Acts and Regulations

P-26 - Public Service Superannuation Act

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Definitions and interpretation
1(1)In this Act
“annual allowance” means an allowance described in subparagraph 10(1)(c)(ii) or section 10.4 or 10.41;(allocation annuelle)
“benefit” means any immediate pension, annual allowance, surviving spouse’s pension, surviving common-law partner’s pension, children’s pension, other dependant’s pension or payment pursuant to section 20 and includes a return of contribution with or without interest;(prestation)
“Canada Pension plan” means the pension plan provided by the Canada Pension Plan Act (Canada) and any regulations under that Act;(Régime de pensions du Canada)
“casual employee” means an employee, of a Public Service Corporation as defined in section 18, who is deemed by the employer not to be engaged on a full-time basis as a regular employee and a member of the permanent staff;(employé occasionnel)
“child” means a child of the contributor and includes a natural child, stepchild or adopted child;(enfant)
“children’s pension” means a pension described in section 12;(pension d’enfants)
“common-law partner” means(conjoint de fait)
(a) in the case of the death of a contributor, a person who, not being married to the contributor, was cohabiting in a conjugal relationship with the contributor at the time of the contributor’s death and was cohabiting in a conjugal relationship with the contributor for a continuous period of at least 2 years immediately before the contributor’s death, or
(b) in the case of a division of a benefit under section 19.1, a person who, not being married to a contributor or former contributor, was cohabiting in a conjugal relationship with the contributor or former contributor for a continuous period of at least 2 years immediately before the date of the breakdown of their common law partnership;
“common-law partnership” means the relationship between a contributor and his or her common-law partner;(union de fait)
“contributor” means a person required by subsection 3(1) to contribute to the Superannuation Account, and unless the context otherwise requires, a person who, having ceased to be so required to contribute to the Superannuation Account, (cotisant)
(a) continues to be employed in the Public Service,
(b) is receiving benefits under a long-term disability plan approved by the Minister,
(c) has retired, or
(d) has elected to receive a deferred pension;
“deferred pension” means an annual allowance or immediate pension described in paragraph 10(1)(d) or section 10.5;(pension différée)
“deputy head” means deputy head as defined in the Civil Service Act and includes the chief executive officer of any agency as specified by regulation;(administrateur général)
“disability pension” means a pension described in paragraph 10(1)(b);(pension d’invalidité)
“disabled” means, in relation to a contributor, suffering from a physical or mental impairment that prevents the contributor from engaging in any employment for which the contributor is reasonably suited by virtue of the contributor’s education, training or experience and that can reasonably be expected to last for the remainder of the contributor’s lifetime;(invalide)
“full time employment” means employment in the Public Service requiring continuous service in an office or position, where the employee is required to work at least twenty-nine hours per week;(emploi à plein temps)
“immediate pension” means a pension described in section 7;(pension à jouissance immédiate)
“interest” means interest at the rate and calculated in the manner prescribed by regulation;(intérêt)
“Minister” means the Minister of Finance and includes anyone designated by the Minister to act on the Minister’s behalf;(Ministre)
“part time employment” means employment that is not full time employment;(emploi à temps partiel)
“pensionable service” means any period of service to the credit of the contributor under this Act that may be used in the calculation of a benefit;(service ouvrant droit à pension)
“plan governor” means the person who has the overall responsibility for the pension plan established in this Act;(responsable de la gouvernance du régime)
“Public Service” means the several positions in or under any department as defined in the Financial Administration Act and includes any board, commission, corporation, educational institution or portion of the public service as specified by regulation;(services publics)
“return of contributions” means a return of the amount paid by the contributor into the Superannuation Account or any amount paid by him or her into any other account or fund and transferred to the Superannuation Account, with or without interest;(remboursement des cotisations)
“salary” means the compensation received by a person for the performance of the regular duties of a position or office and, where applicable, includes prescribed amounts under the definition “compensation” in subsection 147.1(1) of the Income Tax Act (Canada) that are related to disability and eligible periods of reduced pay and temporary absences and, subject to the regulations, where a person receives only a portion of his or her salary for a period, he or she is deemed, for the purpose of calculating his or her pension contributions, to have received the full salary for that period;(traitement)
“spouse” Repealed: 2008, c.45, s.31
“Superannuation Account” means the account in the Consolidated Fund established pursuant to the Superannuation Act and continued by section 27 of this Act;(compte de pension)
“Superannuation Act” means the Public Service Superannuation Act, chapter 185, Revised Statutes, 1952;(loi sur la pension de retraite)
“surviving common-law partner’s pension” means a pension described in section 11;(pension de conjoint de fait survivant)
“surviving spouse’s pension” means a pension described in section 11;(pension de conjoint survivant)
“Teachers’ Act” means the Teachers’ Pension Act, chapter 225, Revised Statutes, 1952; (loi des enseignants)
“Teachers’ Pension Fund” means the fund established pursuant to subsection 14(1) of the Teachers’ Act and continued by section 26 of the Teachers’ Pension Act;(Caisse de retraite des enseignants)
“widow’s pension” Repealed: 1974, c.41(Supp.), s.1
1(2)For the purpose of any provision of this Act in which reference is made to a person being, reaching or attaining a specified age or being under or over that age, that person shall be deemed to reach or to have reached the specified age at the beginning of the calendar month following the calendar month in which he or she actually reached or will reach that age.
