Bill C-37
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51-52 ELIZABETH II |
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CHAPTER 26 |
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An Act to amend the Canadian Forces
Superannuation Act and to make
consequential amendments to other Acts
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[Assented to 7th November, 2003]
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| R.S., c. C-17
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CANADIAN FORCES SUPERANNUATION ACT |
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1. (1) The definitions ``intermediate
engagement'', ``retirement age'' and ``short
engagement'' in subsection 2(1) of the
Canadian Forces Superannuation Act are
repealed.
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(2) Subsection 2(1) of the Act is amended
by adding the following in alphabetical
order:
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| ``member of
the reserve
force'' « membre de la force de réserve »
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``member of the reserve force'' means an
officer or non-commissioned member of
the reserve force;
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2. The Act is amended by adding the
following after section 3:
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APPLICATION TO CERTAIN RESERVE FORCE MEMBERS |
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| Regulations
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3.1 (1) The Governor in Council may make
regulations respecting the manner in which
and the extent to which any provisions of Parts
I, II and III, or of any regulations made under
those Parts, apply to members or former
members, or classes of members or former
members, of the reserve force that are
prescribed in those regulations and adapting
any of those provisions for the purposes of that
application.
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| Reserve force
members who
were deemed
re-enrolled in
regular force
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(2) For greater certainty, members of the
reserve force who, immediately before the
coming into force of this section, were
deemed to be re-enrolled in the regular force
under subsection 41(2) or (3) of this Act as it
read immediately before its repeal are
members, or classes of members, who may be
prescribed by regulations made under
subsection (1).
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| Reserve force
members who
were
participants
under Part II
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(3) For greater certainty, members of the
reserve force who, immediately before the
coming into force of this section, were
participants within the meaning of paragraph
(b) of the definition ``participant'' in
subsection 60(1) of this Act as it read
immediately before its repeal are members, or
classes of members, who may be prescribed
by regulations made under subsection (1) for
the purposes of the application and adaptation
of any provisions of Part II.
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| 1999, c. 34,
s. 117(2)
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3. The portion of subsection 5(5) of the
Act before paragraph (a) is replaced by the
following:
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| Other
pensionable
service
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(5) For the purpose of subsections (2) to (4),
``other pensionable service'' means service,
other than service credited under a plan
established in accordance with Part I.1, giving
rise to a superannuation or pension benefit of
a kind specified in the regulations payable
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4. (1) The portion of paragraph 6(a) of the
French version of the Act before
subparagraph (i) is replaced by the
following:
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| 1992, c. 46,
s. 34
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(2) Paragraph 6(b) of the Act is replaced
by the following:
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| 1992, c. 46,
ss. 35 to 38;
1999, c. 34,
s. 119,
ss. 120(1) and
(2) and
ss. 121 and
122
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5. Sections 6.1 to 9 of the Act are replaced
by the following:
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| Elective
service
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7. (1) A contributor may, subject to
regulations made under subsection (2) and
paragraphs 50(1)(b) and (c), elect to pay for
any period of service, or part of a period of
service, of a kind prescribed in the regulations.
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| Regulations
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(2) For the purposes of subsection (1), the
Governor in Council may make regulations
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| Payment to
Canadian
Forces
Pension Fund
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(3) Any amount required to be paid by a
contributor in respect of any period of service
for which they have elected to pay under this
Part after the coming into force of this
subsection shall be paid into the Canadian
Forces Pension Fund.
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| Payment in
respect of
previous
elections
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(4) Any amount that is required to be paid
by a contributor after the coming into force of
this subsection for a period of service for
which they have elected to pay under the
provisions of this Act as it read immediately
before that coming into force shall be paid, in
accordance with those provisions, into the
Superannuation Account or the Canadian
Forces Pension Fund, as the case may be.
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| Other elective
service
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8. (1) A contributor may, within two years
after the coming into force of this section,
elect, in accordance with subsection (2) or (3),
as the case may be, to pay for any period of
service that they would have been entitled to
count as elective service under section 6 of
this Act as it read immediately before that
coming into force if they were a member of the
regular force continuously from the day
immediately before that coming into force
until the day on which they make the election.
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| Old rules
applicable
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(2) If a contributor makes an election under
subsection (1) to pay for a period of service for
which they would not have been entitled to
make an election under section 7, the
provisions of this Act, and the regulations
made under it, as they read immediately
before the coming into force of this section,
apply to an election under that subsection.
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| New rules
applicable and
election
regarding cost
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(3) If a contributor makes an election under
subsection (1) to pay for a period of service for
which they would also have been entitled to
make an election under section 7, then
subsection 7(3) and the regulations made
under subsection 7(2) apply to the election
made under subsection (1), except that the
contributor may further elect, in accordance
with the regulations, for the provisions of this
Act, and the regulations made under it, as they
read immediately before the coming into force
of this section, to apply to the determination of
the amount to be paid for the period of service
and the terms and conditions applicable to
payment for that service.
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| Election for
absence from
duty
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9. (1) If, under any regulations made under
paragraph 50(1)(e), a contributor is required
to count as pensionable service for the
purposes of this Act a period of service that
exceeds three months, the contributor may,
despite those regulations, elect, in accordance
with the regulations, not to count as
pensionable service that portion of the period
that is in excess of three months.
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| Contributions
not required
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(2) Despite section 5, a contributor who
makes an election under subsection (1) is not
required to contribute to the Superannuation
Account or the Canadian Forces Pension Fund
under that section in respect of the portion of
the period to which the election relates.
