Canadian Forces Superannuation Act (R.S.C., 1985, c. C-17)

PART IISupplementary Death Benefits

Interpretation

Marginal note:Definitions

• 60 (1) In this Part,

  basic benefit

  basic benefit[Repealed, 1999, c. 34, s. 155]

  benefit

  benefit means the amount payable in respect of a participant under section 66; (prestation)

  elective

  elective as applied to a participant means that the participant comes within paragraph (c) or (d) of the definition participant; (volontaire)

  immediate annual allowance

  immediate annual allowance means an annual allowance payable within 30 days after the day on which a participant ceases to be a member of the regular force; (allocation annuelle immédiate)

  participant

  participant means

  • (a) a member of the regular force,

  • (b) [Repealed, 2003, c. 26, s. 26]

  • (c) a person other than a member of the regular force who has made an election under section 62 and continues to contribute under this Part, and

  • (d) a person who has made an election under section 62 and in respect of whom a benefit is payable without contribution by him or her.

  • (e) [Repealed, 2003, c. 26, s. 26]

  but does not include a person described in paragraph 62(1)(b) of the Public Service Superannuation Act who elected not to come under the provisions of Part II of that Act; (participant)

  public service participant

  public service participant means a person who is a participant under Part II of the Public Service Superannuation Act; (participant de la fonction publique)

  salary

  salary[Repealed, 1999, c. 34, s. 155]

• Marginal note:Other words and expressions

  (2) Other words and expressions used in this Part and not defined in subsection (1) have the same meaning as in Part I.

Marginal note:Apportionment

61 If a benefit payable under Part I is apportioned between two survivors under subsection 29(8) or a pension payable under the Defence Services Pension Continuation Act, chapter D-3 of the Revised Statutes of Canada, 1970, is apportioned between two women under subsection 32(3) of that Act, the benefit payable to a person referred to in subsection 67(2) is apportioned in the same manner.

Marginal note:Election to continue as participant

• 62 (1) A participant who is a member of the regular force and who has been a member substantially without interruption for five years or more or has been a participant under this Part without interruption for five years or more may, within one year before such time as he ceases to be a member, elect to continue to be a participant under this Part after that time.

• Marginal note:Idem

  (2) A person who ceases to be a member of the regular force and at the time he ceases to be a member is a participant who has been a member of the regular force substantially without interruption for five years or more or has been a participant under this Part without interruption for five years or more,

  • (a) shall be deemed, for the purposes of this Part except section 65, to be a participant under this Part for a period of thirty days after that time; and

  • (b) may, within that period of thirty days, elect to continue to be a participant under this Part after the expiration of that period, and is, if on ceasing to be a member they are entitled under Part I or under the Defence Services Pension Continuation Act, chapter D-3 of the Revised Statutes of Canada, 1970, to an immediate annuity, immediate annual allowance or pension, as the case may be, deemed so to have elected within that period to continue to be a participant under this Part after the expiration of that period.

• Marginal note:Idem

  (3) An election under subsection (1) or (2) shall be deemed not to take effect until the expiration of the period of thirty days mentioned in paragraph (2)(a).

• Marginal note:Service in public service to be counted

  (4) For the purpose of subsections (1) and (2),

  • (a) in calculating the period during which a person has been a member of the regular force, any period during which that person was employed in the public service shall be deemed to be service as a member of the regular force; and

  • (b) in calculating the period during which a person has been a participant under this Part, any period during which that person was a participant under Part II of the Public Service Superannuation Act shall be included.

Marginal note:When public service participant deemed participant

63 Despite anything in this Part, a participant who becomes a public service participant ceases to be a participant under this Part, but, if on ceasing to be a public service participant they are not entitled to an immediate annuity or an immediate annual allowance under the Public Service Superannuation Act and are entitled under Part I or under the Defence Services Pension Continuation Act, chapter D-3 of the Revised Statutes of Canada, 1970, to an immediate annuity, immediate annual allowance or pension, they are deemed to have elected under subsection 62(1) to continue to be a participant under this Part.

64 [Repealed, 1999, c. 34, s. 157]

Contributions

Marginal note:Amount of contribution

65 Every participant shall contribute to the Consolidated Revenue Fund the amounts prescribed by the regulations under the conditions prescribed by the regulations, in the manner and at the time prescribed by the regulations.

Benefits

Marginal note:Payment of benefit

• 66 (1) On the death of a participant, there shall be paid to the persons and in the manner specified in this Part, a benefit in the amount prescribed by the regulations.

• Marginal note:Benefits to certain participants continued

  (2) Notwithstanding subsection (1), in calculating the benefit payable under that subsection on the death of a person who was an elective regular force participant under Part II of the Public Service Superannuation Act immediately before August 1, 1966 and who continued to be an elective participant until the time of his death, basic benefit means the basic benefit as defined in subsection 47(1) of the Public Service Superannuation Act as it read immediately prior to August 1, 1966.

Marginal note:To whom benefits paid

• 67 (1) Subject to section 83, benefits shall be paid as follows:

  • (a) where a deceased participant has, pursuant to any regulations made under subsection 73(1), named his estate as his beneficiary or named another beneficiary who may be named under those regulations and the beneficiary survives the participant, to the beneficiary; and

  • (b) in any other case, to the estate of the participant or, if less than one thousand dollars, as the Minister may direct.

