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| Lump sum
payments
|
25. (1) Where, in this Part, it is provided that
the survivor and children of a contributor are
entitled jointly to a return of contributions, the
total amount of the return shall be paid to the
survivor except that
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(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;
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(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;
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(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 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
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(d) if the contributor died without leaving
any children and at the time the payment is
to be made the survivor 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
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(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, and
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(ii) in any other case, to the estate or
succession of the contributor or, if less
than one thousand dollars, as the Minister
may direct.
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| Apportionme
nt when two
survivors
|
(2) If there are two survivors of a
contributor, the share of the total amount to be
paid to the survivor referred to in paragraph
(a) of the definition ``survivor'' in subsection
3(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.
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| Share may be
nil
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(2.1) Nothing in subsection (2) 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.
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| Allowances
paid to
children
|
(3) When a child of a contributor is entitled
to an annual allowance or other amount under
this Part, payment of it shall, if the child is less
than eighteen years of age, be made to the
person having custody and control of the
child, or, if there is no person having custody
and control of the child, to the person whom
the Minister may direct.
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| Person
considered to
be the
survivor
|
(4) For the purposes of this Part, when a
person establishes that he or she was
cohabiting in a relationship of a conjugal
nature with the contributor for at least one year
immediately before the death of the
contributor, the person is considered to be the
survivor of the contributor.
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| Person
considered to
be married
|
(4.1) For the purposes of this Part, when a
contributor dies and, at the time of death, the
contributor was married to a person with
whom the contributor had been cohabiting in
a relationship of a conjugal nature for a period
immediately before the marriage, that person
is considered to have become married to the
contributor on the day established as being the
day on which the cohabitation began.
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| When
survivor not
to receive
annual
allowance -
waiver
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(5) A survivor is not entitled to receive an
annual allowance if the survivor makes an
irrevocable waiver under subsection (6).
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| Permitted
waivers
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(6) A survivor may make an irrevocable
waiver in writing only if it results in
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(a) an increase in the allowance payable to
a child under paragraph 12(4)(b); or
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(b) a benefit being paid under section 27.
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| Time for
waiver
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(7) A waiver must be made no later than
three months after the survivor is notified of
his or her entitlement to an allowance under
this Act and takes effect as of the date of the
death of the contributor.
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| When
survivor not
to receive
benefits -
criminal
responsibility
for death
|
(8) A survivor is not entitled to receive any
benefit under this Act with respect to the
contributor when the contributor dies and the
survivor is found criminally responsible for
the death.
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| When
survivor not
to receive
annual
allowance -
missing
survivor
|
(9) A survivor is not entitled to receive an
annual allowance when the contributor dies if
it is established to the satisfaction of the
Minister that the survivor cannot be found.
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| Apportionme
nt of
allowance
when two
survivors
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(10) When an annual allowance is payable
under paragraph 12(4)(a) or subsection 13(2)
and there are two survivors of the contributor,
the total amount of the annual allowance shall
be apportioned so that
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(a) the survivor referred to in paragraph (a)
of the definition ``survivor'' in subsection
3(1) is entitled to receive the proportion of
the annual allowance that the total of the
number of years that he or she cohabited
with the contributor while married to the
contributor and the number of years that he
or she cohabited with the contributor in a
relationship of a conjugal nature bears to
the total number of years that the
contributor so cohabited with the survivors;
and
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(b) the survivor referred to in paragraph (b)
of that definition is entitled to receive the
proportion of the annual allowance that the
number of years that he or she cohabited
with the contributor in a relationship of a
conjugal nature bears to the total number of
years that the contributor cohabited with the
survivors, either while married or while in
a relationship of a conjugal nature.
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| Years
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(11) In determining a number of years for
the purposes of subsection (10), part of a year
shall be counted as a full year if the part is six
or more months and shall be ignored if it is
less.
