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Canadian Forces Superannuation Regulations (C.R.C., c. 396)

Regulations are current to 2021-03-23 and last amended on 2016-06-01. Previous Versions

Benefits (continued)

Annuity Calculation — Reserve Force Service

 For the purposes of paragraph 15(1)(a) of the Act, in the case of a contributor who is or was a member of the reserve force,

  • (a) if the contributor’s pensionable service in a calendar year was service in the reserve force, and the contributor had no days of Canadian Forces service during that pensionable service, the amount of pay received by the contributor in respect of that service is deemed to be zero; and

  • (b) if the pensionable service of a contributor in a calendar year, other than pensionable service referred to in paragraph (a), includes a period during which the number of days of Canadian Forces service is less than the number of days of pensionable service, the amount of pay received by the contributor in respect of the pensionable service in that calendar year shall be calculated as follows:

    A × B/(C + D)

    where

    A
    is the total amount of the pay received by the contributor for the portion of the calendar year that is pensionable service,
    B
    is the number of days of pensionable service of the contributor in the portion of the calendar year that is pensionable service,
    C
    is the number of days of Canadian Forces service of the contributor that are days of service in the reserve force in the portion of the calendar year that is pensionable service, calculated without reference to subsection 3(2), and
    D
    is the number of days of regular force service in the calendar year that are days of pensionable service.
  • SOR/2007-33, s. 9

 If the pensionable service of a contributor in a calendar year includes a period that relates to earnings in respect of which a pensionable earnings election has been made or is a period in respect of which the contributor has made an election under clauses 6(b)(ii)(G) and (H) of the Act, as adapted by subsection 12.2(2), the amount of pay received by the contributor in respect of that period, for the purpose of calculating the average annual pay referred to in paragraph 15(1)(a) of the Act, is the amount that would be calculated as the updated pensionable earnings of a participant under subsection 37(2) of the Reserve Force Pension Plan Regulations for the calendar year if

  • (a) the participant’s pensionable earnings for the calendar year was the contributor’s pay for that period; and

  • (b) the year that the participant most recently ceased to be a participant was the year in which the election is made, or 2007 if the contributor has remained a participant or a member of the regular force from March 1, 2007 to the day of the election.

  • SOR/2007-33, s. 9
  • SOR/2016-64, s. 22(E)
  •  (1) In respect of a contributor who has been a member of the reserve force, the number of years of pensionable service referred to in subparagraph 15(1)(a)(i) or (b)(i), paragraph 15(2)(d) or subsection 25(1) of the Act shall be adjusted in accordance with subsection (2) in respect of any calendar year or portion of a calendar year of pensionable service that

    • (a) came to the contributor’s credit by reason of a election for reserve force service under clauses 6(b)(ii)(G) and (H) of the Act as adapted by subsection 12.2(2) of these Regulations if the contributor opted for a lesser amount under paragraphs 7(1)(g) and (h) of the Act as adapted by subsection 12.4(1) of these Regulations;

    • (b) came to the contributor’s credit under section 10.2, other than service described in paragraph (c), if the contributor did not make the top-up election or opted to pay a lesser amount on the date of the election;

    • (c) came to the contributor’s credit by reason of a pensionable earnings election if the contributor

      • (i) opted at the time of making the election to pay a lesser amount,

      • (ii) failed to make the top-up election under paragraph 14.2(b) in respect of that service, or

      • (iii) made the top-up election but opted to pay a lesser amount under subsection 14.6(2);

    • (d) is service in the reserve force during which the member was considered to be a member of the regular force by virtue of section 8.1;

    • (e) came to the contributor’s credit by reason of a election for reserve force service under clauses 6(b)(ii)(G) and (H) of the Act, as adapted by subsection 12.2(2), if the contributor did not opt, at the time of the election, for a lesser amount;

    • (f) came to the contributor’s credit by reason of a pensionable earnings election if the contributor chose to pay the full amount at the time of the election and in respect of which the contributor later made the top-up election under paragraph 14.2(b) and paid the full amount; and

    • (g) is referred to in paragraph 14.2(a) if the contributor made the top-up election and chose to pay the full amount.