• Marginal note:Transitional

  (2) Notwithstanding subsection (1), where, immediately prior to December 20, 1975, any benefit would, on the death of a participant, have become payable to his widow, the benefit shall remain payable, on his death, to his widow, unless

  • (a) she does not survive him;

  • (b) he names his estate as his beneficiary under any regulations made under paragraphs 73(1)(e) and (f); or

  • (c) he names another beneficiary under any regulations made under paragraphs 73(1)(e) and (f).

• Marginal note:Exception

  (2.1) If it is established to the satisfaction of the Minister when the participant dies that the beneficiary or widow cannot be found, the benefit shall be paid to the estate or succession of the participant or, if less than one thousand dollars, shall be paid as the Minister may direct.

• Marginal note:How benefits paid

  (3) Subject to any regulations made under paragraph 73(1)(g), a benefit shall be paid in a lump sum.

Marginal note:Regular Force Death Benefit Account

• 68 (1) There shall be an account in the accounts of Canada to be known as the Regular Force Death Benefit Account to which shall be credited the following:

  • (a) the amount of all contributions paid under section 65 by participants;

  • (b) an amount that is the greater of

    • (i) an amount, representing an amount sufficient to cover the cost of the benefits that will become chargeable against the Account, as determined in accordance with the regulations, and

    • (ii) the aggregate of

      • (A) one twelfth of the benefit paid in respect of each participant who, at the time of death, was a member of the regular force or of the reserve force, for which benefit contributions under this Part were payable by the participant at that time,

      • (B) one twelfth of the benefit paid in respect of each elective participant who, on ceasing to be a member of the regular force was entitled under Part I or under the Defence Services Pension Continuation Act, chapter D-3 of the Revised Statutes of Canada, 1970, to an immediate annuity or pension, for which benefit contributions under this Part were payable by the participant at the time of death, and

      • (C) the amount of the single premium determined under the schedule in respect of each participant in respect of whom a benefit is payable without contribution under this Part by the participant for that benefit; and

  • (c) an amount representing interest on the balance from time to time to the credit of the Account, calculated in such manner and at such rates and credited at such times as the regulations provide.

  • (d) and (e) [Repealed, 1992, c. 46, s. 54]

• Marginal note:How benefits to be charged

  (2) Benefits shall be paid out of the Consolidated Revenue Fund and shall be charged against the Regular Force Death Benefit Account.

General

Marginal note:Elective participants

• 69 (1) There shall be issued to elective participants a document in such form as the regulations prescribe as evidence that they are participants under this Part.

• Marginal note:Idem

  (2) An elective participant ceases to be a participant if any contribution payable by him under this Part is not paid within thirty days after the due date thereof.

70 [Repealed, 2003, c. 26, s. 31]

Marginal note:Valuation and assets reports

• 71 (1) A valuation report and an assets report on the state of the Regular Force Death Benefit Account shall be prepared, filed with the Minister and laid before Parliament in accordance with the Public Pensions Reporting Act and as if the supplementary death benefit plan established by this Part were a pension plan established under an Act referred to in subsection 3(1) of that Act.

• Marginal note:Review dates

  (2) For the purposes of subsection (1), the review date as of which an actuarial review of the Regular Force Death Benefit Account must be conducted for the purposes of the first valuation report is December 31 in the year that is four years after the day on which this subsection comes into force and, thereafter, the review dates must not be more than three years apart.

Marginal note:Annual report

72 The Minister shall lay before Parliament each year a report on the administration of this Part during the preceding fiscal year, including a statement showing the amounts that during such year were credited to or charged against the Regular Force Death Benefit Account.

Marginal note:Regulations

• 73 (1) The Governor in Council may make regulations for carrying the purposes and provisions of this Part into effect and, without restricting the generality of the foregoing, may make regulations

  • (a) prescribing the amounts of contributions to be made by participants;

  • (b) prescribing the conditions, manner and time of payment of contributions by participants;

  • (c) prescribing benefits payable for the purposes of subsection 66(1);

  • (d) respecting the manner of and time for making elections under this Part;

  • (e) prescribing the manner and time of naming, changing or revoking beneficiaries under this Part;

  • (f) authorizing a contributor to name his estate as his beneficiary and prescribing classes of persons and organizations from which beneficiaries may be named for the purposes of this Part;

  • (g) authorizing payment, with the approval of the Minister, out of any benefit payable to the survivor, beneficiary or estate or succession of a deceased participant, of reasonable expenses incurred for the maintenance, medical care or burial of the participant;

  • (g.1) respecting the manner of determining the amount referred to in subparagraph 68(1)(b)(i);

  • (h) respecting the rates at which interest is to be credited to the Regular Force Death Benefit Account under paragraph 68(1)(c), the manner in which it shall be calculated and the times at which it shall be credited to the Account;

  • (i) specifying, for the purposes of this Part, the circumstances under which a person’s service in the regular force shall be deemed to be substantially without interruption;

  • (j) respecting the determination, for the purposes of this Part, of the effective date on which a person shall be deemed to have become or to have ceased to be a member of the regular force;

  • (k) prescribing the nature of the evidence required to establish proof of age or marital status for the purposes of this Part, the time within which that evidence shall be provided and the consequences of any failure to provide that evidence within that time; and

  • (l) [Repealed, 1999, c. 34, s. 161]

  • (m) prescribing forms for the purposes of this Part.

• Marginal note:Application of section 36

  (2) Section 36, except subsection (1) thereof, applies, with such modifications as the circumstances require, to this Part.

• Marginal note:No reduction of benefits

  (3) No regulation made under paragraph (1)(a) shall have the effect of reducing the amount of a benefit payable under this Part to an amount less than five thousand dollars in respect of a person who is a participant under this Part when the regulation comes into force and remains a participant after that coming into force.