GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canadian Forces Superannuation Act — C-17 18
Annual allowance 18 (1) A contributor who is entitled to a deferred annuity may opt, in accordance with the regulations, for an annual allowance in place of the deferred annuity. The allowance is payable to the contributor (a) immediately, if they are 50 or more years of age when they exercise their option; or (b) on their reaching 50 years of age, if they are less than 50 years of age when they exercise their option. Amount of allowance (2) The amount of the annual allowance is equal to the amount of the deferred annuity, reduced by the product obtained by multiplying five per cent of the amount of that annuity by the number of years by which the contributor’s age in years, to the nearest one-tenth of a year, at the time the allowance is payable is less than 60. Alternative amount (3) If a contributor is 50 years or more of age when they cease to be a member of the regular force and has not less than 25 years of pensionable service to their credit, the amount of the annual allowance is the greater of (a) the amount calculated under subsection (2), and (b) the amount of the deferred annuity reduced by the product obtained by multiplying five per cent of the amount of that annuity by the greater of (i) 55 minus the contributor’s age in years at the time they exercise their option, to the nearest one-tenth of a year, and (ii) 30 minus the number of years of pensionable service to their credit, to the nearest one-tenth of a year. Adjustment (4) If a contributor who was receiving an annual allowance payable under subsection (1) re-enrols in the regular force, the amount of any annuity or annual allowance to which that contributor may become entitled under this Part on again ceasing to be a member of the regular force shall be adjusted in accordance with the regulations to take into account the amount of the annual allowance they have received. R.S., 1985, c. C-17, s. 18; 1999, c. 34, s. 130; 2003, c. 26, s. 14
Canadian Forces Superannuation Act — C-17 19
Alternative annuity for certain members 19 (1) Subject to regulations made under subsection (2), a contributor who ceases to be a member of the regular force, having been a member continuously from the day immediately before the coming into force of this section until the day on which they ceased to be a member, is entitled, at their option, in place of any other benefit under this Part to which they would otherwise be entitled in respect of the pensionable service that they have to their credit, to an annuity, which may be adjusted in accordance with those regulations, payable from the day on which they cease to be a member of the regular force. Regulations (2) The Governor in Council may make regulations prescribing the circumstances in which a contributor may exercise an option under subsection (1), the manner of and time for exercising an option and the manner in which the amount of an annuity may be adjusted. R.S., 1985, c. C-17, s. 19; 2003, c. 26, s. 14
Canadian Forces Superannuation Act — C-17 20
Return of contributions 20 A contributor who ceases to be a member of the regular force and who has to their credit less than two years of pensionable service is entitled to a return of contributions. R.S., 1985, c. C-17, s. 20; 2003, c. 26, s. 14
Canadian Forces Superannuation Act — C-17 21
Benefit payable in case of disability after retirement 21 (1) A contributor who, not having reached 60 years of age but having become entitled under this Part to a deferred annuity or to an annual allowance, becomes entitled to a disability pension under the Canada Pension Plan or a provincial pension plan, ceases to be entitled to that deferred annuity or annual allowance, as the case may be, and becomes entitled to an immediate annuity. Adjustment (2) If a contributor ceases under subsection (1) to be entitled to an annual allowance, the immediate annuity shall be adjusted in accordance with the regulations to take into account the amount of the annual allowance that the contributor has received. Benefit where entitlement to disability pension ceases (3) A contributor who, not having reached 60 years of age but having become entitled under subsection (1) to an immediate annuity, has ceased to be entitled to a disability pension under the Canada Pension Plan or a provincial pension plan ceases to be entitled to that immediate annuity and becomes entitled to a deferred annuity or to the annual allowance to which they were originally entitled, as the case may be. R.S., 1985, c. C-17, s. 21; 2003, c. 26, s. 14
Canadian Forces Superannuation Act — C-17 22
