GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canadian Forces Superannuation Regulations — 12.2
n the case of a period of service of a kind referred to in paragraph (1)(a) that was performed with any board, commission or corporation in, or any portion of, the federal public administration that is added to Schedule I to the Public Service Superannuation Act on or after March 1, 1960, within one year after the day on which that addition was made; (c) in the case of a period of service of a kind referred to in any of paragraphs (1)(b) to (h), within one year after the day on which they became a contributor under the Act; (d) in the case of a period of service of a kind referred to in paragraph (1)(i), during the period beginning on the day on which they become or, if the contributor ceased to contribute to the Canadian Forces Pension Fund before the end of the last period in which they were entitled to make the election, again become a contributor and ending one year after the date of the written notice advising the contributor that they have become entitled to make the election; (e) in the case of a period of service of a kind referred to in paragraph (1)(k), within one year after the day on which they again became, for the first time, a contributor under the Act after having received the return of contributions or payment referred to in that paragraph; or (f) in the case of a period of service of a kind referred to in any of paragraphs (1)(l) to (n), before they cease to be a member of the regular force. (3) An election for any period of service of a kind referred to in paragraph (1)(i) applies to all of the contributor’s periods of service referred to in subsection (5), but only the periods that would result in a maximum of 35 years of pensionable service to the credit of the contributor are to be counted as years of pensionable service, starting with the most recent ones. (4) A contributor who is a member or former member of the reserve force and who became a contributor on or after March 1, 2007 may not to pay for a period of service of a kind referred to in paragraph (1)(l) or (m) that is a period of service referred to in subsection (5). (5) For the purposes of paragraph (1)(i) and subsections (3) and (4), periods of service are those that are performed in the reserve force and (a) in respect of which the contributor was not required to contribute to the Superannuation Account or Canadian Forces Pension Fund; (b) during which the contributor was not a participant under the Reserve Force Pension Plan Regulations , other than any period in the reserve force in respect of which the contributor was entitled to a return of contributions within the meaning of section 38 of those Regulations; (c) that the contributor is not counting as pensionable service for the purposes of, or in respect of which the payment of a transfer value or a commuted value has not been effected under, the Public Service Superannuation Act or the Royal Canadian Mounted Police Superannuation Act ; and (d) in respect of which the contributor has not lost the right to make a pensionable earnings election. SOR/2007-33, s. 6; SOR/2008-307, s. 7; SOR/2010-101, s. 1; SOR/2016-64, s. 13 SOR/2025-256, s. 12
Canadian Forces Superannuation Regulations — 12.21
12.21 (1) Subject to sections 27.1 and 27.2, for the purposes of Part I of the Act, the following conditions apply in respect of any election made by a contributor: (a) it must be made by them while they are a member of the regular force; (b) it must be evidenced in writing, using the applicable form set out in Schedule III, and must be witnessed; (c) the original document must be sent to a person designated by the Minister within the applicable time set out in any of paragraphs 12.2(2)(a) to (e) or subsection 12.7(1), as the case may be, for making the election or, in the case of an election that may be made by the contributor at any time before they cease to be a member of the regular force, within one month after the day on which the election is made. (2) Any election under Part I of the Act is void in so far as it is (a) an election to pay for any period of service of a kind referred to in any of paragraphs 12.2(1)(a) to (i) that the contributor is entitled to count for the purposes of any superannuation or pension benefit, otherwise than under the provisions of the Act, if the benefit (i) is provided in whole or in part as a result of contributions made other than by the contributor, (ii) is related in amount to a period of service, and (iii) is payable in instalments during the lifetime of the recipient and afterward if the superannuation or pension plan so provides; (b) an election to pay for a period of service of a kind referred to in paragraph 12.2(1)(i) by a person referred to in section 