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Bill C-37

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CONSEQUENTIAL AMENDMENTS

2000, c. 12

Modernization of Benefits and Obligations Act

37. Sections 66 and 68 of the Modernization of Benefits and Obligations Act are repealed.

1999 c. 34

Public Sector Pension Investment Board Act

38. Subsection 118(2) of the Public Sector Pension Investment Board Act (the ``Act'') is repealed.

39. Subsection 120(3) of the Act is repealed.

40. Sections 128 to 132 of the Act are repealed.

41. (1) Sections 59.1 and 59.2 of the Canadian Forces Superannuation Act, as enacted by section 154 of the Act, are replaced by the following:

Regulations

59.1 The Governor in Council may make regulations respecting the establishment, funding and administration of pension plans for members of the reserve force prescribed in those regulations to provide for the payment of benefits to or in respect of those members, including regulations respecting the crediting of service in the reserve force as pensionable service for the purposes of Part I and the transfer of amounts in respect of such service from the funds established under the regulations to the Canadian Forces Pension Fund and vice versa.

Contributions by members

59.2 A member of the reserve force who is subject to a plan established in accordance with this Part is required to contribute, by reservation from pay or otherwise, in accordance with the regulations.

(2) Section 59.8 of the Canadian Forces Superannuation Act, as enacted by section 154 of the Act, is repealed.

42. Section 160 of the Act is repealed.

43. Section 168 of the Act is repealed.

44. Clause 6(b)(ii)(O) of the Royal Canadian Mounted Police Superannuation Act, as enacted by subsection 172(4) of the Act, is replaced by the following:

        (O) subject to the regulations, any period of service in respect of which payment of a commuted value or a transfer value, as the case may be , to a contributor has been effected in accordance with section 12.1 of this Act, section 22 of the Canadian Forces Superannuation Act or section 13.01 of the Public Service Superannuation Act , if the contributor elects, in accordance with the regulations, to pay for that service, and

45. (1) Subparagraph 11(3)(b)(i) of the Royal Canadian Mounted Police Superannuation Act, as enacted by subsection 178(3) of the Act, is repealed.

(2) Paragraph 11(5)(b) of the Royal Canadian Mounted Police Superannuation Act, as enacted by subsection 178(5) of the Act, is replaced by the following:

    (b) if the contributor has served in the Force for a period equal to or greater than the period prescribed by the regulations for the purposes of paragraph (a) but less than the period prescribed by the regulations for the purposes of paragraph (c), the contributor is entitled to a deferred annuity;

(3) Paragraph 11(9)(b) of the Royal Canadian Mounted Police Superannuation Act, as enacted by subsection 178(7) of the Act, is amended by adding the word ``or'' at the end of subparagraph (iii), by striking out the word ``or'' at the end of subparagraph (iv) and by repealing subparagraph (v).

(4) Subsection 11(11) of the Royal Canadian Mounted Police Superannuation Act, as enacted by subsection 178(7) of the Act, is replaced by the following:

Return of contributions

(11) Despite anything in this section, except as provided for in subsection (2), (7), (8) or (10), a contributor who ceases to be a member of the Force after serving in the Force for a period less than the period prescribed by the regulations for the purposes of paragraph (7)(a) is entitled only to a return of contributions.

46. Section 12.1 of the Royal Canadian Mounted Police Superannuation Act, as enacted by section 179 of the Act, is replaced by the following:

Transfer value

12.1 (1) Despite any other provision of this Act, except subsection 24.1(6), but subject to the regulations, a contributor who has ceased to be a member of the Force, has served in the Force for a period equal to or greater than the period prescribed by the regulations and is not entitled to an immediate annuity is entitled, in the place of any other benefit under this Act to which the contributor would otherwise be entitled in respect of the pensionable service that the contributor has 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 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 prescribed in the regulations .

Election

(4) Once a transfer has been made under subsection (1), a person who is re-appointed or re-enlisted as a member of the Force after the transfer and becomes a contributor may only count as pensionable service the period of service to which the transfer relates if they elect , in accordance with the terms and conditions prescribed by the regulations, to pay the amount prescribed by the regulations at the time and in the manner prescribed by the regulations.

47. Subsection 24.1(7) of the Royal Canadian Mounted Police Superannuation Act, as enacted by section 191 of the Act, is replaced by the following:

Payment of difference

(7) Subject to subsection (8), if 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 12.1, 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 12.1(2) .