Transfer value 22 (1) Despite any other provision of this Act but subject to the regulations, a contributor who has ceased to be a member of the regular force, has to their credit two or more years of pensionable service and is not entitled to an immediate annuity is entitled, in place of any other benefit under this Act to which they would otherwise be entitled in respect of the pensionable service that they have to their credit, to a transfer value that is payable to the contributor in accordance with subsection (2). Where transferred (2) The payment of a transfer value to which a contributor may be entitled under subsection (1) is effected by transferring it to, at the direction of the contributor, (a) a pension plan selected by the contributor that is registered under the Income Tax Act , if that pension plan so permits; (b) a retirement savings plan or fund for the contributor that is of the kind prescribed by the regulations; or (c) a financial institution authorized to sell immediate or deferred life annuities of the kind prescribed by the regulations, for the purchase from that financial institution of such an annuity for the contributor. Election to pay by instalments (3) If a contributor who is entitled to a transfer value has elected to pay for a period of pensionable service by means of instalments, the transfer value to be determined in accordance with the regulations shall be determined by reference to the portion of the period of pensionable service that the contributor has paid for at the time prescribed in the regulations. R.S., 1985, c. C-17, s. 22; 2003, c. 26, s. 14
Canadian Forces Superannuation Act — C-17 23
Period to exercise option under former provisions 23 (1) A contributor who ceases to be a member of the regular force before the coming into force of this section and has not exercised their option in favour of a benefit under sections 16 to 22, as those sections read immediately before that coming into force, may, in accordance with the provisions of this Act as it read immediately before that coming into force, exercise that option at any time within one year after the day on which they cease to be a member. Failure to exercise option (2) If a contributor fails to exercise an option within the period set out in subsection (1), they are deemed to have exercised it in favour of a deferred annuity. Becoming a contributor under other Acts (3) If a contributor becomes a contributor under the Public Service Superannuation Act or the Royal Canadian Mounted Police Superannuation Act without having exercised, or been deemed to have exercised, an option referred to in subsection (1), they are deemed to have exercised it immediately before becoming a contributor under whichever of those Acts is applicable in favour of a deferred annuity. R.S., 1985, c. C-17, s. 23; 2003, c. 26, s. 14
Canadian Forces Superannuation Act — C-17 25.1
Optional survivor benefit 25.1 (1) If the person to whom a contributor is married or with whom the contributor is cohabiting in a relationship of a conjugal nature, having so cohabited for a period of at least one year, would not be entitled to an immediate annual allowance under any other provision of this Act in the event of the contributor’s death, the contributor may opt, in accordance with the regulations, to reduce the amount of the annuity or annual allowance to which the contributor is entitled in order that the person could become entitled to an immediate annual allowance under subsection (2). Payment (2) A person referred to in subsection (1) is entitled to an immediate annual allowance in an amount determined in accordance with the option and the regulations if the contributor dies and the option is not revoked or deemed to have been revoked in accordance with the regulations, and the person was married to the contributor at the time of the contributor’s death, or was cohabiting with the contributor in a relationship of a conjugal nature for a period of at least one year immediately before the contributor’s death. No entitlement (3) A person who is entitled to receive an annual allowance under section 29 after the contributor’s death is not entitled to an immediate annual allowance under subsection (2) in respect of that contributor. 1992, c. 46, s. 42; 1999, c. 34, s. 134; 2003, c. 26, s. 15
Canadian Forces Superannuation Act — C-17 26