1(3)Repealed: 2008, c.45, s.31
1966, c.23, s.2; 1971, c.58, s.1; 1972, c.57, s.1; 1974, c.41(Supp.), s.1; 1975, c.49, s.1; 1976, c.50, s.1; 1977, c.43, s.1; 1984, c.58, s.1; 1991, c.45, s.1; 1992, c.2, s.52; 1996, c.67, s.1; 1998, c.35, s.4; 1999, c.14, s.1; 2006, c.17, s.2; 2008, c.16, s.1; 2008, c.45, s.31; 2012, c.39, s.125
Definitions and interpretation
1(1)In this Act
“annual allowance” means an allowance described in subparagraph 10(1)(c)(ii) or section 10.4 or 10.41;(allocation annuelle)
“benefit” means any immediate pension, annual allowance, surviving spouse’s pension, surviving common-law partner’s pension, children’s pension, other dependant’s pension or payment pursuant to section 20 and includes a return of contribution with or without interest;(prestation)
“Canada Pension plan” means the pension plan provided by the Canada Pension Plan Act (Canada) and any regulations under that Act;(Régime de pensions du Canada)
“casual employee” means an employee, of a Public Service Corporation as defined in section 18, who is deemed by the employer not to be engaged on a full-time basis as a regular employee and a member of the permanent staff;(employé occasionnel)
“child” means a child of the contributor and includes a natural child, stepchild or adopted child;(enfant)
“children’s pension” means a pension described in section 12;(pension d’enfants)
“common-law partner” means(conjoint de fait)
(a) in the case of the death of a contributor, a person who, not being married to the contributor, was cohabiting in a conjugal relationship with the contributor at the time of the contributor’s death and was cohabiting in a conjugal relationship with the contributor for a continuous period of at least 2 years immediately before the contributor’s death, or
(b) in the case of a division of a benefit under section 19.1, a person who, not being married to a contributor or former contributor, was cohabiting in a conjugal relationship with the contributor or former contributor for a continuous period of at least 2 years immediately before the date of the breakdown of their common law partnership;
“common-law partnership” means the relationship between a contributor and his or her common-law partner;(union de fait)
“contributor” means a person required by subsection 3(1) to contribute to the Superannuation Account, and unless the context otherwise requires, a person who, having ceased to be so required to contribute to the Superannuation Account, (cotisant)
(a) continues to be employed in the Public Service,
(b) is receiving benefits under a long-term disability plan approved by the Minister,
(c) has retired, or
(d) has elected to receive a deferred pension;
“deferred pension” means an annual allowance or immediate pension described in paragraph 10(1)(d) or section 10.5;(pension différée)
“deputy head” means deputy head as defined in the Civil Service Act and includes the chief executive officer of any agency as specified by regulation;(administrateur général)
“disability pension” means a pension described in paragraph 10(1)(b);(pension d’invalidité)
“disabled” means, in relation to a contributor, suffering from a physical or mental impairment that prevents the contributor from engaging in any employment for which the contributor is reasonably suited by virtue of the contributor’s education, training or experience and that can reasonably be expected to last for the remainder of the contributor’s lifetime;(invalide)
“full time employment” means employment in the Public Service requiring continuous service in an office or position, where the employee is required to work at least twenty-nine hours per week;(emploi à plein temps)
“immediate pension” means a pension described in section 7;(pension à jouissance immédiate)
“interest” means interest at the rate and calculated in the manner prescribed by regulation;(intérêt)
“Minister” means the Minister of Finance in the Minister’s capacity as Chairman of the Board of Management and includes anyone designated by the Minister to act on the Minister’s behalf;(Ministre)
“part time employment” means employment that is not full time employment;(emploi à temps partiel)
“pensionable service” means any period of service to the credit of the contributor under this Act that may be used in the calculation of a benefit;(service ouvrant droit à pension)
“plan governor” means the person who has the overall responsibility for the pension plan established in this Act;(responsable de la gouvernance du régime)
