Public Service Superannuation Act (R.S.C., 1985, c. P-36)

26.1 [Repealed, 1999, c. 34, s. 77]

Minimum Benefits

Marginal note:Minimum benefits

• 27 (1) This subsection applies to

  • (a) a contributor who was not required to contribute to the Superannuation Account under subsection 5(1) in the period that began on or after December 20, 1975 and that ended on December 31, 1999;

  • (b) a contributor who was not required to contribute to the Superannuation Account or the Public Service Pension Fund under subsection 5(1.1) or (1.2), as it read on December 31, 2012, in the period that began on or after January 1, 2000 and that ended on December 31, 2012; and

  • (c) a contributor who was not required to contribute to the Public Service Pension Fund under subsection 5(2).

  If, on the death of such a contributor, there is no person to whom an allowance provided in this Part may be paid, or if the persons to whom that allowance may be paid die or cease to be entitled to that allowance and no other amount may be paid to them under this Part, any amount by which the amount of a return of contributions exceeds the aggregate of all amounts paid to those persons and to the contributor under this Part and the Superannuation Act shall be paid, as a death benefit, to the contributor’s estate or succession or, if less than $1,000, as the Minister may direct.

• Marginal note:Minimum benefits

  (2) If, on the death of a contributor who was required to contribute to the Superannuation Account under subsection 5(1) in the period that began on or after December 20, 1975 and that ended on December 31, 1999, a contributor who was required to contribute to the Superannuation Account or the Public Service Pension Fund under subsection 5(1.1) or (1.2), as it read on December 31, 2012, in the period that began on or after January 1, 2000 and that ended on December 31, 2012, or a contributor who was required to contribute to the Public Service Pension Fund under subsection 5(2), there is no person to whom an allowance provided in this Part may be paid, or if the persons to whom that allowance may be paid die or cease to be entitled to that allowance and no other amount may be paid to them under this Part, an amount equal to the amount by which

  • (a) the greater of

    • (i) the amount of a return of contributions, and

    • (ii) an amount equal to five times the annuity to which the contributor was or would have been at the time of his death entitled, determined in accordance with subsection 11(1),

  exceeds

  • (b) the aggregate of all amounts paid to those persons and to the contributor under this Part and the Superannuation Act

  shall be paid, as a death benefit,

  • (c) if the contributor named his estate as his beneficiary or named another beneficiary under Part II and the beneficiary survives the contributor, to the beneficiary, and

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

Disability Payments

Marginal note:Disability payments

28 Where a contributor who

• (a) is less than 60 years of age, in the case of a Group 1 contributor described in subsection 12(0.1), or is less than 65 years of age, in the case of a Group 2 contributor described in subsection 12.1(1), and

• (b) is in receipt of an annuity payable under this Part in respect of a disability previously incurred by him,

is certified, in accordance with the regulations, to have regained his health or to be capable of performing the duties of his former position in the public service or any other position in the public service commensurate with his qualifications, he ceases to be entitled to that annuity and thereupon is entitled to a deferred annuity.

Persons Re-employed

Marginal note:Persons re-employed

29 If a person who is entitled, under any of subsections 12(1), 12.1(2), 13(1) or 13.001(1) or any regulations made for the purposes of section 24.2, to an annuity or an annual allowance is re-employed in the public service and becomes a contributor under this Part, whatever right or claim that he or she may have to the annuity or annual allowance shall be terminated without delay, but the period of service on which the benefit was based, except any period specified in clause 6(1)(a)(iii)(C) or (E), may be counted by that person as pensionable service for the purposes of subsection 6(1), except that if that person, on ceasing to be so re-employed, exercises his or her option under this Part in favour of a return of contributions, or is not entitled under this Part to any benefit other than a return of contributions, the amount so returned shall not include any amount paid into the Superannuation Account or the Public Service Pension Fund to his or her credit at any time before the time when he or she became re-employed, but whatever right or claim that, but for this section, he or she would have had to the annuity or annual allowance on ceasing to be so re-employed shall then be restored to him or her.

Marginal note:Failure to apply for re-employment

30 Where, in any Act of Parliament, it is provided that a contributor who leaves the public service for employment outside of it continues to be a contributor under this Part during that employment and is eligible, in the event of being retired from that employment, to be re-employed in the public service, if the contributor, having been retired from that employment but not having reached sixty years of age and not being disabled, fails to apply for re-employment in the public service or refuses to accept a position in the public service that, in the opinion of the Minister, is commensurate with his or her qualifications, he or she is deemed to have ceased to be employed in the public service, not having reached sixty years of age, for a reason other than disability.

Medical Examinations

Marginal note:Medical examination requirements

• 31 (1) Subject to subsection (3) but notwithstanding anything else in this Part, any election made by a person who becomes a contributor under this Part

  • (a) not having been a contributor under Part I of the Superannuation Act immediately prior to January 1, 1954, and

  • (b) not having been employed in the public service, or in the public service and as a member of the regular force or of the Force, substantially without interruption for a period of five years immediately prior to the making of the election,

  is void, in so far as it is an election to pay for any period of service prior to becoming a contributor, except any period immediately prior to becoming a contributor during which he was employed in the public service, unless the person by whom the election is made has been medically examined, as prescribed in the regulations.

• Marginal note:Failure to pass medical examination

  (2) Notwithstanding anything in this Part, when a contributor to whom subsection (1) applies has been medically examined, as prescribed in the regulations, and has failed to pass the examination, neither the contributor nor the contributor’s survivor or children shall, in respect of any service of the contributor to which the election referred to in subsection (1) relates, become entitled to any benefit under this Part other than a return of contributions unless the contributor continues to be employed in the public service for a further period of not less than five years from the time of the examination or is again medically examined, as prescribed in the regulations, and passes the examination.

• Marginal note:Prohibited elections

  (3) Notwithstanding anything in this Part, any election, in so far as it is an election

  • (a) to pay for any period of service described in clause 6(1)(b)(iii)(K) or (L),

  • (b) under paragraph 20(1)(b), in the case of an election made after one year after the person by whom the election is made becomes employed in operational service, or

  • (c) under subsection 39(6),

  is void unless the person by whom the election is made has passed a medical examination, as prescribed in the regulations, within such time immediately before or after the making of the election as is prescribed in the regulations.

Diversion of Amounts Payable in Certain Cases

Marginal note:Diversion of payments to satisfy financial support order

• 32 (1) When any court in Canada of competent jurisdiction has made an order requiring a recipient to pay financial support, amounts payable to the recipient under this Part or Part III are subject to being diverted to the person named in the order in accordance with Part II of the Garnishment, Attachment and Pension Diversion Act.

• Marginal note:Where recipient unable to manage own affairs

  (2) Where, for any reason, a recipient is unable to manage the recipient’s own affairs, or where the recipient is incapable of managing the recipient’s own affairs and there is no person entitled by law to act as the recipient’s committee, the Receiver General may pay to any person designated by the Minister to receive payment on behalf of the recipient any amount that is payable to the recipient under this Part or Part III.

• Marginal note:Payment deemed to be to recipient

  (3) For the purposes of this Part and Part III, any payment made by the Receiver General pursuant to subsection (1) or (2) is deemed to be a payment to the recipient in respect of whom the payment is made.

• (4) [Repealed, 2000, c. 12, s. 276]