Lump sum payments 26 If in this Part it is provided that the survivor and children of a contributor are entitled jointly to a death benefit under subsection 25(6), the total amount of that benefit shall be paid to the survivor of the contributor, except that (a) if at the time of the death of the contributor all of the children were eighteen years of age or over and at the time the payment is to be made the survivor is dead or cannot be found, the total amount shall be paid to the children in equal shares; (b) if at the time of the death of the contributor any of the children were less than eighteen years of age, and the contributor died without leaving a survivor or at the time the payment is to be made the survivor is dead or cannot be found, the total amount shall be paid to the children in the shares that the Minister considers equitable and proper under the circumstances, or to any of them, as the Minister may direct; (c) if any of the children who were less than eighteen years of age at the time of the death of the contributor are living apart from the survivor of the contributor at the time the payment is to be made, the total amount shall be paid to the survivor and the children so living apart in the shares that the Minister considers equitable and proper under the circumstances, or to the survivor or any of the children so living apart, as the Minister may direct; and (d) if the contributor died without leaving any children and at the time the payment is to be made the survivor of the contributor is dead or cannot be found, or if the contributor died without leaving a survivor and at the time the payment is to be made all of the children are dead or cannot be found, the total amount shall be paid (i) if the contributor named his or her estate or succession as beneficiary or named another beneficiary under Part II and the beneficiary survives the contributor, to the beneficiary, (ii) if the contributor is not survived by a beneficiary so named and the death of the contributor occurred while he or she was a member of the regular force, to the service estate of the contributor, and (iii) in any other case, to the estate or succession of the contributor or, if less than one thousand dollars, as the Minister may direct. R.S., 1985, c. C-17, s. 26; 1999, c. 34, s. 135; 2003, c. 26, s. 17
Canadian Forces Superannuation Act — C-17 26.1
Apportionment when two survivors 26.1 (1) If there are two survivors of a contributor, the share of the total amount referred to in section 26 to be paid to the survivor referred to in paragraph (a) of the definition survivor in subsection 2(1) and the share to be paid to the survivor referred to in paragraph (b) of that definition shall be paid as the Minister may direct. Share may be nil (2) Nothing in subsection (1) is to be read as limiting the Minister’s power to direct that the share of one or other of the survivors under that subsection is nil. 1999, c. 34, s. 135
Canadian Forces Superannuation Act — C-17 31
Marriage after sixty years of age 31 (1) Subject to section 25.1 but notwithstanding any other provision of this Act, the survivor of a contributor is not entitled to an annual allowance in respect of the contributor under this Part if at the time the contributor married the survivor or began to cohabit with the survivor in a relationship of a conjugal nature, the contributor had attained the age of sixty years unless, after that time, the contributor became or continued to be a contributor. Child born after parent sixty years of age (2) Notwithstanding anything in this Act, except as provided in the regulations a child who was born to or adopted by a person or who became the stepchild of a person at a time when that person was over sixty years of age is not entitled to any annual allowance under this Act, unless, after that time, that person became or continued to be a contributor. R.S., 1985, c. C-17, s. 31; 1992, c. 46, s. 44; 1999, c. 34, s. 137
Canadian Forces Superannuation Act — C-17 32
Death within one year after marriage 32 Notwithstanding anything in this Act, when a contributor dies within one year after marriage, no annual allowance is payable to the survivor of the contributor or the children of that marriage unless it is established to the satisfaction of the Minister that the contributor was at the time of the marriage in such a condition of health as to justify the contributor in having an expectation of surviving for at least one year after the marriage. R.S., 1985, c. C-17, s. 32; 1999, c. 34, s. 138
Canadian Forces Superannuation Act — C-17 34
Transitional 34 Notwithstanding anything in this Act, no person is entitled to an allowance under this Part by virtue of being the survivor of a female contributor if the contributor was not a member of the regular force on or after December 20, 1975, and section 3 does not apply in respect of this section. R.S., 1985, c. C-17, s. 34; 1999, c. 34, s. 139
Canadian Forces Superannuation Act — C-17 35
Saving provision 35 Nothing in sections 31 to 34 shall be held to prejudice any right that a child of an earlier marriage of the contributor has to an allowance under section 25. R.S., c. C-9, s. 14
Canadian Forces Superannuation Act — C-17 38
