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

Marginal note:Immediate annuity

• 16. (1) A contributor who ceases to be a member of the regular force and who has to their credit two or more years of pensionable service is entitled to an immediate annuity if

  • (a) they have completed not less than 25 years of Canadian Forces service as prescribed by regulations made under paragraph 50(1)(m);

  • (b) they have reached 60 years of age;

  • (c) they have reached 55 years of age and have to their credit not less than 30 years of pensionable service;

  • (d) they are disabled and have to their credit not less than 10 years of pensionable service; or

  • (e) they cease, otherwise than voluntarily, to be a member of the regular force because of a reduction in the maximum number of officers or non-commissioned members of the regular force authorized by the Governor in Council under section 15 of the National Defence Act or they cease, otherwise than voluntarily, to be a member of the regular force in any circumstances specified by the Treasury Board, and

    • (i) they have reached 55 years of age and have to their credit not less than 10 years of pensionable service, or

    • (ii) they have to their credit not less than 20 years of pensionable service.

• Marginal note:Regulations

  (2) Despite paragraph (1)(a), the Governor in Council may make regulations establishing, for officers, according to their rank, a number of years of Canadian Forces service greater than the minimum number of 25 years referred to in that paragraph and providing for that number to be reduced to 25 years over a maximum period of five years from the coming into force of this section, in the case of

  • (a) contributors who are members of the regular force on the coming into force of this section; and

  • (b) contributors who are entitled to an annuity on the coming into force of this section and who are subsequently re-enrolled in the regular force.

Marginal note:Deferred annuity

17. A contributor who ceases to be a member of the regular force, who has to their credit two or more years of pensionable service and who is not entitled to an immediate annuity, is entitled to a deferred annuity.

Marginal note:Annual allowance

• 18. (1) A contributor who is entitled to a deferred annuity may opt, in accordance with the regulations, for an annual allowance in place of the deferred annuity. The allowance is payable to the contributor

  • (a) immediately, if they are 50 or more years of age when they exercise their option; or

  • (b) on their reaching 50 years of age, if they are less than 50 years of age when they exercise their option.

• Marginal note:Amount of allowance

  (2) The amount of the annual allowance is equal to the amount of the deferred annuity, reduced by the product obtained by multiplying five per cent of the amount of that annuity by the number of years by which the contributor’s age in years, to the nearest one-tenth of a year, at the time the allowance is payable is less than 60.

• Marginal note:Alternative amount

  (3) If a contributor is 50 years or more of age when they cease to be a member of the regular force and has not less than 25 years of pensionable service to their credit, the amount of the annual allowance is the greater of

  • (a) the amount calculated under subsection (2), and

  • (b) the amount of the deferred annuity reduced by the product obtained by multiplying five per cent of the amount of that annuity by the greater of

    • (i) 55 minus the contributor’s age in years at the time they exercise their option, to the nearest one-tenth of a year, and

    • (ii) 30 minus the number of years of pensionable service to their credit, to the nearest one-tenth of a year.

• Marginal note:Adjustment

  (4) If a contributor who was receiving an annual allowance payable under subsection (1) re-enrols in the regular force, the amount of any annuity or annual allowance to which that contributor may become entitled under this Part on again ceasing to be a member of the regular force shall be adjusted in accordance with the regulations to take into account the amount of the annual allowance they have received.