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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

Marginal note:1996, c. 18, s. 31

51. Subsection 13.01(1) of the Act is replaced by the following:

Marginal note:Transfer value

  • 13.01 (1) Despite any other provision of this Act, except subsections 40(7) and 40.2(6), but subject to the regulations, a contributor who has ceased to be employed in the Public Service and is not entitled to an immediate annuity and has to the contributor’s credit two or more years of pensionable service is entitled, in the place of any other benefit under this Act to which the contributor would otherwise be entitled in respect of that period of pensionable service, to a transfer value that is payable to the contributor in accordance with subsection (2).

Marginal note:1996, c. 18, s. 35

52. Paragraph 42.1(1)(v.4) of the Act is replaced by the following:

  • (v.4) respecting the manner of determining the amount of a transfer value within the meaning of section 10, the terms and conditions under which a contributor may become entitled to a transfer value and any other matters that the Governor in Council considers necessary for the purposes of carrying out section 13.01;

53. Subsection 51(4) of the Act is replaced by the following:

  • Marginal note:When regular force participant deemed participant

    (4) Despite anything in this Part, a participant who becomes a regular force participant ceases to be a participant under this Part, but if on ceasing to be a regular force participant they are not entitled to an immediate annuity or an immediate annual allowance under the Canadian Forces Superannuation Act and are entitled to an immediate annuity or an immediate annual allowance under Part I, they are deemed to have elected under subsection (1) to continue to be a participant under this Part.

Marginal note:1992, c. 46, s. 30

54. The portion of subsection 69(6) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Minimum guaranteed amount

    (6) Despite subsections (1), (2) and (5) but subject to section 70, the amount of the supplementary benefit that may be paid for a month in any year to a recipient shall not be less than an amount equal to the difference obtained by subtracting the amount of the pension that may be paid to the recipient for that month in that year from the aggregate of the supplementary benefit and the maximum pension that would have been payable to that recipient for that month in that year, otherwise than pursuant to this section, if the retirement month of the retirement year of the recipient had been that month in such year as is determined by

55. The Act is amended by adding the following after section 71:

Marginal note:Regulations

  • 72. (1) The Governor in Council may make regulations respecting the manner in which and the extent to which any provisions of this Act or of any regulations made under this Act apply in respect of any service in the reserve force of the Canadian Forces of a contributor and adapting any of those provisions for the purposes of that application.

  • Marginal note:Retroactive application of regulations

    (2) Regulations made under subsection (1) may, if they so provide, be retroactive and have effect with respect to any period before they are made.