Minimum benefits 38 Where, on the death of a contributor who was not a member of the regular force on or after December 20, 1975, there is no person to whom an allowance provided in this Act may be paid, or where the persons to whom such allowance may be paid die or cease to be entitled thereto and no other amount may be paid to them under this Part, any amount by which the amount of a return of contributions exceeds the aggregate of all amounts paid to those persons and to the contributor under this Part and Part V of the former Act shall be paid, as a death benefit, (a) in the case of a contributor whose death occurred while he was a member of the regular force, to the service estate of the contributor; and (b) in any other case, to the estate of the contributor or, if less than one thousand dollars, as the Minister may direct. R.S., c. C-9, s. 17; 1974-75-76, c. 81, s. 42
Canadian Forces Superannuation Act — C-17 39
Minimum benefits 39 Where, on the death of a contributor who was a member of the regular force on or after December 20, 1975, there is no person to whom an allowance provided in this Part may be paid, or where the persons to whom an allowance may be paid die or cease to be entitled thereto and no other amount may be paid to them under this Part, an amount equal to the amount by which (a) the greater of (i) the amount of a return of contributions, and (ii) an amount equal to five times the annuity to which the contributor was or would have been at the time of his death entitled determined in accordance with subsection 15(1), exceeds (b) the aggregate of all amounts paid to those persons and to the contributor under this Part and Part V of the former Act shall be paid, as a death benefit, (c) if the contributor named his estate as his beneficiary or named another beneficiary under Part II and the beneficiary survives the contributor, to the beneficiary, (d) if the contributor is not survived by a beneficiary so named and the death of the contributor occurred while he was a member of the regular force, to the service estate of the contributor, and (e) in any other case, to the estate of the contributor or, if less than one thousand dollars, as the Minister may direct. R.S., c. C-9, s. 17; 1974-75-76, c. 81, s. 42
Canadian Forces Superannuation Act — C-17 40
Minimum benefits 40 (1) If, on the death of a contributor who, on ceasing to be a member of the Canadian Forces, was entitled to an immediate annuity or an annual allowance from which a deduction had been made pursuant to subsection 15(2), there is no person to whom an allowance provided in this Part may be paid, or where the persons to whom such allowance may be paid die or cease to be entitled to it and no other amount may be paid to them under this Part, any amount by which the calculated amount, within the meaning of subsection (2), exceeds the aggregate of all amounts paid to those persons and to the contributor under this Part or Part V of the former Act shall be paid (a) as provided in section 38 for amounts payable under that section, if the contributor was not a member of the regular force on or after December 20, 1975; or (b) as provided in section 39 for amounts payable under that section, if the contributor was a member of the regular force on or after December 20, 1975. Definition of calculated amount (2) For the purposes of subsection (1), calculated amount means an amount equal to one month’s pay for each year of pensionable service to the credit of the contributor, computed on the basis of the rate of pay authorized to be paid to them at the time they cease to be a member of the regular force, minus an amount equal to the amount by which (a) the total amount the contributor would have been required to contribute to the Superannuation Account or the Canadian Forces Pension Fund up to the time they cease to be a member of the regular force, other than interest or charges for payments by instalments, in respect of service after 1965, if they had contributed on the basis of the rate set out in subsection 5(1) as it read on December 31, 1965, exceeds (b) the total amount the contributor was required to contribute to the Superannuation Account or the Canadian Forces Pension Fund up to the time they cease to be a member of the regular force, other than interest or charges for payments by instalments, in respect of service after 1965. R.S., 1985, c. C-17, s. 40; 2003, c. 26, s. 20
Canadian Forces Superannuation Act — C-17 41