12.6, unless that person elects, under that section, to repay the annuity or annual allowance that they received; or (c) an election to pay for any period of service of a kind referred to in any of paragraphs 12.2(1)(l) to (n), or any period of service that the contributor is entitled to count as pensionable service under section 18 of the Canadian Forces Superannuation Act , chapter C-9 of the Revised Statutes of Canada, 1970, unless the contributor has passed a medical examination. (3) A medical examination referred to in paragraph (2)(c) must be (a) undergone by the contributor within the period of 90 days before or after the day on which they make the election or, on request by the contributor to the Minister, within a longer period as set out in that request; and (b) performed by a medical officer of the Canadian Forces, or a civilian medical practitioner acting in that capacity, who must determine and certify whether the contributor is disabled. (4) A contributor who is entitled under Part I of the Act to elect to pay for a period of service, other than a period of service of a kind referred to in paragraph 12.2(1)(i), is entitled to elect to pay for only the most recent portion of that period. SOR/2025-256, s. 12
Canadian Forces Superannuation Regulations — 12.3
ces Superannuation Act , chapter C-9 of the Revised Statutes of Canada, 1970, or the amount equal to the sum of the amounts referred to in subsection 12.7(2) — taking into account, if applicable, subsection 12.9(2) — and in section 12.91, as the case may be; (i) despite paragraphs (a) to (h), for any period of service of a kind referred to in paragraph 12.2(1)(k), an amount equal to the amount of the return of contributions or other lump sum payment referred to in that paragraph plus the capitalized value, on the day on which that payment was made to them, of any such amount by way of instalments of the amount that was required under the Act or Part V of the former Act to be paid by them in respect of that period as were payable by them before that payment was made to them and remained unpaid by them on that day, together with simple interest at 4% per annum from that day until the day on which the election was made; (j) despite paragraphs (a) to (f), (h), (i) and (l), for any period of service of a kind referred to in paragraph 12.2(1)(l), an amount equal to the amount that they would have been required to pay if they had elected under the Act, within the prescribed time for making the election, to pay for that period and, if during that period the rate of pay authorized to be paid to them had been equal to the rate of pay that was authorized on the day on which they made the election, together with interest; (k) despite any other paragraph in this subsection, for any period of service of a kind referred to in paragraph 12.2(1)(m), an amount equal to the amount that they would have been required to pay for the period if the original election to pay for that period had not been revoked and, if the rate of pay for computing that amount had been equal to the rate of pay that had been authorized to be paid to them on the day on which they made the election after the revocation, together with interest; and (l) for any period of service of a kind referred to in paragraph 12.2(1)(n), the amount referred to in subsection 11(8). (2) A contributor who has elected to pay for a period of service of a kind referred to in paragraph 12.2(1)(i) must not modify the amount for which they have opted. (3) For the purposes of subsection (1), other than paragraph (1)(i), interest means simple interest at 4% per annum from the middle of the fiscal year in which the contributions would have been made, had the contributor been required to make those contributions during the period for which they elected to pay, until the day on which the election was made. SOR/2025-256, s. 12
Canadian Forces Superannuation Regulations — 12.4
12.4 Subject to section 14.1, the contributor must pay the amount required under subsection 12.3(1), in respect of any period of service for which they have elected to pay, at their option (a) in a lump sum, on the day on which the election is made, or (b) in instalments, according to the terms and computed on the bases as to mortality and interest as are set out in section 14. SOR/2007-33, s. 6; SOR/2008-307, s. 8; SOR/2016-64, s. 49 SOR/2025-256, s. 12
Canadian Forces Superannuation Regulations — 12.5
