Government Annuities Regulations (C.R.C., c. 879)

Short Title

1 These Regulations may be cited as the Government Annuities Regulations.

Interpretation

2 In these Regulations and in any document or table of rates authorized or approved thereunder,

Act

Act means the Government Annuities Act; (Loi)

Annuity Table for 1983

Annuity Table for 1983 means

• (a) in the case of an individual annuity contract, 1983 Table a published in Transactions of the Society of Actuaries, Vol. XXXIII (1981), at page 708, and

• (b) in the case of a group annuity contract, 1983 Group Annuity Mortality Tables for Males and Females published in Transactions of the Society of Actuaries, Vol. XXXV (1983), at pages 880 and 881. (table de rente pour 1983)

application

application means a document, approved as to form in accordance with section 6, completed and submitted to the Department or Branch by the intended purchaser of an annuity contract; (proposition)

Branch

Branch means the Annuities Branch of the Department; (division)

Commission

Commission[Repealed, SOR/97-495, s. 1]

Department

Department means the Department of Human Resources Development. (ministère)

Director of Annuities

Director of Annuities means the officer of the Branch so designated; (directeur des rentes)

effective date

effective date as applicable to an annuity contract, unless otherwise defined therein, means the date on which the first premium payment is made; (date d’entrée en vigueur)

formal contract

formal contract means a document, approved as to form and executed in accordance with section 6, issued to a purchaser as evidence of annuity contract entered into under the Act; (contrat formel)

formal endorsement

formal endorsement means an endorsement, written upon or attached to a formal contract before or after issue, with the consent of the contracting parties and executed in accordance with section 6. (avenant formel)

Rate of Interest

• 3 (1) The rate of interest to be used in the computation of values in tables for determining the values of annuities, shall be

  • (a) in any case where a contract for the payment of an immediate annuity is entered into under paragraph 4(a) of the Act,

    • (i) if the date of commencement of the annuity is earlier than the annuitant’s fifty-fifth birthday, four per cent, or

    • (ii) if the date of commencement of the annuity is on or after the annuitant’s fifty-fifth birthday, 5 1/4 per cent;

  • (b) in any case where a contract for the payment of a deferred annuity is entered into under paragraph 4(a) of the Act,

    • (i) if the date of commencement of the annuity is deferred for more than five years from the effective date of the contract, four per cent, or

    • (ii) if the date of commencement of the annuity

      • (A) is deferred for five years or less from the effective date of the contract, and

      • (B) is on or later than the annuitant’s fifty-fifth birthday,

      four per cent in respect of the period commencing on the effective date of the contract and terminating on the day immediately preceding the date of commencement of the annuity and five per cent thereafter;

  • (c) in any case where the contract for the payment of an immediate annuity is entered into under paragraph 4(b) of the Act,

    • (i) if the date of commencement of the annuity is earlier than the fifty-fifth birthday of one or both of the annuitants, four per cent, or

    • (ii) if the date of commencement of the annuity is on or later than the fifty-fifth birthday of both of the annuitants, 5 1/4 per cent;

  • (d) in any case where the contract for the payment of a deferred annuity is entered into under paragraph 4(b) of the Act,

    • (i) if the date of commencement of the annuity is deferred more than five years after the effective date of the contract, four per cent, or

    • (ii) if the date of commencement of the annuity

      • (A) is deferred for five years or less from the effective date of the contract, and

      • (B) is on or later than the fifty-fifth birthday of both of the annuitants,

      four per cent in respect of the period commencing on the effective date of the contract and terminating on the day immediately preceding the date of commencement of the annuity and five per cent thereafter;

  • (e) in any case where a group contract for the payment of annuities is entered into under subsection 6(3) of the Act on or after April 1, 1953, five per cent from April 1, 1964;

  • (f) in any case where an employee is registered on or after April 1, 1964, under a contract entered into under subsection 6(3) of the Act before April 1, 1953, four per cent; and

  • (g) in the case of any other contract entered into under the Act on or after April 1, 1964, four per cent.

