65 by participants; (b) an amount that is the greater of (i) an amount, representing an amount sufficient to cover the cost of the benefits that will become chargeable against the Account, as determined in accordance with the regulations, and (ii) the aggregate of (A) one twelfth of the benefit paid in respect of each participant who, at the time of death, was a member of the regular force or of the reserve force, for which benefit contributions under this Part were payable by the participant at that time, (B) one twelfth of the benefit paid in respect of each elective participant who, on ceasing to be a member of the regular force was entitled under Part I or under the Defence Services Pension Continuation Act , chapter D-3 of the Revised Statutes of Canada, 1970, to an immediate annuity or pension, for which benefit contributions under this Part were payable by the participant at the time of death, and (C) the amount of the single premium determined under the schedule in respect of each participant in respect of whom a benefit is payable without contribution under this Part by the participant for that benefit; and (c) an amount representing interest on the balance from time to time to the credit of the Account, calculated in such manner and at such rates and credited at such times as the regulations provide. (d) and (e) [Repealed, 1992, c. 46, s. 54] How benefits to be charged (2) Benefits shall be paid out of the Consolidated Revenue Fund and shall be charged against the Regular Force Death Benefit Account. R.S., 1985, c. C-17, s. 68; 1992, c. 46, s. 54 2003, c. 26, s. 30
Canadian Forces Superannuation Act — C-17 69
Elective participants 69 (1) There shall be issued to elective participants a document in such form as the regulations prescribe as evidence that they are participants under this Part. Idem (2) An elective participant ceases to be a participant if any contribution payable by him under this Part is not paid within thirty days after the due date thereof. R.S., 1985, c. C-17, s. 69; 1992, c. 46, s. 55(F)
Canadian Forces Superannuation Act — C-17 71
Valuation and assets reports 71 (1) A valuation report and an assets report on the state of the Regular Force Death Benefit Account shall be prepared, filed with the Minister and laid before Parliament in accordance with the Public Pensions Reporting Act and as if the supplementary death benefit plan established by this Part were a pension plan established under an Act referred to in subsection 3(1) of that Act. Review dates (2) For the purposes of subsection (1), the review date as of which an actuarial review of the Regular Force Death Benefit Account must be conducted for the purposes of the first valuation report is December 31 in the year that is four years after the day on which this subsection comes into force and, thereafter, the review dates must not be more than three years apart. R.S., 1985, c. C-17, s. 71; 1992, c. 46, s. 56
Canadian Forces Superannuation Act — C-17 72
Annual report 72 The Minister shall lay before Parliament each year a report on the administration of this Part during the preceding fiscal year, including a statement showing the amounts that during such year were credited to or charged against the Regular Force Death Benefit Account. R.S., c. C-9, s. 41
Canadian Forces Superannuation Act — C-17 73
Regulations 73 (1) The Governor in Council may make regulations for carrying the purposes and provisions of this Part into effect and, without restricting the generality of the foregoing, may make regulations (a) prescribing the amounts of contributions to be made by participants; (b) prescribing the conditions, manner and time of payment of contributions by participants; (c) prescribing benefits payable for the purposes of subsection 66(1); (d) respecting the manner of and time for making elections under this Part; (e) prescribing the manner and time of naming, changing or revoking beneficiaries under this Part; (f) authorizing a contributor to name his estate as his beneficiary and prescribing classes of persons and organizations from which beneficiaries may be named for the purposes of this Part; (g) authorizing payment, with the approval of the Minister, out of any benefit payable to the survivor, beneficiary or estate or succession of a deceased participant, of reasonable expenses incurred for the maintenance, medical care or burial of the participant; (g.1) respecting the manner of determining the amount referred to in subparagraph 68(1)(b)(i); (h) respecting the rates at which interest is to be credited to the Regular Force Death Benefit Account under paragraph 68(1)(c), the manner in which it shall be calculated and the times at which it shall be credited to the Account; (i) specifying, for the purposes of this Part, the circumstances under which a person’s service in the regular force shall be deemed to be substantially without interruption; (j) respecting the determination, for the purposes of this Part, of the effective date on which a person shall be deemed to have become or to have ceased to be a member of the regular force; (k) prescribing the nature of the evidence required to establish proof of age or marital status for the purposes of this Part, the time within which that evidence shall be provided and the consequences of any failure to provide that evidence within that time; and (l) [Repealed, 1999, c. 34, s. 161] (m) prescribing forms for the purposes of this Part. Application of section 36 (2) Section 36, except subsection (1) thereof, applies, with such modifications as the circumstances require, to this Part. No reduction of benefits (3) No regulation made under paragraph (1)(a) shall have the effect of reducing the amount of a benefit payable under this Part to an amount less than five thousand dollars in respect of a person who is a participant under this Part when the regulation comes into force and remains a participant after that coming into force. R.S., 1985, c. C-17, s. 73; 1992, c. 46, s. 57; 1999, c. 34, s. 161 2003, c. 26, s. 32
