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Bill C-319

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First Session, Forty-second Parliament,

64-65 Elizabeth II, 2015-2016

HOUSE OF COMMONS OF CANADA

BILL C-319
An Act to amend the Canadian Forces Superannuat­ion Act, the Judges Act, the Public Service Superannuation Act and the Royal Canadian Mounted Police Superannuation Act (survivor pension benefits)

FIRST READING, November 2, 2016

Ms. Mathyssen

421283


SUMMARY

This enactment amends the Canadian Forces Superannuation Act, the Judges Act, the Public Service Superannuation Act and the Royal Canadian Mounted Police Superannuation Act to allow the survivor of an eligible person to receive pension benefits after the death of the person even if the person and the survivor married or began cohabiting in a conjugal relationship after the person attained the age of 60 years or retired.

Available on the House of Commons website at the following address:
www.ourcommons.ca


1st Session, 42nd Parliament,

64-65 Elizabeth II, 2015-2016

HOUSE OF COMMONS OF CANADA

BILL C-319

An Act to amend the Canadian Forces Superannuat­ion Act, the Judges Act, the Public Service Superannuation Act and the Royal Canadian Mounted Police Superannuation Act (survivor pension benefits)

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

R.‍S.‍, c. 17

Canadian Forces Superannuation Act

1Paragraph 25(1)‍(b) of the Canadian Forces Superannuation Act is replaced by the following:

  • (b)in the case of each child, an immediate annual allowance equal to one-fifth of the basic allowance or, if the contributor died without leaving a survivor, the survivor is dead or the survivor is not entitled to receive an allowance under this Part, two-fifths of the basic allowance.

2Subsection 25(2) of the Act is replaced by the following:

Total child allowance

(2)The total amount of the allowances paid under paragraph (1)‍(b) shall not exceed four-fifths of the basic allowance or, if the contributor died without leaving a survivor, the survivor is dead or the survivor is not entitled to receive an allowance under this Part, eight-fifths of the basic allowance.

3Section 25.‍1 of the Act is repealed.

4Subsection 31(1) of the Act is repealed.

5Paragraph 50(1)‍(r) of the Act is repealed.

R.‍S.‍, c. J-1

Judges Act

6Subsection 44(4) of the Judges Act is repealed.

7Section 44.‍2 of the Act is repealed.

8Subsection 52(1) of the Act is replaced by the following:

Diversion of payments to satisfy financial support order

52(1) Insertion start If Insertion end any court in Canada of competent jurisdiction has made an order requiring a recipient of an annuity or other amount payable under section 42, 43, 44 or 44.‍1, or under subsection 51(1) to pay financial support, amounts so payable to the recipient are subject to being diverted to the person named in the order in accordance with Part II of the Garnishment, Attachment and Pension Diversion Act.

R.‍S.‍, c. P-36

Public Service Superannuation Act

9The portion of subsection 12(4) of the Public Service Superannuation Act after paragraph (a) is replaced by the following:

  • (b)in the case of each child, an immediate annual allowance equal to one-fifth of the basic allowance or, if the contributor died without leaving a survivor, the survivor is dead or the survivor is not entitled to receive an allowance under this Part, two-fifths of the basic allowance,

but the total amount of the allowances paid under paragraph (b) shall not exceed four-fifths of the basic allowance or, if the contributor died without leaving a survivor, the survivor is dead or the survivor is not entitled to receive an allowance under this Part, eight-fifths of the basic allowance.

10The portion of subsection 12.‍1(5) of the Act after paragraph (a) is replaced by the following:

  • (b)in the case of each child, an immediate annual allowance equal to Insertion start one-fifth Insertion end of the basic allowance or, if the contributor died without leaving a survivor, the survivor is dead or the survivor is not entitled to receive an allowance under this Part, Insertion start two-fifths Insertion end of the basic allowance.

However, the total amount of the allowances paid under paragraph (b) shall not exceed Insertion start four-fifths Insertion end of the basic allowance or, if the contributor died without leaving a survivor, the survivor is dead or the survivor is not entitled to receive an allowance under this Part, Insertion start eight-fifths Insertion end of the basic allowance.

11Section 13.‍1 of the Act is repealed.

12Subsection 26(1) of the Act is repealed.

13Paragraph 42.‍1(1)‍(j) of the Act is repealed.

R.‍S.‍, c. R-11

Royal Canadian Mounted Police Superannuation Act

14The portion of subsection 13(1) of the Royal Canadian Mounted Police Superannuation Act after paragraph (a) is replaced by the following:

  • (b)in the case of each child, an immediate annual allowance equal to one-fifth of the basic allowance or, if the contributor died without leaving a survivor, the survivor is dead or the survivor is not entitled to receive an allowance under this Part, two-fifths of the basic allowance,

but the total amount of the allowances paid under paragraph (b) shall not exceed four-fifths of the basic allowance or, if the contributor died without leaving a survivor, the survivor is dead or the survivor is not entitled to receive an allowance under this Part, eight-fifths of the basic allowance.

15Section 14.‍1 of the Act is repealed.

16Subsection 19(1) of the Act is repealed.

17Paragraph 26.‍1(1)‍(e) of the Act is repealed.

Transitional Provisions

Canadian Forces Superannuation Act

18A contributor who opted to reduce the amount of their annuity or annual allowance under subsection 25.‍1(1) of the Canadian Forces Superannuation Act, as it read immediately before the day on which this section comes into force, is deemed to have revoked the option on that day.

Judges Act

19A judge who elected to reduce their annuity under subsection 44.‍2(1) of the Judges Act, as it read immediately before the day on which this section comes into force, is deemed to have revoked the election on that day.

Public Service Superannuation Act

20A contributor who elected to reduce the amount of their annuity or annual allowance under subsection 13.‍1(1) of the Public Service Superannuation Act, as it read immediately before the day on which this section comes into force, is deemed to have revoked the election on that day.

Royal Canadian Mounted Police Superannuation Act

21A contributor who elected to reduce the amount of their annuity or annual allowance under subsection 14.‍1(1) of the Royal Canadian Mounted Police Superannuation Act, as it read immediately before the day on which this section comes into force, is deemed to have revoked the election on that day.

Published under authority of the Speaker of the House of Commons

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