• (2) Where the date of commencement of a deferred annuity under a contract, the effective date of which is April 1, 1964 or later is changed, the rate of interest applicable to that contract shall be adjusted so that the interest rate payable in respect of the contract is the rate of interest that would have been applicable if the amended date of commencement had been used to determine the rate on the effective date of the contract.

• (3) Interest calculated in accordance with subsections (1) and (2) shall be compounded annually.

• (4) For the purposes of section 15 of the Government Annuities Improvement Act, the liability outstanding at the end of a fiscal year is, in respect of annuities, whether they have become payable or not, the present value of future payments on those annuities, taken at the end of that year based on a rate of interest of 7% per annum and the Annuity Table for 1983, as modified by Projection Scale G published in Transactions of the Society of Actuaries, Vol. XXXV (1983), at pages 882 and 883.

Value of an Annuity

• 4 (1) The mortality tables to be used in the preparation of tables for determining the values of annuities shall be computed as follows:

  • (a) the basic table shall be the Annuity Table for 1949 (without projection) for males and females published in Transactions of the Society of Actuaries Vol. I, pages 386-389,

  • (b) the mortality rates of the Annuity Table referred to in paragraph (a) shall be modified by Projection Scale C, published in Transactions of the Society of Actuaries Vol. IV, page 272, the rates of decrease for intermediate ages being found by direct interpolation between adjacent quinquennial ages, and

  • (c) the modified mortality rates computed in accordance with paragraphs (a) and (b) shall be used to produce a series of generation mortality tables as set forth herein, except that the mortality rate for any age falling in a calendar year prior to 1950 shall be the mortality rate for that age according to the basic table referred to in paragraph (a), and each table shall apply to annuitants born in the calendar years as follows:

    Generation Table in which age 65 occurs in the calendar year	Applies to annuitants born in the calendar years
    1945	1890 and before
    1955	1891-1900
    1965	1901-1910
    1975	1911-1920
    1985	1921-1930
    1995	1931-1940
    2005	1941-1950
    2015	1951-1960
    2025	1961-1970

• (2) In determining the value of an annuity payable in accordance with paragraph 4(b) of the Act, the following modification in the use of the mortality tables computed in accordance with subsection (1) shall apply:

  • (a) where one annuitant is a male and the other is a female the joint annuity required in determining the value of the annuity shall be computed as though the female life belonged to the same generation as the male life, or

  • (b) where both annuitants are of the same sex, the joint annuity required in determining the value of the annuity shall be computed as though both lives belonged to the generation of the older life.

• (3) In determining the values of annuities purchased by group annuity contracts entered into pursuant to subsection 6(3) of the Act, the mortality rates for a male life shall be taken as the rates for the age one year older than the actual age.

• (4) [Repealed, SOR/97-495, s. 3]

• 5 (1) Notwithstanding sections 3 and 4,

  • (a) where a person, prior to April 19, 1948, ceased to be employed by an employer who entered into a contract pursuant to subsection 6(3) of the Act, received from the Minister a statement of the annuity payable to him under the contract containing the following words:

    “This contract witnesseth further that in consideration of the payment of premiums in any other manner than above indicated, such annuity shall be paid at the date of maturity of this contract as such premiums will purchase according to the rates of mortality and interest in effect on the date of inclusion of the annuitant under the Group Annuity Contract, provided, however, that the total annuity payable to the Annuitant hereunder and under any other Canadian Government Annuity Contracts shall not exceed $1,200 per year”

    or words to the like effect, or

  • (b) where a person was included as an employee under such a contract made prior to April 19, 1948, and the contract or the agreement between the employer and his employees pursuant to which the contract was made included the following provision:

    “TERMINATION OF EMPLOYMENT”