Canadian Forces Superannuation Act — C-17 74
Definitions 74 In this Part, contributor [Repealed, 1999, c. 34, s. 162] pay , with reference to a contributor to whom the Defence Services Pension Continuation Act , chapter D-3 of the Revised Statutes of Canada, 1970, applies, has the same meaning as in subsection 37(1) of that Act; ( solde ) pension means any pension, annual allowance or annuity payable under Part I; ( pension ) recipient means (a) a person who is in receipt of a pension and who has reached sixty years of age, (b) a person who is in receipt of a pension and who, not having reached sixty years of age, is disabled, (c) [Repealed, 2003, c. 26, s. 33] (d) a person who, not having reached sixty years of age, is in receipt of a pension based on not less than (i) twenty-six years of pensionable service, in the case of a person who has reached fifty-nine years of age but has not reached sixty years of age, (ii) twenty-seven years of pensionable service, in the case of a person who has reached fifty-eight years of age but has not reached fifty-nine years of age, (iii) twenty-eight years of pensionable service, in the case of a person who has reached fifty-seven years of age but has not reached fifty-eight years of age, (iv) twenty-nine years of pensionable service, in the case of a person who has reached fifty-six years of age but has not reached fifty-seven years of age, or (v) thirty years of pensionable service, in the case of a person who has reached fifty-five years of age but has not reached fifty-six years of age, or (e) a person who is in receipt of the pension by reason of being a survivor or a child. ( prestataire ) R.S., 1985, c. C-17, s. 74; 1992, c. 46, s. 58; 1999, c. 34, s. 162; 2003, c. 26, s. 33
Canadian Forces Superannuation Act — C-17
contributor [Repealed, 1999, c. 34, s. 162]
Canadian Forces Superannuation Act — C-17
pay , with reference to a contributor to whom the Defence Services Pension Continuation Act , chapter D-3 of the Revised Statutes of Canada, 1970, applies, has the same meaning as in subsection 37(1) of that Act; ( solde )
Canadian Forces Superannuation Act — C-17
pension means any pension, annual allowance or annuity payable under Part I; ( pension )
Canadian Forces Superannuation Act — C-17 (a)
recipient means (a) a person who is in receipt of a pension and who has reached sixty years of age, (b) a person who is in receipt of a pension and who, not having reached sixty years of age, is disabled, (c) [Repealed, 2003, c. 26, s. 33] (d) a person who, not having reached sixty years of age, is in receipt of a pension based on not less than (i) twenty-six years of pensionable service, in the case of a person who has reached fifty-nine years of age but has not reached sixty years of age, (ii) twenty-seven years of pensionable service, in the case of a person who has reached fifty-eight years of age but has not reached fifty-nine years of age, (iii) twenty-eight years of pensionable service, in the case of a person who has reached fifty-seven years of age but has not reached fifty-eight years of age, (iv) twenty-nine years of pensionable service, in the case of a person who has reached fifty-six years of age but has not reached fifty-seven years of age, or (v) thirty years of pensionable service, in the case of a person who has reached fifty-five years of age but has not reached fifty-six years of age, or (e) a person who is in receipt of the pension by reason of being a survivor or a child. ( prestataire )
Canadian Forces Superannuation Act — C-17 77
Benefit payable 77 Subject to this Part, a supplementary benefit is payable to every recipient. R.S., 1985, c. C-17, s. 77; 1992, c. 46, s. 58
Canadian Forces Superannuation Act — C-17 78
Calculation of benefit 78 (1) The supplementary benefit payable to a recipient for a month in any year shall be calculated with reference to the retirement year of the recipient and shall be equal to the amount of the supplementary retirement benefit that would be payable with respect to the recipient’s pension under section 4 of the Supplementary Retirement Benefits Act if that Act applied to the recipient. Exception for first year benefits received (2) The supplementary benefit payable to a recipient for a month in the year immediately following the recipient’s retirement year is equal to the product obtained by multiplying (a) the amount of the supplementary benefit that would, but for this section, be payable to the recipient for that month by (b) the ratio that the number of complete months that remained in the retirement year after the retirement month bears to twelve. Determination of retirement year or month (3) For the purposes of this section, (a) the retirement year or retirement month of a person to or in respect of whom or in respect of whose service a pension is payable, other than a person referred to in paragraph (b), is the year or month, as the case may be, in which, for the purposes of this Act, that person most recently ceased to be a member of the regular force; and (b) the retirement year or retirement month of a person who is in receipt of a pension by reason of being a survivor or a child, is the retirement year or retirement month, as the case may be, of the person in respect of whom or in respect of whose service the pension is payable. No decrease in amount of supplementary benefit (4) Notwithstanding subsection (1) but subject to section 79, the aggregate of the amount of the supplementary benefit and the pension that may be paid to a recipient for a month in any year shall not be less than the aggregate of the amount of the supplementary