Bill C-31
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Contributors with Less than Two Years of Pensionable Service |
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28. (1) The portion of subsection 12(1) of
the Act before paragraph (a) is replaced by
the following:
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| Contributors
with less than
two years of
pensionable
service
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12. (1) The following provisions are
applicable in respect of any contributor
described in subsection (2):
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(2) Subsections 12(2) and (3) of the Act
are replaced by the following:
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| Contributor
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(2) For the purposes of subsection (1), a
contributor described in this subsection is any
contributor who
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| Other
contributors
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(3) A contributor, other than a contributor
described in subsection (2), who has to the
contributor's credit less than two years of
pensionable service, is entitled, on ceasing to
be employed in the Public Service, to a return
of contributions.
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(3) Subsection 12(8) of the Act is replaced
by the following:
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| Lump sum
payment to
surviving
spouse and
children
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(8) Subject to subsection (7), on the death of
a contributor who, not having been a
contributor under Part I of the Superannuation
Act immediately before January 1, 1954, or,
having been a contributor thereunder at that
time but not having continued to be employed
in the Public Service substantially without
interruption thereafter, was employed in the
Public Service at the time of the contributor's
death, having to the contributor's credit less
than two years of pensionable service, the
surviving spouse and children of the
contributor, in any case where the contributor
died leaving a surviving spouse or a child less
than eighteen years of age, are entitled,
jointly, to a death benefit equal to a return of
contributions.
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(4) This section applies only to persons
who cease to be employed in the Public
Service, within the meaning of the Public
Service Superannuation Act, on or after the
coming into force of this section.
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29. The heading before section 13 of the
Act is replaced by the following:
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Contributors with Two or More Years of Pensionable Service |
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30. (1) The portion of subsection 13(1) of
the Act before paragraph (c) is replaced by
the following:
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| Contributors
with two or
more years of
pensionable
service
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13. (1) The following provisions are
applicable in respect of any contributor who
has to the contributor's credit two or more
years of pensionable service:
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(2) Subparagraph 13(1)(c)(ii) of the Act is
amended by adding the word ``or'' at the
end of clause (C), by striking out the word
``or'' at the end of clause (D) and by
repealing clause (E).
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(3) Subsections 13(3) to (5) of the Act are
replaced by the following:
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| Allowance to
surviving
spouse and
children
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(3) On the death of a contributor who was
employed in the Public Service at the time of
the contributor's death, having to the
contributor's credit two or more years of
pensionable service, the surviving spouse and
children of the contributor are entitled to the
annual allowances to which they would have
been entitled under subsection (2) had the
contributor, immediately prior to the
contributor's death, become entitled under
subsection (1) to an immediate annuity or a
deferred annuity or an annual allowance
payable immediately or on reaching fifty
years of age.
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| Voluntary
retirement of
contributor
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(4) Notwithstanding anything in this
section, a contributor who voluntarily retires
from the Public Service, not having been
employed therein substantially without
interruption for a period of two years
immediately before retirement from the
Public Service, is entitled only to a return of
contributions.
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| Exceptions
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(4.1) Subsection (4) does not apply to a
contributor described in paragraph 10(5)(c) or
subsection 10(7) or a contributor who has
made an election in respect of any period
specified in clause 6(1)(b)(iii)(M) or under
subsection 39(6) or under any regulations
made pursuant to subsection 42(8).
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| Calculation of
period of
service
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(5) For the purposes of subsection (4), in
calculating the period during which a
contributor has been employed in the Public
Service, there shall be included any period of
service of the contributor
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that is within a period of two years
immediately before the contributor's
retirement from the Public Service.