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| Death, etc. of
one of the
survivors
|
(12) When one of the survivors referred to
in subsection (10) dies or is not entitled to
receive a benefit under this Act when the
contributor dies, the portion of the annual
allowance that would have been payable to the
survivor who died or is not entitled shall be
paid to the remaining survivor in addition to
his or her own portion.
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| 1992, c. 46,
s. 14
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76. (1) Subsection 26(1) of the Act is
replaced by the following:
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| Marriage, etc.
after
retirement
|
26. (1) Subject to section 13.1 but
notwithstanding any other provision of this
Part, the survivor of a contributor is not
entitled to an annual allowance in respect of
the contributor under this Part if that
contributor married the survivor or began to
cohabit with the survivor in a relationship of
a conjugal nature after having become entitled
under this Part to an annuity or annual
allowance, unless, after the marriage, or after
the beginning of the period of cohabitation,
the contributor became or continued to be a
contributor under this Part.
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(2) Subsection 26(3) of the Act is replaced
by the following:
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| Death within
one year after
marriage
|
(3) Notwithstanding anything in this Part,
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.
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(3) Subsection 26(6) of the Act is replaced
by the following:
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| Transitional
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(6) 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 unless the contributor, on or after
December 20, 1975 but before January 1,
2000, was
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(a) employed in the Public Service; and
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(b) required by subsection 5(1) to contribute
to the Superannuation Account.
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Section 2 does not apply in respect of this
subsection.
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| Transitional
|
(7) 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 unless the contributor, on or after
January 1, 2000, was
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(a) employed in the Public Service; and
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(b) required by subsections 5(1.1) or (1.2) to
contribute to the Superannuation Account
or the Public Service Pension Fund.
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Section 2 does not apply in respect of this
subsection.
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| 1989, c. 6,
s. 5
|
77. Section 26.1 of the Act is repealed.
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78. (1) Subsection 27(1) of the Act is
replaced by the following:
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| Minimum
benefits
|
27. (1) If, on the death of a contributor who
was not required to contribute to the
Superannuation Account under subsection
5(1) in the period that began on or after
December 20, 1975 and that ends on
December 31, 1999 - or who was not
required to contribute to the Superannuation
Account or the Public Service Pension Fund
under subsection 5(1.1) or (1.2) on or after
January 1, 2000 - there is no person to whom
an allowance provided in this Part may be
paid, or if the persons to which that allowance
may be paid die or cease to be entitled to that
allowance 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 the Superannuation Act shall be paid, as
a death benefit, to the contributor's estate or
succession or, if less than one thousand
dollars, as the Minister may direct.
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(2) The portion of subsection 27(2) of the
Act before paragraph (a) is replaced by the
following:
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| Minimum
benefits
|
(2) If, on the death of a contributor who was
required to contribute to the Superannuation
Account under subsection 5(1) in the period
that began on or after December 20, 1975 and
that ends on December 31, 1999 - or who
was required to contribute to the
Superannuation Account or the Public Service
Pension Fund under subsection 5(1.1) or (1.2)
on or after January 1, 2000 - there is no
person to whom an allowance provided in this
Part may be paid, or if the persons to whom
that allowance may be paid die or cease to be
entitled to that allowance and no other amount
may be paid to them under this Part, an amount
equal to the amount by which
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79. Paragraphs 29(a) and (b) of the Act
are replaced by the following:
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(a) if that person is re-employed in the
Public Service and becomes a contributor
under this Part, whatever right or claim that
he or she may have to the annuity, annual
allowance or adjusted annual allowance
shall be terminated without delay, but the
period of service on which the benefit was
based, except any period specified in clause
6(1)(a)(iii)(C) or (E), may be counted by
that person as pensionable service for the
purposes of subsection 6(1), except that if
that person, on ceasing to be so
re-employed, exercises his or her option
under this Part in favour of a return of
contributions, or is not entitled under this
Part to any benefit other than a return of
contributions, the amount so returned shall
not include any amount paid into the
Superannuation Account or the Public
Service Pension Fund to his or her credit at
any time before the time when he or she
became re-employed, but whatever right or
claim that, but for this paragraph, he or she
would have had to the annuity, annual
allowance or adjusted annual allowance on
ceasing to be so re-employed shall then be
restored to him or her; and
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(b) if that person is re-employed in the
Public Service and becomes a contributor
under this Part, and the period of service on
which his or her annuity, annual allowance
or adjusted annual allowance was based
included any period specified in clause
6(1)(a)(iii)(C) or (E), he or she may, within
one year from the time when he or she
became a contributor under this Part, elect
to retain that annuity, annual allowance or
adjusted annual allowance, in which case,
from and after the date of that election, he
or she shall be deemed, for the purposes of
this section, not to have become a
contributor under this Part in respect of his
or her service since becoming so
re-employed, but if, on ceasing to be so
re-employed, he or she exercises an option
under this Part in favour of a return of
contributions or is not entitled to any
benefit under this Part in respect of his or
her service since becoming re-employed
except a return of contributions, the amount
so returned shall not include any amount
paid into the Superannuation Account or
the Public Service Pension Fund to his or
her credit at any time before the time when
he or she became so re-employed.