Persons re-enrolled or transferred 41 (1) If a person who has become entitled to an annuity or an annual allowance under this Act or a pension under Part V of the former Act by virtue of having served in the regular force is re-enrolled in or transferred to the regular force and becomes a contributor under this Part, whatever right or claim that they may have had to that annuity, annual allowance or pension (in this section referred to as the “original annuity”) then ceases and the period of service on which the original annuity was based may be counted by them as pensionable service for the purposes of this Part. Benefits prescribed by regulations (2) If, on subsequently ceasing to be a member of the regular force, a contributor referred to in subsection (1) is entitled to an annuity or annual allowance under this Part the capitalized value of which is less than the capitalized value of the original annuity, the contributor shall be entitled to benefits prescribed in regulations made under subsection (3) in place of any other benefit under this Part and Part III to which they would otherwise be entitled, but in no case shall the capitalized value of the benefits be less than the capitalized value of the original annuity. Regulations (3) For the purposes of subsection (2), the Governor in Council may make regulations prescribing benefits to which a contributor is entitled and respecting the manner of determining capitalized values, including the manner of taking into account any benefit under Part III. R.S., 1985, c. C-17, s. 41; 1992, c. 46, s. 46; 1999, c. 34, s. 142 2003, c. 26, s. 21 2012, c. 31, s. 470
Canadian Forces Superannuation Act — C-17 49
Service Pension Board 49 (1) The Minister shall appoint a board, to be known as the Service Pension Board, consisting of a chairman and two other members, one to represent the Canadian Forces and one to represent the Minister. Duty of Board (2) It is the duty of the Service Pension Board to determine, in the case of any contributor who is retired from the regular force, the reason for the retirement, and the Board shall, on the making of the determination, certify in writing the reason for that retirement as determined by the Board. Certification of reason for retirement (3) No payment shall be made of any annuity or other benefit under this Act to a contributor who is retired from the regular force except on certification in writing by the Service Pension Board of the reason for the retirement as determined by the Board, and on the certification thereof the contributor shall be presumed, in the absence of evidence to the contrary, to have been retired from the regular force for that reason. Application of subsections (2) and (3) (4) Subsections (2) and (3) do not apply to any case or class of cases specified by the Treasury Board. Limitation on application (5) This section does not apply in the case of a contributor who ceases to be a member of the regular force after the coming into force of this subsection. R.S., 1985, c. C-17, s. 49; 2003, c. 26, s. 22
Canadian Forces Superannuation Act — C-17 49.1
Advisory committee 49.1 (1) The Minister shall establish a committee, to be known as the Canadian Forces Pension Advisory Committee, the members of which are appointed by the Minister in accordance with subsection (2), to advise and assist the Minister on matters arising in connection with the operation of this Act in accordance with subsection (1.1). Mandate (1.1) The mandate of the committee is to (a) review matters respecting the administration, design and funding of the benefits provided under this Act and make recommendations to the Minister about those matters; and (b) review any other pension-related matters that the Minister may refer to it. Membership (2) The membership of the Committee shall consist of (a) one member appointed from among contributors in receipt of annuities under this Act who are nominated for appointment by an association that, in the opinion of the Minister, represents such contributors; (b) three members appointed from among persons required to contribute to the Canadian Forces Pension Fund who are nominated for appointment by the Chief of the Defence Staff to represent persons serving in the Canadian Forces; (c) one member appointed from among persons who are enrolled in the reserve force who is nominated for appointment by the Chief of the Defence Staff to represent members of the reserve force; and (d) five other members appointed by the Minister, four of whom must be from among persons required to contribute to the Canadian Forces Pension Fund and one of whom may be a person required to contribute to any other superannuation or pension account in the accounts of Canada or the Public Service Pension Fund within the meaning of the Public Service Superannuation Act or the Royal Canadian Mounted Police Pension Fund within the meaning of the Royal Canadian Mounted Police Superannuation Act . Term (3) A member of the Committee shall be appointed to hold office for a term not exceeding three years and is eligible for reappointment for one or more additional terms. Recommendation of candidates (3.1) The advisory committee shall recommend to the Minister candidates for appointment to the nominating committee established under section 10 of the Public Sector Pension Investment Board Act . Chairperson (4) The Minister shall designate one of the members to be the chairperson of the Committee. 1992, c. 46, s. 47; 1999, c. 34, s. 145; 2012, c. 31, s. 471