benefit and the pension that was or may be paid to that recipient for any month in the year next before that year. Minimum guaranteed amount (5) Despite subsections (1), (2) and (4) but subject to section 79, the amount of the supplementary benefit that may be paid for a month in any year to a recipient shall not be less than an amount equal to the difference obtained by subtracting the amount of the pension that may be paid to the recipient for that month in that year from the aggregate of the supplementary benefit and the maximum pension that would have been payable to that recipient for that month in that year, otherwise than pursuant to this section, if the retirement month of the retirement year of the recipient had been that month in such year as is determined by (a) the Governor in Council, in the case of a person to or in respect of whom the pension is payable on ceasing to hold an office to which the person was appointed by the Governor in Council; or (b) the Treasury Board, in the case of a person other than a person described in paragraph (a). R.S., 1985, c. C-17, s. 78; 1992, c. 46, s. 58; 1999, c. 34, s. 165; 2003, c. 26, s. 35
Canadian Forces Superannuation Act — C-17 79
Manner of payment of benefit 79 (1) The supplementary benefit payable to a recipient shall be paid at the same times, in the same manner, during or in respect of the same periods and subject to the same terms and conditions as the pension payable to that recipient. (2) [Repealed, 1999, c. 34, s. 166] 1992, c. 46, s. 58; 1999, c. 34, s. 166
Canadian Forces Superannuation Act — C-17 80
Regulations 80 (1) The Governor in Council may, for the purpose of enabling the pension plan provided by this Act to conform with any provision of section 147.1 of the Income Tax Act and Part LXXXV of the Income Tax Regulations , make regulations (a) adapting any provision of this Act or of any regulation made under this Act; (b) respecting the application of any provision of this Act or of any regulation made under this Act; and (c) generally as the Governor in Council may consider necessary for that purpose. Idem (2) The Governor in Council may, for the purpose of ensuring the practical and fair application of this Act in any case where regulations are made or have been made under subsection (1), make regulations (a) adapting any provision of this Act or of any regulation made under this Act; (b) respecting the application of any provision of this Act or of any regulation made under this Act; and (c) generally as the Governor in Council may consider necessary for that purpose. Inconsistency with Act or other regulations (3) In the event of any inconsistency between the provisions of any regulations made under subsection (1) or (2) and the provisions of this Act or any other regulations made under this Act, the provisions of the regulations made under subsection (1) or (2) prevail to the extent of the inconsistency. Retroactive application of regulations (4) Regulations made under subsection (1) or (2) may, if they so provide, be retroactive and be deemed to come into force on a day prior to the day on which they are made, which prior day shall not be before the day on which this subsection comes into force. Void regulations (5) A regulation made under subsection (1) or (2) is void if the regulation would reduce or have the effect of reducing the amount of any pension, annual allowance, annuity, supplementary benefit or lump sum payment that has accrued to any person before the day on which the regulation is made. 1992, c. 46, s. 58; 1999, c. 34, s. 167
Canadian Forces Superannuation Act — C-17 81
Regulations regarding small benefits 81 (1) The Governor in Council may make regulations respecting the terms and conditions under which, the manner in which and the time within which, a person who is entitled to a periodic benefit under this Act, the annual amount of which is less than a prescribed amount, may be required, or may opt, to take a lump sum amount that is determined, in accordance with those regulations, to be the capitalized value of the periodic benefit, which lump sum amount shall be in place of any other benefit under Part I, I.1 or III to which they would otherwise be entitled. Manner of payment (2) A lump sum amount referred to in subsection (1) shall be payable directly to the person entitled if that amount is equal to or less than an amount prescribed. If the lump sum amount is more than that amount prescribed, it shall be payable in accordance with subsection 22(2) as if it were a transfer value, with any modifications that the circumstances require. 2003, c. 26, s. 36
Canadian Forces Superannuation Act — C-17 82
Regulations — recovery, etc., of amounts 82 The Governor in Council may make regulations respecting the manner in which amounts referred to in sections 86 to 89 may be reserved, recovered or retained, as the case may be, from any benefit payable under this Act. 2003, c. 26, s. 36
Canadian Forces Superannuation Act — C-17 83
Benefits not assignable, etc. 83 Subject to Part II of the Garnishment, Attachment and Pension Diversion Act and to the Pension Benefits Division Act , (a) a benefit under this Act is not capable of being assigned, charged, anticipated or given as security and any transaction that purports to assign, charge, anticipate or give as security any such benefit is void; (b) a benefit to which a person is entitled under Part I, I.1 or III is not capable of being surrendered or commuted during the lifetime of that person except under section 22, subsection 29(3) or section 81 or under regulations made under section 59.1, and any other transaction that purports to so surrender or commute any such benefit is void; and (c) a benefit under this Act is exempt from attachment, seizure and execution, either at law or in equity. 2003, c. 26, s. 36