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80. Section 30 of the Act is replaced by the
following:
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| Failure to
apply for
re-employme
nt
|
30. Where, in any Act of Parliament, it is
provided that a contributor who leaves the
Public Service for employment outside of it
continues to be a contributor under this Part
during that employment and is eligible, in the
event of being retired from that employment,
to be re-employed in the Public Service, if the
contributor, having been retired from that
employment but not having reached sixty
years of age and not being disabled, fails to
apply for re-employment in the Public Service
or refuses to accept a position in the Public
Service that, in the opinion of the Minister, is
commensurate with his or her qualifications,
he or she is deemed to have ceased to be
employed in the Public Service, not having
reached sixty years of age, for a reason other
than disability.
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81. Subsection 31(2) of the Act is replaced
by the following:
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| Failure to pass
medical
examination
|
(2) Notwithstanding anything in this Part,
when a contributor to whom subsection (1)
applies has been medically examined, as
prescribed in the regulations, and has failed to
pass the examination, neither the contributor
nor the contributor's survivor or children
shall, in respect of any service of the
contributor to which the election referred to in
subsection (1) relates, become entitled to any
benefit under this Part other than a return of
contributions unless the contributor continues
to be employed in the Public Service for a
further period of not less than five years from
the time of the examination or is again
medically examined, as prescribed in the
regulations, and passes the examination.
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82. Section 32 of the Act is amended by
adding the following after subsection (3):
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| Garnishment,
Attachment
and Pension
Diversion Act
|
(4) For the purposes of Part II of the
Garnishment, Attachment and Pension
Diversion Act, all survivors within the
meaning of this Act are deemed to be included
in the definition ``recipient'' in subsection
32(1) of that Act.
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83. Section 34 of the Act and the heading
``Former Provincial Government
Employees'' before it are repealed.
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84. Subsection 37(2) of the Act is replaced
by the following:
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| Contributions
in respect of
employees of
corporation
|
(2) If a person is or has been an employee of
a Public Service corporation and a contributor
under this Part, or an employee of any other
corporation and a contributor under this Part
by reason of a provision in any Act of
Parliament that he or she continues to be a
contributor during his or her employment with
that corporation, the Public Service
corporation or other corporation shall, as
required by the Minister, pay into the
Superannuation Account or the Public Service
Pension Fund, at the time and in the manner
determined by the Minister in respect of the
contributions of that person to the
Superannuation Account or the Public Service
Pension Fund in the course of his or her
employment with the corporation, and in
respect of his or her non-elective or elective
service within the meaning of subsection 6(1),
the amount that is determined by the Minister
in accordance with the regulations.
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| Contributions
- current
service
|
(3) If, on the day on which this subsection
comes into force, a corporation has not made
a contribution under this section with respect
to an employee referred to in subsection (2) in
respect of his or her current service or with
respect to an election made by the person
before that day, the contribution, in the
amount that the Minister determines, shall be
made to the Superannuation Account at the
time and in the manner determined by the
Minister.