“Public Service” means the several positions in or under any department as defined in the Financial Administration Act and includes any board, commission, corporation, educational institution or portion of the public service as specified by regulation;(services publics)
“return of contributions” means a return of the amount paid by the contributor into the Superannuation Account or any amount paid by him or her into any other account or fund and transferred to the Superannuation Account, with or without interest;(remboursement des cotisations)
“salary” means the compensation received by a person for the performance of the regular duties of a position or office and, where applicable, includes prescribed amounts under the definition “compensation” in subsection 147.1(1) of the Income Tax Act (Canada) that are related to disability and eligible periods of reduced pay and temporary absences and, subject to the regulations, where a person receives only a portion of his or her salary for a period, he or she is deemed, for the purpose of calculating his or her pension contributions, to have received the full salary for that period;(traitement)
“spouse” Repealed: 2008, c.45, s.31
“Superannuation Account” means the account in the Consolidated Fund established pursuant to the Superannuation Act and continued by section 27 of this Act;(compte de pension)
“Superannuation Act” means the Public Service Superannuation Act, chapter 185, Revised Statutes, 1952;(loi sur la pension de retraite)
“surviving common-law partner’s pension” means a pension described in section 11;(pension de conjoint de fait survivant)
“surviving spouse’s pension” means a pension described in section 11;(pension de conjoint survivant)
“Teachers’ Act” means the Teachers’ Pension Act, chapter 225, Revised Statutes, 1952; (loi des enseignants)
“Teachers’ Pension Fund” means the fund established pursuant to subsection 14(1) of the Teachers’ Act and continued by section 26 of the Teachers’ Pension Act;(Caisse de retraite des enseignants)
“widow’s pension” Repealed: 1974, c.41(Supp.), s.1
1(2)For the purpose of any provision of this Act in which reference is made to a person being, reaching or attaining a specified age or being under or over that age, that person shall be deemed to reach or to have reached the specified age at the beginning of the calendar month following the calendar month in which he or she actually reached or will reach that age.
1(3)Repealed: 2008, c.45, s.31
1966, c.23, s.2; 1971, c.58, s.1; 1972, c.57, s.1; 1974, c.41(Supp.), s.1; 1975, c.49, s.1; 1976, c.50, s.1; 1977, c.43, s.1; 1984, c.58, s.1; 1991, c.45, s.1; 1992, c.2, s.52; 1996, c.67, s.1; 1998, c.35, s.4; 1999, c.14, s.1; 2006, c.17, s.2; 2008, c.16, s.1; 2008, c.45, s.31
Definitions
1(1)In this Act
“annual allowance” means an allowance described in subparagraph 10(1)(c)(ii) or section 10.4 or 10.41;(allocation annuelle)
“benefit” means any immediate pension, annual allowance, surviving spouse’s pension, children’s pension, other dependant’s pension or payment pursuant to section 20 and includes a return of contribution with or without interest;(prestation)
“Canada Pension plan” means the pension plan provided by the Canada Pension Plan Act (Canada) and any regulations under that Act;(Régime de pensions du Canada)
“casual employee” means an employee, of a Public Service Corporation as defined in section 18, who is deemed by the employer not to be engaged on a full-time basis as a regular employee and a member of the permanent staff;(employé occasionnel)
“child” means a child of the contributor and includes a natural child, stepchild or adopted child;(enfant)
“children’s pension” means a pension described in section 12;(pension d’enfants)
“contributor” means a person required by subsection 3(1) to contribute to the Superannuation Account, and unless the context otherwise requires, a person who, having ceased to be so required to contribute to the Superannuation Account, (cotisant)
(a) continues to be employed in the Public Service,
(b) is receiving benefits under a long-term disability plan approved by the Minister,
(c) has retired, or
(d) has elected to receive a deferred pension;
“deferred pension” means an annual allowance or immediate pension described in paragraph 10(1)(d) or section 10.5;(pension différée)
“deputy head” means deputy head as defined in the Civil Service Act and includes the chief executive officer of any agency as specified by regulation;(administrateur général)
