An Act to amend the Canadian Forces Superannuation Act and to make consequential amendments to other Acts (S.C. 2003, c. 26)

Assented to 2003-11-07

CONSEQUENTIAL AMENDMENTS

Marginal note:2000, c. 12

Modernization of Benefits and Obligations Act

 Sections 66 and 68 of the Modernization of Benefits and Obligations Act are repealed.

Marginal note:1999 c. 34

Public Sector Pension Investment Board Act

 Subsection 118(2) of the Public Sector Pension Investment Board Act (the “Act”) is repealed.

 Subsection 120(3) of the Act is repealed.

 Sections 128 to 132 of the Act are repealed.

  •  (1) Sections 59.1 and 59.2 of the Canadian Forces Superannuation Act, as enacted by section 154 of the Act, are replaced by the following:

    Marginal note:Regulations

    59.1 The Governor in Council may make regulations respecting the establishment, funding and administration of pension plans for members of the reserve force prescribed in those regulations to provide for the payment of benefits to or in respect of those members, including regulations respecting the crediting of service in the reserve force as pensionable service for the purposes of Part I and the transfer of amounts in respect of such service from the funds established under the regulations to the Canadian Forces Pension Fund and vice versa.

    Marginal note:Contributions by members

    59.2 A member of the reserve force who is subject to a plan established in accordance with this Part is required to contribute, by reservation from pay or otherwise, in accordance with the regulations.

  • (2) Section 59.8 of the Canadian Forces Superannuation Act, as enacted by section 154 of the Act, is repealed.

 Section 160 of the Act is repealed.

 Section 168 of the Act is repealed.

 Clause 6(b)(ii)(O) of the Royal Canadian Mounted Police Superannuation Act, as enacted by subsection 172(4) of the Act, is replaced by the following:

  • (O) subject to the regulations, any period of service in respect of which payment of a commuted value or a transfer value, as the case may be, to a contributor has been effected in accordance with section 12.1 of this Act, section 22 of the Canadian Forces Superannuation Act or section 13.01 of the Public Service Superannuation Act, if the contributor elects, in accordance with the regulations, to pay for that service, and

  •  (1) Subparagraph 11(3)(b)(i) of the Royal Canadian Mounted Police Superannuation Act, as enacted by subsection 178(3) of the Act, is repealed.

  • (2) Paragraph 11(5)(b) of the Royal Canadian Mounted Police Superannuation Act, as enacted by subsection 178(5) of the Act, is replaced by the following:

    • (b) if the contributor has served in the Force for a period equal to or greater than the period prescribed by the regulations for the purposes of paragraph (a) but less than the period prescribed by the regulations for the purposes of paragraph (c), the contributor is entitled to a deferred annuity;

  • (3) Paragraph 11(9)(b) of the Royal Canadian Mounted Police Superannuation Act, as enacted by subsection 178(7) of the Act, is amended by adding the word “or” at the end of subparagraph (iii), by striking out the word “or” at the end of subparagraph (iv) and by repealing subparagraph (v).

  • (4) Subsection 11(11) of the Royal Canadian Mounted Police Superannuation Act, as enacted by subsection 178(7) of the Act, is replaced by the following:

    • Marginal note:Return of contributions

      (11) Despite anything in this section, except as provided for in subsection (2), (7), (8) or (10), a contributor who ceases to be a member of the Force after serving in the Force for a period less than the period prescribed by the regulations for the purposes of paragraph (7)(a) is entitled only to a return of contributions.