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

Act current to 2020-11-17 and last amended on 2019-06-21. Previous Versions

PART ISuperannuation (continued)

Contributions

Marginal note:Contribution rates — 2013 and later

  •  (1) A member of the regular force, except a person described in subsection (6), is required to contribute to the Canadian Forces Pension Fund, in respect of every portion of the period beginning on January 1, 2013 by reservation from salary or otherwise, at the contribution rates determined by the Treasury Board in respect of that portion on the joint recommendation of the President of the Treasury Board and the Minister.

  • Marginal note:Contribution rates — 35 years of service

    (2) A person who has to his or her credit, on or after January 1, 2013, a period of pensionable service — or a period of pensionable service and other pensionable service — totalling at least 35 years is not required to contribute under subsection (1) but is required to contribute, by reservation from salary or otherwise, to the Canadian Forces Pension Fund, in respect of the period beginning on the later of January 1, 2013 and the day on which the person has to his or her credit those 35 years, in addition to any other amount required under this Act, at the rates determined by the Treasury Board on the joint recommendation of the President of the Treasury Board and the Minister.

  • Marginal note:Limitation — determination of contribution rate

    (3) In determining the contribution rates for the purposes of subsections (1) and (2), the rates must not exceed the rates paid under section 5 of the Public Service Superannuation Act by Group 1 contributors who are described in subsection 12(0.1) of that Act.

  • Marginal note:Other pensionable service

    (4) For the purpose of subsection (2), other pensionable service means years of service, other than service credited under a plan established in accordance with Part I.1, giving rise to a superannuation or pension benefit of a kind specified in the regulations that is payable

    • (a) out of the Consolidated Revenue Fund, or out of any account in the accounts of Canada other than the Superannuation Account; or

    • (b) out of the Public Service Pension Fund within the meaning of the Public Service Superannuation Act or the Royal Canadian Mounted Police Pension Fund within the meaning of the Royal Canadian Mounted Police Superannuation Act.

  • Marginal note:Contributions not required

    (5) Despite anything in this Part, no person shall, in respect of any period of his or her service on or after December 15, 1994, make a contribution under this Part in respect of any portion of his or her annual rate of pay that is in excess of the annual rate of pay that is fixed by or determined in the manner prescribed by the regulations.

  • Marginal note:Exceptions

    (6) The exceptions are

    • (a) a member who, immediately before March 1, 1960, was a member of the regular force but not a contributor under Part V of the former Act and who has not elected under subsection 18(2) of the Canadian Forces Superannuation Act, chapter C-9 of the Revised Statutes of Canada, 1970, to become a contributor under this Act; and

    • (b) a person on leave of absence from employment outside the regular force who, in respect of current service continues to contribute to or under any superannuation or pension fund or plan established for the benefit of employees of the employer from whose employment the member is absent.

  • R.S., 1985, c. C-17, s. 5
  • 1992, c. 46, s. 33
  • 1999, c. 34, s. 117
  • 2003, c. 26, s. 3
  • 2012, c. 31, s. 465

Pensionable Service

Marginal note:Pensionable service

 Subject to this Act, the following service may be counted by a contributor as pensionable service for the purposes of this Act, namely,

  • (a) non-elective service, comprising,

    • (i) in the case of a contributor who, immediately before March 1, 1960, was a contributor under Part V of the former Act, any period of service that he would have been entitled to count for the purposes of computing any pension or gratuity under that Part had he, at that time, retired from the regular force, except any such period for which he elected under that Part to pay, and

    • (ii) in the case of any contributor,

      • (A) any period during which he or she was required by subsections 5(1) and (1.01), as they read on December 31, 2012, to contribute to the Superannuation Account or the Canadian Forces Pension Fund, and any period during which he or she is required by subsection 5(1) to contribute to the Canadian Forces Pension Fund, and

      • (B) any period of service that may be counted by him as pensionable service pursuant to section 41; and

  • (b) elective service, comprising,

    • (i) in the case of a contributor who, immediately before March 1, 1960, was a contributor under Part V of the former Act,

      • (A) any period of service for which he elected under that Part to pay, and

      • (B) any period of service for which he might have elected, under the provisions of that Part in force immediately before March 1, 1960, to pay, if he elects, within the time prescribed by those provisions, to pay for that service, and

    • (ii) in the case of any contributor,

      • (A) any period of service during which he was employed in the public service on a full-time basis and was in receipt of salary, if he elects, within one year of becoming a contributor under this Act, to pay for that service, and any period of service with any board, commission, corporation in, or portion of, the federal public administration that is added to Schedule I to the Public Service Superannuation Act on or after March 1, 1960, during which he was employed on a full-time basis and was in receipt of salary, if he elects, within one year of such addition, to pay for that service,