“disability pension” means a pension described in paragraph 10(1)(b);(pension d’invalidité)
“disabled” means, in relation to a contributor, suffering from a physical or mental impairment that prevents the contributor from engaging in any employment for which the contributor is reasonably suited by virtue of the contributor’s education, training or experience and that can reasonably be expected to last for the remainder of the contributor’s lifetime;(invalide)
“full time employment” means employment in the Public Service requiring continuous service in an office or position, where the employee is required to work at least twenty-nine hours per week;(emploi à plein temps)
“immediate pension” means a pension described in section 7;(pension à jouissance immédiate)
“interest” means interest at the rate and calculated in the manner prescribed by regulation;(intérêt)
“Minister” means the Minister of Finance in the Minister’s capacity as Chairman of the Board of Management and includes anyone designated by the Minister to act on the Minister’s behalf;(Ministre)
“part time employment” means employment that is not full time employment;(emploi à temps partiel)
“pensionable service” means any period of service to the credit of the contributor under this Act that may be used in the calculation of a benefit;(service ouvrant droit à pension)
“plan governor” means the person who has the overall responsibility for the pension plan established in this Act;(responsable de la gouvernance du régime)
“Public Service” means the several positions in or under any department as defined in the Financial Administration Act and includes any board, commission, corporation, educational institution or portion of the public service as specified by regulation;(services publics)
“return of contributions” means a return of the amount paid by the contributor into the Superannuation Account or any amount paid by him into any other account or fund and transferred to the Superannuation Account, with or without interest;(remboursement des cotisations)
“salary” means the compensation received by a person for the performance of the regular duties of a position or office and, where applicable, includes prescribed amounts under the definition “compensation” in subsection 147.1(1) of the Income Tax Act (Canada) that are related to disability and eligible periods of reduced pay and temporary absences and, subject to the regulations, where a person receives only a portion of his or her salary for a period, he or she is deemed, for the purpose of calculating his or her pension contributions, to have received the full salary for that period;(traitement)
“spouse” means spouse as defined in the Income Tax Act (Canada), but, for the purposes of a void or voidable marriage, does not include a reference to any provision of that Act contained in that definition;(conjoint)
“Superannuation Account” means the account in the Consolidated Fund established pursuant to the Superannuation Act and continued by section 27 of this Act;(compte de pension)
“Superannuation Act” means the Public Service Superannuation Act, chapter 185, Revised Statutes, 1952;(loi sur la pension de retraite)
“surviving spouse’s pension” means a pension described in section 11;(pension de conjoint survivant)
“Teachers’ Act” means the Teachers’ Pension Act, chapter 225, Revised Statutes, 1952; (loi des enseignants)
“Teachers’ Pension Fund” means the fund established pursuant to subsection 14(1) of the Teachers’ Act and continued by section 26 of the Teachers’ Pension Act;(Caisse de retraite des enseignants)
“widow’s pension” Repealed: 1974, c.41(Supp.), s.1
Determination of age
1(2)For the purpose of any provision of this Act in which reference is made to a person being, reaching or attaining a specified age or being under or over that age, that person shall be deemed to reach or to have reached the specified age at the beginning of the calendar month following the calendar month in which he actually reached or will reach that age.
Application of definition “spouse” in relation to the University of New Brunswick and its academic employees
1(3)The definition “spouse” in subsection (1) applies in relation to the academic employees of the University of New Brunswick, as defined in subsection 26.1(1), who have to their credit pensionable service under this Act before January 1, 1993, and to the University of New Brunswick in respect of such academic employees.