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| Election for
period of
service before
December 1,
1995
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(3) A contributor who makes an election
under subsection (1) in respect of a period of
service that ended before December 1, 1995
and who has, before that day, made some but
not all of the contributions that are required to
be made by the contributor to the
Superannuation Account in respect of that
period shall, at the time the election is made,
cease to be required to make any further
contributions to the Superannuation Account
in respect of that period and shall count as
pensionable service for the purposes of this
Act such portion of that period as is prescribed
by the regulations.
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| Amendment
or revocation
of election
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9.1 An election under this Part may be
amended by the elector, within the time
prescribed by the regulations for the making
of the election, by increasing the period or
periods of service for which they elect to pay,
and is otherwise irrevocable except under
such circumstances and on such terms and
conditions, including payment by the elector
to Her Majesty of such amount in respect of
any benefit accruing to the elector during the
subsistence of the election, as a consequence
of their having so elected, as is prescribed by
the regulations.
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| Entitlement to
benefits to
cease on
election
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9.2 Despite anything in the Public Service
Superannuation Act or the Royal Canadian
Mounted Police Superannuation Act, on the
making of any election under this Act to pay
for service that they have to their credit under
either of those Acts, the contributor so
electing, and any person to whom any benefit
might otherwise have become payable under
the Public Service Superannuation Act or the
Royal Canadian Mounted Police
Superannuation Act, as the case may be, in
respect of that contributor, cease to be entitled
to any benefit under that Act in respect of any
service of that contributor to which that
election relates.
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| Regulations
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9.3 The Governor in Council may make
regulations prescribing the manner of
determining the amount to be charged to the
account maintained in the accounts of
Canada, or the pension fund established
pursuant to the Public Service
Superannuation Act or the Royal Canadian
Mounted Police Superannuation Act, as the
case may be, and credited to the Canadian
Forces Pension Fund or to the Superannuation
Account, as the case may be, in respect of a
contributor who elects to pay for a period of
service that they were entitled to count for
pension purposes under the Public Service
Superannuation Act or the Royal Canadian
Mounted Police Superannuation Act.
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6. The heading before section 10 of the
Act is replaced by the following:
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Benefits: Definitions, etc. |
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7. (1) The portion of section 10 of the Act
before the definition ``annuity'' is replaced
by the following:
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| Definitions
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10. In this Act, except Part I.1,
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| 1999, c. 34,
s. 123
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(2) The definitions ``cash termination
allowance'' and ``recipient'' in section 10 of
the Act are repealed.
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(3) Section 10 of the Act is amended by
adding the following in alphabetical order:
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| ``transfer
value'' « valeur de transfert »
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``transfer value'' means a lump sum amount,
representing the value of the contributor's
pension benefits, as determined in
accordance with the regulations.
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8. Subsection 11(1) of the Act is replaced
by the following:
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| Duration of
payment, etc.,
to contributor
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11. (1) Where an annuity or an annual
allowance becomes payable under this Part to
a contributor, it shall, subject to the
regulations, be paid in equal monthly
instalments in arrears and shall continue,
subject to this Part, during the lifetime of the
contributor and thereafter until the end of the
month during which the contributor dies, and
any amount in arrears thereof that remains
unpaid at any time after their death shall be
paid as provided in section 26, in respect of a
death benefit.
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9. Section 12 of the Act is replaced by the
following:
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| Revocation of
option
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12. If a contributor has exercised an option
under this Part, the option may be revoked and
a new option exercised by the contributor, in
accordance with the regulations.
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| 1999, c. 34,
s. 125
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10. Paragraph 13(b) of the Act is replaced
by the following:
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| 1992, c. 46,
s. 39; 1999,
c. 34, s. 126
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11. Section 14 of the Act is repealed.
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12. The Act is amended by adding the
following before section 15:
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Annuities: How Computed |
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| 1992, c. 46,
s. 40(1)
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13. (1) Subparagraph 15(1)(b)(iii) of the
Act is replaced by the following:
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(2) Paragraph 15(2)(b) of the Act is
replaced by the following:
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| 1992, c. 46,
s. 40(2)
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(3) Subsection 15(4) of the Act is replaced
by the following:
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| Pay deemed
to have been
received
during certain
periods
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(4) For the purposes of this section, a
contributor who has to their credit pensionable
service that includes any period of service
referred to in paragraph 6(b) is deemed to have
received during that period pay determined in
accordance with the regulations.
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| 1999, c. 34,
s. 130(3)
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14. The heading before section 16 and
sections 16 to 24 of the Act are replaced by
the following:
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Benefits Payable to Contributors |
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| Immediate
annuity
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16. (1) A contributor who ceases to be a
member of the regular force and who has to
their credit two or more years of pensionable
service is entitled to an immediate annuity if
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| Regulations
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(2) Despite paragraph (1)(a), the Governor
in Council may make regulations establishing,
for officers, according to their rank, a number
of years of Canadian Forces service greater
than the minimum number of 25 years referred
to in that paragraph and providing for that
number to be reduced to 25 years over a
maximum period of five years from the
coming into force of this section, in the case of
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| Deferred
annuity
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17. A contributor who ceases to be a
member of the regular force, who has to their
credit two or more years of pensionable
service and who is not entitled to an
immediate annuity, is entitled to a deferred
annuity.
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| Annual
allowance
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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
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| Amount of
allowance
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(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.
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| Alternative
amount
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(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
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