      • (B) any period of service as a member of the Royal Canadian Mounted Police, if he elects, within one year of becoming a contributor under this Act, to pay for that service,

      • (C) any period of service on active service during time of war in the naval, army or air forces of Her Majesty raised by Canada, if he elects, within one year of becoming a contributor under this Act, to pay for that service,

      • (D) any period of service in the Canadian Army Special Force established by Order in Council P.C. 3860 of August 7, 1950 made under the National Defence Act, if he elects, within one year of becoming a contributor under this Act, to pay for that service,

      • (E) any period of full-time service during time of war between such dates as are fixed by the regulations in the naval, army or air forces of Her Majesty other than those raised by Canada, if he elects, within one year of becoming a contributor under this Act, to pay for that service,

      • (F) any period of full-time service during time of war or otherwise in the permanent naval, army or air forces of Her Majesty other than those raised by Canada, except any such service that may be counted by him under clause (E), if he elects, within one year of becoming a contributor under this Act, to pay for that service,

      • (G) any continuous period of full-time service of three months or more in the Canadian Forces or in the naval, army or air forces of Her Majesty raised by Canada, other than the regular force, if he elects, within one year of becoming a contributor under this Act, to pay for that service,

      • (H) one-fourth of any period of service in the Canadian Forces or in the naval, army or air forces of Her Majesty raised by Canada, other than the regular force, during which he was liable to be called out for periodic training or duty by the Governor in Council otherwise than during an emergency, except any such service that may be counted by him under clause (C) or (G), if he elects, within one year of becoming a contributor under this Act, to pay for that service,

      • (I) any period of service that may be counted by him as pensionable service pursuant to section 18 of the Canadian Forces Superannuation Act, chapter C-9 of the Revised Statutes of Canada, 1970, or section 42 or sections 43 to 48 of this Act,

      • (J) any period of service in respect of which he was entitled to be paid a return of contributions or other lump sum payment under this Act or Part V of the former Act, if he elects, within one year of subsequently becoming a contributor under this Act, to pay for that service,

      • (K) any period of service described in this paragraph for which he might have elected, under this Act, Part V of the former Act, the Civil Service Superannuation Act, the Public Service Superannuation Act, the Royal Canadian Mounted Police Superannuation Act or any order in council made under The Canadian Forces Act, 1950, as amended by the Canadian Forces Act, 1954, to pay, but for which he failed so to elect within the time prescribed therefor, if he elects, at any time before he ceases to be a member of the regular force, to pay for that service, and

      • (L) any period of service in respect of which the contributor makes an election under subsection 6.1(1), if the contributor elects, at any time before the contributor ceases to be a member of the regular force, to pay for that service.

  • R.S., 1985, c. C-17, s. 6
  • 1992, c. 46, s. 34
  • 1999, c. 34, s. 118
  • 2003, c. 22, s. 136(E)
  • 2012, c. 31, s. 466

Marginal note:Election for absence from duty

  •  (1) Subject to subsection (3), where, under any regulations made under paragraph 50(c), a contributor is required to count as pensionable service for the purposes of this Act a period of service that exceeds three months, the contributor may, notwithstanding those regulations, elect, at the time and in the manner prescribed by the regulations made under paragraph 50.1(1)(b), not to count as pensionable service that portion of the period that is in excess of three months.

  • Marginal note:Contributions not required

    (2) Notwithstanding section 5, a contributor who makes an election under subsection (1) is not required to contribute to the Superannuation Account or the Canadian Forces Pension Fund under that section in respect of the portion of the period to which the election relates.

  • Marginal note:Exception

    (3) A contributor is not entitled to make an election under subsection (1) if

    • (a) the period of service referred to in that subsection ended before the day on which that subsection comes into force; and

    • (b) the contributor has, before that day, made all of the contributions that are required to be made by the contributor to the Superannuation Account in respect of that period.

  • Marginal note:Transitional

    (4) A contributor who makes an election under subsection (1) in respect of a period of service that ended before the day on which that subsection comes into force and who has, before that day, made some but not all of the contributions that are required to be made by the contributor to the Superannuation Account in respect of that period shall, at the time the election is made, cease to be required to make any further contributions to the Superannuation Account in respect of that period and shall count as pensionable service for the purposes of this Act such portion of that period as is prescribed by the regulations.

  • 1992, c. 46, s. 35
  • 1999, c. 34, s. 119
 
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