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(4) Section 13 of the Act is amended by
adding the following after subsection (6):
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| Transitional
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(7) Where a contributor who has to the
contributor's credit two or more years of
pensionable service, having been a
contributor on the day immediately before the
coming into force of this subsection and
having been a contributor continuously after
that day, other than a contributor in respect of
whom a payment is made into the
Superannuation Account pursuant to an
agreement entered into under section 40 or
40.2, ceases to be employed in the Public
Service during the period ending two years
after the coming into force of this subsection,
the contributor is entitled, at the option of the
contributor, to
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(5) This section applies only to persons
who cease to be employed in the Public
Service, within the meaning of the Public
Service Superannuation Act, on or after the
coming into force of this section.
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31. The Act is amended by adding the
following after section 13:
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| Transfer value
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13.01 (1) Notwithstanding any other
provision of this Act, except subsections 40(7)
and 40.2(6), but subject to the terms and
conditions set out in the regulations, a
contributor who has ceased to be employed in
the Public Service and is not entitled to an
immediate annuity and has to the
contributor's credit two or more years of
pensionable service is entitled, in the place of
any other benefit under this Act to which the
contributor would otherwise be entitled in
respect of that period of pensionable service,
to a transfer value that is payable to the
contributor in accordance with subsection (2).
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| Where
transferred
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(2) The payment of a transfer value to which
a contributor may be entitled pursuant to
subsection (1) is effected by transferring it to,
at the direction of the contributor,
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| Election to
pay by
instalments
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(3) Where 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 which that
contributor may become entitled under
subsection (1) shall be determined in
accordance with the regulations and by
reference to the portion of the period of
pensionable service that the contributor has
paid for at the time the transfer value becomes
payable.
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| Return of
contributions
where
previous
transfer value
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13.02 Where a contributor is entitled to a
return of contributions in respect of a period of
service described in clause 6(1)(b)(iii)(M) for
which the contributor has made an election,
the return of contributions in respect of that
service shall be paid in accordance with
subsection 13.01(2).
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| Return of
contributions
where
payment by
previous
employer
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13.03 (1) Where a contributor is entitled to
a return of contributions and the pensionable
service to the contributor's credit includes a
period in respect of which
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the return of contributions in respect of that
period shall be paid in accordance with
subsection 13.01(2).
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| Deemed
inclusion
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(2) For the purposes of this section,
paragraph (c) of the definition ``return of
contributions'' in subsection 10(1) is deemed
to include a reference to the total payment
made pursuant to an agreement entered into
under section 40 or 40.2.
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| 1992, c. 46,
s. 19(2)
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32. Subsections 40(6) and (7) of the Act
are replaced by the following:
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| Non- applicability of subsection 10(10)
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(6) Subsection 10(10) does not apply in
respect of a payment made pursuant to
subsection (3) or (4).
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| No benefit
payable in
respect of
transferred
contributions
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(7) Subject to any regulations made under
paragraph 42.1(1)(u), where, pursuant to
subsection (3) or paragraph (4)(a), the
Minister makes a payment to an approved
employer in respect of an employee, that
employee ceases to be entitled to any benefit
under this Part or Part III in respect of the
period of pensionable service to which that
payment relates.
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| 1992, c. 46,
s. 20
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33. Section 40.1 of the Act is replaced by
the following:
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| Divestiture of
service
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40.1 (1) Where Her Majesty in right of
Canada transfers or otherwise divests Herself
of the administration of a service to any person
or body, this Act and the regulations made
under this Act apply, in the manner and to the
extent provided in any regulations made under
paragraph 42.1(1)(u), to any contributor who,
as a result of that transfer or divestiture, ceases
to be employed in the Public Service and who,
on or after that transfer or divestiture,
becomes employed by the person or body to
whom the service is transferred or divested.
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| Transitional
coverage
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(2) Notwithstanding the definition ``Public
Service'' in subsection 3(1), the Treasury
Board may, subject to such terms and
conditions as may be prescribed by the
regulations made under paragraph
42.1(1)(v.5), including the requirement of the
person or body referred to in subsection (1) to
pay into the Superannuation Account the
amount determined in accordance with those
regulations,
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Transfer Agreements |
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| Definition of
``eligible
employer''
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40.2 (1) In this section, ``eligible
employer'' means an employer for the benefit
of whose employees there is a pension plan or
retirement savings plan of a class prescribed
by regulations made under paragraph
42.1(1)(v.6), and includes the administrator of
any such pension plan or retirement savings
plan.