  • (2) The adjustment shall be made by subtracting from the total number of years of pensionable service the total of the values determined by the following formula for each calendar year or portion of a calendar year of pensionable service:

    A/365 × [1 - (B/A × C)]

    where

    A
    is the lesser of 365 and the number of days of pensionable service in the calendar year or portion of it;
    B
    is the lesser of 365 and the number of days of Canadian Forces service completed by the contributor in the calendar year or portion of it;
    C
    is
    • (a) in respect of pensionable service described in paragraph (1)(a), the ratio of the lesser amount to the full amount determined under subsection 12.4(2),

    • (b) in respect of pensionable service described in paragraph (1)(b), the value determined by the formula

      (D + E)/(E + F)

      where

      D
      is
      • (i) where the top-up election was made, the value determined by the formula:

        K × (L/M)

        where:

        K
        is the full amount that would have been calculated under paragraph 14.6(3)(a) in respect of a top-up election made on the first day on which that election could have been made,
        L
        is the lesser amount for which the contributor opted under subsection 14.6(2), and
        M
        is the full amount calculated under subsection 14.6(3),
      • (ii) otherwise, zero,

      E
      is the total of the amounts determined to be the value of A in paragraph 14.6(3)(a) that would have been calculated in respect of a top-up election exercised on the first day on which the contributor would have been entitled to make the election, and
      F
      is the full amount that would have been calculated under paragraph 14.6(3)(a) in respect of a top-up election made on the first day on which that election could have been made,
    • (c) in respect of pensionable service described in paragraph (1)(c), the value determined by the formula

      G/H × (G + I)/(G + J)

      where

      G
      is, if the contributor opted for a lesser amount at the time of making the pensionable earnings election, that amount, or otherwise the amount determined to be the value of H,
      H
      is the full amount determined by the formula in subsection 15(2) of the Reserve Force Pension Plan Regulations,
      I
      is
      • (i) where the top-up election was made and the contributor opted under subsection 14.6(2) for a lesser amount, the value determined by the formula

        N × (O/P)

        where

        N
        is the full amount that would have been calculated under paragraph 14.6(3)(b) in respect of a top-up election made on the first day on which that election could have been made,
        O
        is the lesser amount for which the contributor opted under subsection 14.6(2), and
        P
        is the full amount calculated under subsection 14.6(3);
      • (ii) if the top-up election was not made, zero, or

      • (iii) otherwise, the amount calculated as the value of N in subparagraph (i), and

      J
      is the full amount that would have been calculated under paragraph 14.6(3)(b) in respect of a top-up election made on the first day on which that election could have been made, and
    • (d) in respect of pensionable service described in paragraphs (1)(d) to (g), one.

  • SOR/2007-33, s. 9
  • SOR/2016-64, s. 49

Adjustment — Previous Annual Allowance

  •  (1) The adjustment referred to in subsections 18(4) and 21(2) of the Act shall be made by deducting from the amount of the annuity or annual allowance an amount determined in accordance with the formula

    A × B

    where

    A
    is 5% of the annual allowance that the contributor was receiving before again becoming a member of the regular force or before becoming entitled to a disability pension under the Canada Pension Plan or a provincial pension plan; and
    B
    is the lesser of
    • (a) the number of years, rounded to the nearest 1/10, during which the contributor received the annual allowance, and

    • (b) if the amount of the allowance was determined under

      • (i) subsection 18(2) of the Act, 60 minus the contributor’s age in years, rounded to the nearest 1/10, at the time at which the allowance is payable, or

      • (ii) subsection 18(3) of the Act, the lesser of

        (A)
        the number resulting from the calculation in subparagraph (i), and
        (B)
        the greater of the numbers calculated under subparagraphs 18(3)(b)(i) and (ii) of the Act in the determination of the original allowance.
  • (2) The amount to be deducted under subsection (1) shall not result in the contributor receiving less than the amount of the annual allowance that the contributor was receiving before the contributor again became a member of the regular force or before the contributor became entitled to the disability pension, less any amount that is deducted under subsection 15(2) of the Act.

  • (3) The amount to be deducted under subsection (1) shall not exceed the total amount that was received as an annual allowance by the contributor before the contributor again became a member of the regular force or became entitled to the disability pension.

  • SOR/2007-33, s. 9
 
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