An Act to amend the Canadian Forces Superannuation Act and to make consequential amendments to other Acts (S.C. 2003, c. 26)
Full Document:
Assented to 2003-11-07
CONSEQUENTIAL AMENDMENTS
R.S., c. R-11Royal Canadian Mounted Police Superannuation Act
Marginal note: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;
Marginal note:1999, c. 34, s. 194(3)
(2) Paragraph 26.1(1)(h.2) of the Act 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;
Marginal note:1992, c. 46, s. 80
63. The portion of subsection 39(5) of the Act before paragraph (a) is replaced by the following:
Marginal note: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:
Marginal note: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.
Marginal note: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.
Marginal note:Powers of Treasury Board
(3) The Treasury Board may, in addition to the powers conferred on it by paragraph 7(2)(d) of the Financial Administration Act, exercise the powers of the Governor in Council under this section.
1992, c. 46, Sch. ISpecial Retirement Arrangements Act
Marginal note:2002, c. 17, s. 28
65. Subparagraph 10(a)(ii) of the Special Retirement Arrangements Act is replaced by the following:
(ii) who is required to contribute to the Canadian Forces Superannuation Account referred to in section 4 of the Canadian Forces Superannuation Act, to the Canadian Forces Pension Fund as defined in subsection 2(1) of that Act or to a fund established under regulations made under section 59.1 of that Act,
Marginal note:2002, c. 17, s. 29(1)
66. Paragraph 11(1)(b) of the Act is replaced by the following:
(b) who, on or after that day, is required to contribute to the Canadian Forces Superannuation Account referred to in section 4 of the Canadian Forces Superannuation Act, to the Canadian Forces Pension Fund as defined in subsection 2(1) of that Act or to a fund established under regulations made under section 59.1 of that Act and whose annual rate of pay is greater than the annual rate of pay that is fixed by the regulations made under paragraph 50(1)(g) of that Act or is greater than the annual rate that may be determined in the manner prescribed by those regulations;
TRANSITIONAL PROVISIONS
Marginal note:Return of contributions
67. A contributor who ceases to be a member of the regular force, as defined in subsection 2(1) of the Canadian Forces Superannuation Act, and is not entitled to an immediate annuity under Part I of that Act is entitled, at their option, exercised in accordance with the regulations under that Act, to a return of contributions if they have been a member continuously from the day immediately before the coming into force of this section until the day on which they ceased to be a member and they ceased to be a member of the regular force before the earliest of
(a) the day that is two years after the coming into force of this section,
(b) the day on which they have 20 years of service in the regular force that counts as pensionable service, and
(c) the day on which they have reached the retirement age that is fixed by the regulations made under the National Defence Act as the retirement age applicable to their rank and have not less than 10 years of service in the regular force that counts as pensionable service.
Marginal note:Child resuming attendance at school or university
68. If, before the coming into force of subsection 25(5) of the Canadian Forces Superannuation Act, as enacted by section 15 of this Act, payment of an allowance to a person ceased because, not being in full-time attendance at a school or university, that person was not a child within the meaning of paragraph 25(4)(b) of that Act, as that provision read before that coming into force, payment of the allowance to the person shall be resumed from the day that the person is a child within the meaning of paragraph 25(5)(b) of that Act, as enacted by section 15 of this Act, but in no case shall payment be made under this section from a day that is earlier than that coming into force.
Marginal note:Application of section 45
69. Section 45 applies only with respect to contributors who cease to be members of the Royal Canadian Mounted Police on or after the day on which this section comes into force.
COORDINATING AMENDMENT
Bill C-25
70. (1) Subsections (2) to (4) apply if Bill C-25, introduced in the 2nd Session of the 37th Parliament and entitled the Public Service Modernization Act (the “other Act”), receives royal assent.
(2) If section 136 of the other Act is not in force on the day on which subsection 4(2) of this Act comes into force, then, on that coming into force, section 136 of the other Act is repealed.
(3) If section 136 of the other Act and subsection 4(2) of this Act come into force on the same day, then subsection 4(2) of this Act is deemed to have come into force first, and subsection (2) applies.
(4) If subparagraph 225(z.19)(xv) of the other Act comes into force before or on the same day as section 50 of this Act, then, on the coming into force of that section 50, subsection 13.01(1) of the English version of the Public Service Superannuation Act is replaced by the following:
Marginal note: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).
COMING INTO FORCE
Marginal note:Coming into force
71. The provisions of this Act, other than section 70, and the provisions of any Act as enacted by this Act, come into force on a day or days to be fixed by order of the Governor in Council.
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