R.S., c. P-36

Public Service Superannuation Act

48. (1) Clause 6(1)(b)(iii)(I) of the Public Service Superannuation Act is replaced by the following:

        (I) any period of service in respect of which the contributor has received any amount by way of a return of contributions or other lump sum payment, other than a transfer value, under this Part or Part I of the Superannuation Act, if the contributor elects, within one year after subsequently becoming a contributor under this Part, to pay for that service,

1996, c. 18, s. 22(3)

(2) Clause 6(1)(b)(iii)(M) of the Act is replaced by the following:

        (M) subject to the regulations, any period of service in respect of which payment of a transfer value or a commuted value, as the case may be, to a contributor has been effected in accordance with section 13.01 of this Act, section 22 of the Canadian Forces Superannuation Act or section 12.1 of the Royal Canadian Mounted Police Superannuation Act , if the contributor elects, in accordance with the regulations, to pay for that service, and

1999, c. 34, s. 61(2)

49. Subsection 8(8) of the Act is replaced by the following:

Recovery of amounts due at time of death

(8) When an amount payable by a contributor into the Superannuation Account or the Public Service Pension Fund by reservation from salary or otherwise has become due, but remains unpaid at the time of death, that amount, with interest at four per cent per annum from the time when it became due, may be recovered, in accordance with the regulations, from any allowance payable under this Part to the survivor or children of the contributor, without prejudice to any other recourse available to Her Majesty with respect to the recovery of it, and any amount so recovered shall be credited to the Superannuation Account or paid into the Public Service Pension Fund and is deemed, for the purposes of the definition ``return of contributions'' in subsection 10(1), to have been paid into that Account or Fund by the contributor.

1999, c. 34, s. 64(5)

50. The portion of subsection 12(4) of the 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, other than an immediate annual allowance under section 13.1, 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, other than an immediate annual allowance under section 13.1, eight-fifths of the basic allowance.

1996, c. 18, s. 31

51. Subsection 13.01(1) of the Act is replaced by the following:

Transfer value

13.01 (1) Despite any other provision of this Act, except subsections 40(7) and 40.2(6), but subject to 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).

1996, c. 18, s. 35

52. Paragraph 42.1(1)(v.4) of the Act is replaced by the following:

    (v.4) respecting the manner of determining the amount of a transfer value within the meaning of section 10, the terms and conditions under which a contributor may become entitled to a transfer value and any other matters that the Governor in Council considers necessary for the purposes of carrying out section 13.01;

53. Subsection 51(4) of the Act is replaced by the following:

When regular force participant deemed participant

(4) Despite anything in this Part, a participant who becomes a regular force participant ceases to be a participant under this Part, but if on ceasing to be a regular force participant they are not entitled to an immediate annuity or an immediate annual allowance under the Canadian Forces Superannuation Act and are entitled to an immediate annuity or an immediate annual allowance under Part I, they are deemed to have elected under subsection (1) to continue to be a participant under this Part.

1992, c. 46, s. 30

54. The portion of subsection 69(6) of the Act before paragraph (a) is replaced by the following:

Minimum guaranteed amount

(6) Despite subsections (1), (2) and (5) but subject to section 70, the amount of the supplementary benefit that may be paid for a month in any year to a recipient shall not be less than an amount equal to the difference obtained by subtracting the amount of the pension that may be paid to the recipient for that month in that year from the aggregate of the supplementary benefit and the maximum pension that would have been payable to that recipient for that month in that year, otherwise than pursuant to this section, if the retirement month of the retirement year of the recipient had been that month in such year as is determined by

55. The Act is amended by adding the following after section 71:

Regulations

72. (1) The Governor in Council may make regulations respecting the manner in which and the extent to which any provisions of this Act or of any regulations made under this Act apply in respect of any service in the reserve force of the Canadian Forces of a contributor and adapting any of those provisions for the purposes of that application.

Retroactive application of regulations

(2) Regulations made under subsection (1) may, if they so provide, be retroactive and have effect with respect to any period before they are made.

R.S., c. R-11

Royal Canadian Mounted Police Superannuation Act

56. Clause 6(b)(ii)(I) of the Royal Canadian Mounted Police Superannuation Act is replaced by the following:

        (I) any period of service in respect of which the contributor was entitled to be paid or was granted a return of contributions or other lump sum payment, other than a transfer value or a commuted value , under this Part or under Part V of the former Act, if the contributor elects, within one year after subsequently becoming a contributor under this Part, to pay for that service,

57. (1) Subsection 9(1) of the Act is amended by adding the following in alphabetical order:

``transfer value''
« valeur de transfert »

``transfer value'' means a lump sum amount, representing the value of the contributor's pension benefits, as determined in accordance with the regulations.

(2) Subsection 9(4) of the Act is repealed.