12.5 (1) A contributor who, under section 7 of the Act elects to pay for any period of service, or any portion of a period of service, that is after March 31, 1970 but before January 1, 2000 must contribute to the Superannuation Account or the Canadian Forces Pension Fund, in addition to any other amount required under section 12.3 or 12.7, the following amount calculated in the manner and in respect of the pay described in section 12.3 or 12.7, if applicable, for the period or portion in question: (a) in the case of any period of service, or any portion of that period, that is after March 31, 1970 but before January 1, 1977, the amount that corresponds to 0.5% of their pay; or (b) in the case of any period of service, or any portion of that period, that is after December 31, 1976 but before January 1, 2000, the amount that corresponds to 1% of their pay. (2) Section 12.4 applies, with such modifications as the circumstances require, in respect of amounts required to be paid under subsection (1). SOR/2025-256, s. 12
Canadian Forces Superannuation Regulations — 12.6
12.6 (1) An election made by any of the following members or former members of the reserve force in respect of a period of service of a kind referred to in paragraph 12.2(1)(i) is void unless, within the time set out in subsection (3), the member or former member elects to repay the annuity or annual allowance that they received during that period of service: (a) a member of the reserve force who is considered to be a member of the regular force by virtue of subsection 8.1(3); or (b) a former member of the reserve force who is a former member of the regular force who was in receipt of an annuity or annual allowance under Part I of the Act while a member of the reserve force, and who has re-enrolled in or transferred to the regular force. (2) If the member or former member elects to repay their annuity or annual allowance, they must pay into the Canadian Forces Pension Fund the amount determined by the formula A × B ÷ 365 where A is the amount of the annuity or annual allowance; and B is the number of days of service in the Canadian Forces during which they received the annuity or annual allowance. (3) The member or former member must pay the amount in a lump sum no later than 120 days after the date of the notice advising the member or former member of the amount due. (4) The election is void if the member or former member fails to pay the amount within the prescribed time. SOR/2025-256, s. 12
Canadian Forces Superannuation Regulations — 12.8
12.8 The pay that the contributor referred to in subsection 12.7(1) is deemed to have received, during any period of service referred to in paragraph 12.7(2)(a) or (b), is pay at a rate equal to the rate of pay on the basis of which the amount required to be paid for that period of service was determined (a) under the Public Service Superannuation Act or the Royal Canadian Mounted Police Superannuation Act , as the case may be, in the case of a period of service referred to in paragraph 12.7(2)(a), or (b) under the Act, in the case a period of service referred to in paragraph 12.7(2)(b). SOR/2025-256, s. 12
Canadian Forces Superannuation Regulations — 12.9
12.9 (1) Any person who becomes a contributor under the Act, having been employed in the public service and having become entitled to an annuity or annual allowance under the Public Service Superannuation Act , or having been a member of the Royal Canadian Mounted Police and having become entitled to an annuity or annual allowance under the Royal Canadian Mounted Police Superannuation Act , is entitled, for the purposes of the Act, to retain that annuity or annual allowance, but the period of service on which that annuity or annual allowance was based may not be counted by that person for the purpose of any benefit to which they may become entitled under the Act by reason of having become a contributor under that Act. (2) Despite subsection (1), any person to whom that subsection applies may elect, within one year beginning on the day on which they become a contributor under the Act, to surrender the annuity or annual allowance referred to in that subsection, and the person so electing is to be subject to subsection 12.7(2) in all respects as though they had not become entitled to an annuity or annual allowance under the Public Service Superannuation Act or the Royal Canadian Mounted Police Superannuation Act but had elected under subsection 12.7(1) to pay for the whole of that service. SOR/2025-256, s. 12
Canadian Forces Superannuation Regulations — 12.91
12.91 In addition to the amount referred to in subsection 12.7(2), the contributor, if they have been a member of the Royal Canadian Mounted Police and have become entitled, under the Royal Canadian Mounted Police Superannuation Act , to an annuity or annual allowance for which they were not required to contribute, must pay into the Consolidated Revenue Fund, for the period of service for credit to the account maintained in the accounts of Canada under that Act, an amount equal to the amount of any annuity or annual allowance that has been paid to them under that Act prior to their making an election to pay for that period of service under subsection 12.9(2). SOR/2025-256, s. 12
