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Special Retirement Arrangements Act

Version of section 11 from 2013-01-01 to 2024-02-06:


Marginal note:Arrangements shall be established

  •  (1) The Governor in Council shall, on the recommendation of the Minister, by order, as soon as is practicable after the day on which this subsection comes into force, establish or authorize the establishment of a plan or an arrangement for the payment of benefits, of a kind referred to in the definition “retirement compensation arrangement” in subsection 248(1) of the Income Tax Act, to or in respect of any person

    • (a) who, on or after that day, is required to contribute to the Superannuation Account referred to in section 4 of the Public Service Superannuation Act or to the Public Service Pension Fund as defined in subsection 3(1) of that Act and whose annual rate of salary is greater than the annual rate of salary that is fixed by any regulations made under paragraph 42.1(1)(a) of that Act or is greater than the annual rate that may be determined in the manner prescribed by those regulations;

    • (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;

    • (c) who, on or after that day, is required to contribute to the Royal Canadian Mounted Police Superannuation Account referred to in section 4 of the Royal Canadian Mounted Police Superannuation Act or to the Royal Canadian Mounted Police Pension Fund as defined in subsection 3(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 26.1(1)(a) of that Act or is greater than the annual rate that may be determined in the manner prescribed by those regulations;

    • (d) who is or has been a deputy head, has to the person’s credit under the Public Service Superannuation Act not less than ten years of pensionable service and elects, in accordance with the regulations, before the person ceases to be employed in the public service, to become subject to such a plan or arrangement; or

    • (e) who, immediately before the coming into force of section 11 of An Act to amend certain Acts in relation to pensions and to enact the Special Retirement Arrangements Act and the Pension Benefits Division Act, introduced in the third session of the thirty-fourth Parliament, was deemed by section 14 of the Public Service Superannuation Act, as it read at that time, to be employed in the Public Service.

  • Marginal note:Designation

    (2) The Governor in Council shall, when establishing or authorizing the establishment of a plan or an arrangement under subsection (1), designate the persons who shall be subject to that plan or arrangement and may designate those persons either individually or by class of persons.

  • Marginal note:Idem

    (3) A plan or an arrangement that is established by or under the authority of an order made under subsection (1) shall provide for the payment of benefits to or in respect of a person described in that subsection that are equivalent in value to the value of the benefits that the person would have been able to accrue but for

  • Marginal note:Definition of “deputy head”

    (4) In this section, deputy head means the deputy head of a department, a person having by law the status of a deputy head and the chairperson, president or other chief executive officer of a portion of the public service, as defined in section 3 of the Public Service Superannuation Act, other than a department.

  • 1992, c. 46, Sch. I, s. 11
  • 2002, c. 17, s. 29
  • 2003, c. 22, s. 225(E), c. 26, s. 66
  • 2012, c. 31, ss. 473, 503, 513

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