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| Authority to
enter into
agreement
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(2) The Minister may, on terms approved by
the Treasury Board, enter into an agreement
with any eligible employer that
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| Authority to
transfer
contributions
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(3) Where a contributor ceases to be
employed in the Public Service and is or
becomes employed by any eligible employer
with whom the Minister has entered into an
agreement pursuant to subsection (2), the
Minister may, subject to such terms and
conditions as the agreement provides and if
the agreement so provides, pay to that
employer out of the Superannuation Account
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| Consent of
contributor
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(4) No payment shall be made pursuant to
subsection (3) except with the consent in
writing of the contributor.
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| Non- applicability of subsection 10(10)
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(5) Subsection 10(10) does not apply in
respect of a payment made pursuant to
subsection (3).
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| No benefit
payable in
respect of
transferred
contributions
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(6) Subject to any regulations made under
paragraph 42.1(1)(u), where, pursuant to
paragraph (3)(a), the Minister makes a
payment to an eligible employer in respect of
an employee, that employee ceases to be
entitled to any benefit under this Part or Part
III in respect of the period of pensionable
service to which that payment relates.
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| Payment of
difference to
employee
who was
vested
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(7) Subject to subsection (8), where the
amount paid by the Minister to an eligible
employer pursuant to subsection (3) in respect
of an employee is less than the transfer value
that would be calculated in respect of that
employee in accordance with section 13.01,
whether or not the employee would otherwise
be entitled to the transfer value, the Minister
shall pay an amount equal to the amount of the
difference to the employee in accordance with
subsection 13.01(2).
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| Payment of
difference to
employee
who was not
vested
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(8) Where the amount paid by the Minister
to an eligible employer pursuant to subsection
(3) in respect of an employee is less than the
return of contributions to which that employee
would otherwise be entitled under section 12
or 13, the Minister shall pay to the employee
an amount equal to the amount of the
difference.
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| Service
countable by
employee
entering
Public Service
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(9) Where an employee of any eligible
employer with whom the Minister has entered
into an agreement pursuant to subsection (2)
has ceased to be employed by that employer
and is or becomes employed in the Public
Service, any service of that employee that, at
the time of leaving that employment, the
employee was entitled to count for the purpose
of any plan referred to in subsection (1)
established for the benefit of employees of
that employer may, if the agreement so
provides, be counted by the employee as
pensionable service for the purposes of
subsection 6(1), to the extent and subject to the
terms and conditions provided in the
regulations, if the employer pays into the
Superannuation Account such amount as is
required under the agreement to be so paid by
that employer in respect of the employee.
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| Transitional
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40.3 (1) No agreement may be entered into
under subsection 40(2) on or after the day on
which this subsection comes into force.
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| Deemed
termination of
certain
agreements
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(2) Any agreement entered into under
subsection 40(2) before the day on which
subsection (1) comes into force, other than an
agreement prescribed by the regulations made
under subsection (3), that has not been
terminated within the three year period after
that day is deemed to be terminated on the
expiration of that period.
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| Regulations
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(3) The Governor in Council may make
regulations prescribing the agreements made
under subsection 40(2) that are to be excluded
from the application of subsection (2).
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| 1992, c. 46,
s. 21(8)
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34. Subsections 42(3) and (4) of the Act
are replaced by the following:
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| Additions to
Schedule I
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(3) The Governor in Council may, by order,
amend Schedule I by adding to Part I, III or IV
thereof any board, commission or corporation
or portion thereof that is or was an agent or
servant of Her Majesty in right of Canada.
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| Deletions
from
Schedule I
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(4) The Governor in Council may, by order,
amend Schedule I by deleting therefrom any
board, commission or corporation or portion
thereof.
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