Bill C-37
If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.
|
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Act are repealed.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repealed.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repealed.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repealed.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154 of the Act, is repealed.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 Section 160 of the Act is repealed.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 Section 168 of the Act is repealed.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:
|
|
|
|
|
|
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subsection 178(3) of the Act, is repealed.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:
|
|
|
|
|
|
(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,
|
|
|
|
|
|
|
|
|
|
|
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:
|
|
|
|
|
1996, c. 18,
s. 22(3)
|
(2) Clause 6(1)(b)(iii)(M) of the Act is
replaced by the following:
|
|
|
|
|
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:
|
|
|
|
|
|
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:
|
|
|
|
|
|
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:
|
|
|
|
|
|
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:
|
|
|
|
|
|
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:
|
|
|
|
|
1999, c. 34,
s. 194(2)
|
62. (1) Paragraph 26.1(1)(c.2) of the Act
is replaced by the following:
|
|
|
|
|
1999, c. 34,
s. 194(3)
|
(2) Paragraph 26.1(1)(h.2) of the Act is
replaced by the following:
|
|
|
|
|
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.
|
|