Canadian Forces Superannuation Regulations — 12.92
12.92 For the purposes of section 9.3 of the Act, if, under subsection 12.7(1) or 12.9(2), the contributor elects to pay for a period of service referred to in paragraph 12.7(2)(a) that they were entitled to count for pension purposes under the Public Service Superannuation Act or the Royal Canadian Mounted Police Superannuation Act , as the case may be, the amount to be charged to the pension fund established under that Act and credited to the Canadian Forces Pension Fund is equal to the amount determined by the formula A − B where A is the total amount that they actually paid for that period of service; and B is the total amount, if any, that was paid to them under the Public Service Superannuation Act or the Royal Canadian Mounted Police Superannuation Act , as the case may be, before they made the election. SOR/2025-256, s. 12
Canadian Forces Superannuation Regulations — 12.93
12.93 A contributor who makes an election under subsection 12.7(1) or 12.9(2) in respect of a period of service referred to in paragraph 12.7(2)(a) is entitled to receive an amount determined by the formula A − (B − C) where A is the amount of any return of contributions or other lump sum payment that is or may become payable to or in respect of them under the Public Service Superannuation Act or the Royal Canadian Mounted Police Superannuation Act , as the case may be; B is the total amount that they actually paid for that period of service; and C is the total amount, if any, that was paid to them under the Public Service Superannuation Act or the Royal Canadian Mounted Police Superannuation Act , as the case may be, before they made the election. SOR/2025-256, s. 12
Canadian Forces Superannuation Regulations — 14
esent value of the remaining instalments shall be reserved from that allowance to the extent that such allowance is not reduced below an amount equivalent to a return of contributions; or (c) where during any period a pension granted under Part V of the former Act or an annuity granted under the Act is not payable or is reduced to an amount that is not sufficient to pay the instalments in full, the unpaid portion of the remaining instalments shall be reserved during such period from the pay and allowances or salary payable to the recipient or from any other amount payable to them by His Majesty. (6) [Repealed, SOR/2025-256, s. 14] (7) For the purposes of section 87 of the Act, the amount and interest referred to in that section may be recovered from any allowance payable under the Act to the survivor or children as follows: (a) in a lump sum from a cash termination allowance; or (b) by monthly instalments from an annual allowance in an amount equal to 10% of the net monthly allowance, in which case payment may be made by or on behalf of the survivor or children in order to liquidate the amount due before the date on which the last monthly instalment would have otherwise been due. SOR/92-717, s. 10; SOR/95-570, s. 10(F); SOR/2001-76, s. 9; SOR/2007-33, s. 7; SOR/2016-64, ss. 15, 50, 52(F), 54(E), 55(E), 57(E) SOR/2025-256, s. 14 SOR/2025-256, s. 37(F) SOR/2025-256, s. 38(E)
Canadian Forces Superannuation Regulations — 14.1
14.1 In respect of a member of the reserve force who is a contributor and who makes an election in relation to a period of service of a kind referred to in any of paragraphs 12.2(1)(a) to (f) or (i) to (n), or a member or former member of the reserve force who makes a top-up election under section 14.2, the following rules apply: (a) any amounts payable by them are to be paid on the same terms and conditions as those set out in sections 16 to 21 of the Reserve Force Pension Plan Regulations that apply to a participant in respect of an election made under subsection 11(1) of those Regulations; and (b) if they are in receipt of an annuity or annual allowance, section 23 of those Regulations applies to them in respect of any instalments resulting from a top-up election as if they had been a participant under those Regulations. SOR/2007-33, s. 8; SOR/2016-64, s. 16 SOR/2025-256, s. 15
Canadian Forces Superannuation Regulations — 14.2
14.2 A contributor is entitled to make a top-up election, once only, to contribute an additional amount in respect of all of the pensionable service that was counted to the contributor’s credit (a) under section 10.2 , other than pensionable service described in paragraph (b); and (b) under section 10.2 that had been counted to their credit as a result of a pensionable earnings election. SOR/2007-33, s. 8; SOR/2016-64, s. 49
Canadian Forces Superannuation Regulations — 14.3
14.3 A contributor may make the top-up election commencing on the day in respect of which they are entitled to receive pay. SOR/2007-33, s. 8