1966, c.23, s.2; 1971, c.58, s.1; 1972, c.57, s.1; 1974, c.41(Supp.), s.1; 1975, c.49, s.1; 1976, c.50, s.1; 1977, c.43, s.1; 1984, c.58, s.1; 1991, c.45, s.1; 1992, c.2, s.52; 1996, c.67, s.1; 1998, c.35, s.4; 1999, c.14, s.1; 2006, c.17, s.2; 2008, c.16, s.1
Definitions
1(1)In this Act
“annual allowance” means an allowance described in subparagraph 10(1)(c)(ii) or section 10.4 or 10.41;(allocation annuelle)
“benefit” means any immediate pension, annual allowance, surviving spouse’s pension, children’s pension, other dependant’s pension or payment pursuant to section 20 and includes a return of contribution with or without interest;(prestation)
“Canada Pension plan” means the pension plan provided by the Canada Pension Plan Act (Canada) and any regulations under that Act;(Régime de pensions du Canada)
“casual employee” means an employee, of a Public Service Corporation as defined in section 18, who is deemed by the employer not to be engaged on a full-time basis as a regular employee and a member of the permanent staff;(employé occasionnel)
“child” means a child of the contributor and includes a natural child, stepchild or adopted child;(enfant)
“children’s pension” means a pension described in section 12;(pension d’enfants)
“contributor” means a person required by subsection 3(1) to contribute to the Superannuation Account, and unless the context otherwise requires, a person who, having ceased to be so required to contribute to the Superannuation Account, (cotisant)
(a) continues to be employed in the Public Service,
(b) is receiving benefits under a long-term disability plan approved by the Minister,
(c) has retired, or
(d) has elected to receive a deferred pension;
“deferred pension” means an annual allowance or immediate pension described in paragraph 10(1)(d) or section 10.5;(pension différée)
“deputy head” means deputy head as defined in the Civil Service Act and includes the chief executive officer of any agency as specified by regulation;(administrateur général)
“disability pension” means a pension described in paragraph 10(1)(b);(pension d’invalidité)
“disabled” means incapable of pursuing regularly any substantially gainful employment;(invalide)
“full time employment” means employment in the Public Service requiring continuous service in an office or position, where the employee is required to work at least twenty-nine hours per week;(emploi à plein temps)
“immediate pension” means a pension described in section 7;(pension à jouissance immédiate)
“interest” means interest at the rate and calculated in the manner prescribed by regulation;(intérêt)
“Minister” means the Minister of Finance in the Minister’s capacity as Chairman of the Board of Management and includes anyone designated by the Minister to act on the Minister’s behalf;(Ministre)
“part time employment” means employment that is not full time employment;(emploi à temps partiel)
“pensionable service” means any period of service to the credit of the contributor under this Act that may be used in the calculation of a benefit;(service ouvrant droit à pension)
“plan governor” means the person who has the overall responsibility for the pension plan established in this Act;(responsable de la gouvernance du régime)
“Public Service” means the several positions in or under any department as defined in the Financial Administration Act and includes any board, commission, corporation, educational institution or portion of the public service as specified by regulation;(services publics)
“return of contributions” means a return of the amount paid by the contributor into the Superannuation Account or any amount paid by him into any other account or fund and transferred to the Superannuation Account, with or without interest;(remboursement des cotisations)
“salary” means the compensation received by a person for the performance of the regular duties of a position or office during any period of service, and, subject to the regulations, where a person receives only a portion of his salary for a period, he is deemed, for the purpose of calculating his pension contributions, to have received the full salary for that period;(traitement)
“spouse” means spouse as defined in the Income Tax Act (Canada), but, for the purposes of a void or voidable marriage, does not include a reference to any provision of that Act contained in that definition;(conjoint)
“Superannuation Account” means the account in the Consolidated Fund established pursuant to the Superannuation Act and continued by section 27 of this Act;(compte de pension)
“Superannuation Act” means the Public Service Superannuation Act, chapter 185, Revised Statutes, 1952;(loi sur la pension de retraite)
“surviving spouse’s pension” means a pension described in section 11;(pension de conjoint survivant)
“Teachers’ Act” means the Teachers’ Pension Act, chapter 225, Revised Statutes, 1952; (loi des enseignants)
“Teachers’ Pension Fund” means the fund established pursuant to subsection 14(1) of the Teachers’ Act and continued by section 26 of the Teachers’ Pension Act;(Caisse de retraite des enseignants)
“widow’s pension” Repealed: 1974, c.41(Supp.), s.1
Determination of age
1(2)For the purpose of any provision of this Act in which reference is made to a person being, reaching or attaining a specified age or being under or over that age, that person shall be deemed to reach or to have reached the specified age at the beginning of the calendar month following the calendar month in which he actually reached or will reach that age.
Application of definition “spouse” in relation to the University of New Brunswick and its academic employees
1(3)The definition “spouse” in subsection (1) applies in relation to the academic employees of the University of New Brunswick, as defined in subsection 26.1(1), who have to their credit pensionable service under this Act before January 1, 1993, and to the University of New Brunswick in respect of such academic employees.
1966, c.23, s.2; 1971, c.58, s.1; 1972, c.57, s.1; 1974, c.41(Supp.), s.1; 1975, c.49, s.1; 1976, c.50, s.1; 1977, c.43, s.1; 1984, c.58, s.1; 1991, c.45, s.1; 1992, c.2, s.52; 1996, c.67, s.1; 1998, c.35, s.4; 1999, c.14, s.1; 2006, c.17, s.2