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| Interest
|
(4) If an amount referred to in subsection (2)
or (3) is not paid within the time determined
by the Minister, the Minister may require that
the corporation pay into the Superannuation
Account or the Public Service Pension Fund
interest on that amount at the time and in the
manner that the Minister may determine.
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| Information to
be provided
|
(5) The corporation shall provide the
information relating to the employment,
pensionable service, salary and contributions
to the Superannuation Account or the Public
Service Pension Fund, including reports and
assessments respecting the accurate
application of this Act, and any other relevant
information, that the Minister may require
with respect to employees or former
employees referred to in subsection (2), at the
times and in the manner that the Minister may
direct.
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85. Subsections 38(1) and (2) of the Act
are replaced by the following:
|
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| Service with
corporation
included in
Part IV of
Schedule I
|
38. (1) Service of a person with a
corporation included in Part IV of Schedule I
is service in the Public Service only if that
person is not precluded by that Part from
contributing to the Superannuation Account
or the Public Service Pension Fund in respect
of that service or from electing to pay for that
service otherwise than as service in
pensionable employment immediately before
becoming employed in the Public Service.
|
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| Contributions
to
Superannuatio
n Account and
Public Service
Pension Fund
|
(2) No person shall, while he or she is
employed by a corporation included in Part IV
of Schedule I, contribute to the
Superannuation Account or the Public Service
Pension Fund under section 5 unless he or she
is a person who by reason of a provision in any
other Act of Parliament continues to be a
contributor while employed with that
corporation.
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86. (1) Paragraphs 39(2)(b) and (c) of the
Act are replaced by the following:
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(b) in the case of service for which, by the
Canadian Forces Superannuation Act or
the Royal Canadian Mounted Police
Superannuation Act, as the case may be, he
or she was not required to pay, an amount
equal to the amount that he or she would
have been required to pay had he or she,
during the period of that service, been
required to contribute
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(i) if that period or any portion of it was
before 1966, in the manner and at the
rates set out in subsection 5(1) as it read
on December 31, 1965, in respect of that
service or that portion,
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(ii) if that period or any portion of it was
after 1965 but before January 1, 2000, in
the manner and at the rates set out in
subsection 5(1) as it reads on December
31, 1999 in respect of that service or that
portion,
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(iii) if that period or any portion of it was
after 1999 but before January 1, 2004, in
the manner and at the rates set out in
subsection 5(1.1), in respect of that
service or that portion, and
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(iv) if that period or any portion of it was
after December 31, 2003, in the manner
and at the rates determined under
subsection 5(1.2), in respect of that
service or that portion,
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in respect of a salary at a rate equal to the
rate authorized to be paid to him or her on
the most recent occasion on which he or she
became a contributor under this Part,
together with interest, as defined in
subsection 7(2); and
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(c) notwithstanding paragraph (a), in the
case of service for which, by the Canadian
Forces Superannuation Act or the Royal
Canadian Mounted Police Superannuation
Act, as the case may be, he or she was
required to pay, and in respect of which he
or she has received an amount by way of a
return of contributions or a cash termination
allowance, an amount equal to the amount
that he or she would have been required to
pay had he or she, during the period of that
service, been required to contribute
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(i) if that period or any portion of it was
before 1966, in the manner and at the
rates set out in subsection 5(1) as it read
on December 31, 1965, in respect of that
service or that portion,
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(ii) if that period or any portion of it was
after 1965 but before January 1, 2000, in
the manner and at the rates set out in
subsection 5(1) as it reads on December
31, 1999 in respect of that service or that
portion,
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(iii) if that period or any portion of it was
after 1999 but before January 1, 2004, in
the manner and at the rates set out in
subsection 5(1.1), in respect of that
service or that portion, and
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(iv) if that period or any portion of it was
after December 31, 2003, in the manner
and at the rates determined under
subsection 5(1.2), in respect of that
service or that portion,
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