1999, c. 26, s. 16(3)

58. Subsection 10(6) of the Act is replaced by the following:

Application

(6) Subparagraphs (1)(a)(ii) and (iii), as enacted by subsection 16(1) of the Budget Implementation Act, 1999, apply with respect to benefits payable to or in respect of a person who contributes under section 5 on or after June 17, 1999 but do not apply to a person who became entitled to an annuity before that date, is re-appointed to or re-enlisted in the Force and is a contributor referred to in section 23 and who, on subsequently ceasing to be a member of the Force, is only entitled to a return of contributions.

1999, c. 34, s. 180(1)

59. (1) The portion of subsection 13(1) of the 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, other than an immediate annual allowance under section 14.1, 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, other than an immediate annual allowance under section 14.1, eight-fifths of the basic allowance.

1999, c. 34, s. 180(2)

(2) Subsection 13(3) of the Act is replaced by the following:

Benefits

(3) On the death of a contributor who was a member of the Force at the time of death, having to his or her credit a period of pensionable service equal to or greater than the period prescribed by the regulations, the survivor and children of the contributor are entitled to the annual allowances to which they would have been entitled under subsection (1) had the contributor, immediately before death, become entitled under this Part to an annuity or annual allowance.

1999, c. 34, s. 181

60. The portion of section 14 of the Act before paragraph (a) is replaced by the following:

Benefits payable on death

14. On the death of a contributor who was a member of the Force at the time of death, having to his or her credit a period of pensionable service less than the period prescribed by the regulations, the survivor and children of the contributor, in any case where the contributor died leaving a survivor or a child less than eighteen years of age, are entitled jointly to a death benefit equal to

1999, c. 34, s. 189

61. Paragraph 23(a) of the Act is replaced by the following:

    (a) if, on subsequently ceasing to be a member of the Force, he or she is not entitled under this Part to any benefit other than a return of contributions, the amount returned shall not include any amount paid into the Superannuation Account or the Royal Canadian Mounted Police Pension Fund to his or her credit at any time before the time of his or her re-appointment to or re-enlistment in the Force, and whatever right or claim that, but for this section, he or she would have had to the original annuity on subsequently ceasing to be a member of the Force shall then be restored to him or her; and

1999, c. 34, s. 194(2)

62. (1) Paragraph 26.1(1)(c.2) of the Act is replaced by the following:

    (c.2) respecting the manner of determining the amount of a transfer value within the meaning of subsection 9(1), the terms and conditions under which a contributor may become entitled to a transfer value and any other matters that the Governor in Council considers necessary for the purposes of carrying out section 12.1;

1999, c. 34, s. 194(3)

(2) Paragraph 26.1(1)(h.2) is replaced by the following:

    (h.2) prescribing periods of service in the Force and periods of pensionable service for the purposes of sections 11, 12.1 , 13 and 14, these periods being in no case shorter than two years or longer than, in the case of paragraphs 11(7)(a) and 11(8)(a) and sections 13 and 14, five years, in the case of paragraphs 11(1)(a), 11(2)(a), 11(3)(a) and 11(5)(a), subparagraph 11(9)(b)(iii), subsection 11(11) and section 12.1 , ten years, in the case of paragraphs 11(3)(c) and 11(5)(c), twenty years, in the case of paragraph 11(5)(d) and subparagraph 11(9)(b)(ii), twenty-five years, in the case of paragraph 11(9)(a) and clause 11(9)(b)(iii)(B), thirty years, and in the case of subsection 11(12), thirty-five years;

1992, c. 46, s. 80

63. The portion of subsection 39(5) of the Act before paragraph (a) is replaced by the following:

Minimum guaranteed amount

(5) Despite subsections (1), (2) and (4) but subject to section 40, the amount of the supplementary benefit that may be paid for a month in any year to a recipient shall not be less than an amount equal to the difference obtained by subtracting the amount of the pension that may be paid to the recipient for that month in that year from the aggregate of the supplementary benefit and the maximum pension that would have been payable to that recipient for that month in that year, otherwise than pursuant to this section, if the retirement month of the retirement year of the recipient had been that month in such year as is determined by

64. The Act is amended by adding the following after section 41:

Regulations

42. (1) The Governor in Council may make regulations respecting the manner in which and the extent to which any provisions of this Act or of any regulations made under this Act apply in respect of any service in the reserve force of the Canadian Forces of a contributor and adapting any of those provisions for the purposes of that application.

Retroactive application of regulations

(2) Regulations made under subsection (1) may, if they so provide, be retroactive and have effect with respect to any period before they are made.

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