Canadian Forces Superannuation Regulations — 14.4
14.4 The contributor must make the top-up election no later than one year after the date of the written notice advising them that they have become entitled to make it. SOR/2007-33, s. 8; SOR/2010-101, s. 3 SOR/2025-256, s. 16
Canadian Forces Superannuation Regulations — 14.5
14.5 A contributor who ceases to be considered to be a member of the regular force before the expiry of the period to make a top-up election is, on again being considered to be a member of the regular force, entitled to make the election until the end of one year after the date of the written notice advising the contributor that they have again become entitled to make the election. SOR/2007-33, s. 8; SOR/2016-64, s. 17
Canadian Forces Superannuation Regulations — 14.6
14.6 (1) For the purposes of this section, former earnings , in respect of a period of pensionable service of a contributor who was a participant under subsection 4(2) of the Reserve Force Pension Plan Regulations , means the earnings that remained to the contributor’s credit as pensionable earnings on the day before the day on which they became or were considered to be a member of the regular force, other than earnings that came to their credit as a result of a pensionable earnings election, less any portion of those earnings that relates to earned premiums in lieu of leave, plus the allowance calculated in respect of that period in accordance with section 9. (2) A contributor who makes a top-up election shall pay the full amount or a lesser amount for which the contributor opts at the time of making the election. (3) The full amount is (a) in respect of pensionable service described in paragraph 14.2 (a), the total of amounts determined for each calendar year by the formula B - A where A is the amount that the contributor was required to contribute as a participant under the Reserve Force Pension Plan Regulations on their earnings, for that calendar year, that remained to their credit as pensionable earnings for the purposes of those Regulations on the day before the contributor became a member of the regular force, other than earnings that came to their credit as a result of a pensionable earnings election, B is the amount that the contributor would have been required to contribute under section 5 of the Act in that calendar year had they been required to so contribute on an amount of salary equal to their former earnings for that calendar year; and (b) in respect of pensionable service described in paragraph 14.2 (b), the total of amounts determined for each calendar year by the formula (D - C) × E where C is the portion of the full amount, excluding interest, determined for that calendar year by the formula in subsection 15(2) of the Reserve Force Pension Plan Regulations for the purposes of the pensionable earnings election referred to in paragraph 14.2 (b) of these Regulations, D is the greater of the value of C and the amount that the contributor would have been required to contribute in accordance with subsection 5(1) of the Act on an amount of salary for the year of the pensionable earnings election equal to the amount that would be determined as their updated past earnings for that calendar year for the purposes of that election, if the amount of their past earnings for that calendar year were adjusted by subtracting the amount of any earned premiums in lieu of leave and adding the amount of any allowances calculated in respect of that calendar year in accordance with section 9, and E is the proportion referred to in subsection 26(1) of the Reserve Force Pension Plan Regulations in relation to the pensionable earnings election that was made. (4) The contributor may not modify the amount for which the contributor has opted. SOR/2007-33, s. 8; SOR/2008-307, s. 10(F); SOR/2016-64, ss. 18, 49
Canadian Forces Superannuation Regulations — 14.7
14.7 Section 14.1 applies to a top-up election made under section 14.2 as if any amount to be paid in respect of the election were an amount required to be paid under subsection 12.3(1). SOR/2007-33, s. 8; SOR/2008-307, s. 11 SOR/2025-256, s. 17
Canadian Forces Superannuation Regulations — 14.8
14.8 At the request of a contributor, they are deemed to have opted, at the time of making the top-up election, for the total of the amounts received by the Minister as of the date of the request, if (a) they establish that financial hardship will be caused to them if they are required to continue to pay the instalments; or (b) at the commencement date of an annuity or annual allowance, the instalments are greater than the increase in the monthly amount of the benefits payable that results from the election. SOR/2007-33, s. 8; SOR/2016-64, s. 19