    “If for any reason other than his death a member should cease to be employed by the employer before his Normal Retirement Date, the total of the contributions which he has made under the Plan will remain at his credit with the Government, to provide him with an annuity commencing at Normal Retirement Date, or any earlier anniversary thereof.  The member will have the privilege of continuing contributions in order to increase the amount of his annuity”

    or words to the like effect,

  and such person purchased or purchases on his own life an annuity with the same day of commencement and duration as that of the annuity payable to him under the contract referred to in paragraph (a), the rate of interest and the mortality table for computing the purchase price of the annuity purchased by that person shall be the rate of interest and the mortality table authorized for use in computing the purchase price of annuities on the date of his inclusion as an employee under the contract referred to in paragraph (a).

• (2) Subsection (1) applies only if the total annuities payable to a person under the contracts referred to therein would not exceed the maximum amount authorized for payment to any person under the Act at the date of the inclusion of that person as an employee under the contract referred to in paragraph (1)(a).

6 The forms of application and formal contracts and the terms therein contained shall be such as are approved by the Governor in Council and all formal contracts when issued and all formal endorsements added thereto shall be signed by, or bear a facsimile or lithographed signature of the Minister or Deputy Minister and be countersigned by such officer or officers of the Branch as the Minister may direct.

7 The age, identity, existence, death, residence or domicile of persons shall be proven by submission of such documents or other evidence as the Minister requires or directs.

8 The purchaser of a deferred annuity may make payments at an accounting Post Office and when so doing shall be furnished with a passbook in form approved by the Minister, and the postal employee who receives the payments shall enter records thereof in the passbook when the payments are made.

9 All annuities shall be paid monthly unless otherwise agreed upon by the purchaser and the Minister.

10 Moneys repayable under subsection 12(1) of the Act may, at the request of the person entitled to payment and with the concurrence of the Minister, be paid in instalments.

11 Where an annuity contract does not already so provide, the Minister may, upon the written application and consent of the purchaser received before the annuity becomes payable, enter into an agreement with the purchaser varying the terms of the contract

• (a) if the contract is for the life of one annuitant only, to provide an annuity for the life of the annuitant, or for a term of years certain not to exceed 20 years or the life of the annuitant, whichever period is longer, or

• (b) to have the annuity become payable on any future day before or after the day on which the annuity becomes payable under the contract

and the annuity or premiums shall be re-calculated to take into account the variation of such terms.

Minister May Vary Terms

• 12 (1) The Minister may enter into an agreement to vary the terms of a contract for the payment of an annuity entered into under the Act or other authority of Parliament, as follows:

  • (a) in any case where the contract for the payment of the annuity was not entered into pursuant to subsection 6(3) of the Act,

    • (i) where the person who entered into the contract applies therefor to the Minister, to vary the terms of the contract so that the annuitant shall be placed in the same position as if he were the purchaser,

    • (ii) where the purchaser of a deferred annuity under paragraph 4(a) of the Act applies to the Minister, before the annuity becomes payable, to vary the terms of the contract to provide for the payment of the annuity in monthly instalments payable for the period between the date of maturity of the contract and a date within two months immediately following the date the annuitant by reason of age could become eligible to receive a pension under the Old Age Security Act, provided the annuitant shall so long live,

    • (iii) where the person who entered into a contract to purchase a deferred annuity under paragraph 4(b) of the Act applies therefor to the Minister before the annuity becomes payable, to vary the terms of the contract so that the annuity will be payable on the life of one annuitant only,

    • (iv) where the remaining instalments of annuity are payable to the legal representatives of a deceased person, and the said legal representatives apply therefor to the Minister, to pay the remaining instalments of the annuity to a designated person and his legal representatives,

    • (v) where the purchaser of an annuity contract applies to the Minister, before the annuity becomes payable, to vary the terms of the contract to provide for an annuity the amount of which decreases on a specified day, and under which there may be paid an annuity greater than the maximum permitted under the Government Annuities Improvement Act and the Regulations made thereunder between the due date of the first instalment of annuity and the specified day, but in no case shall the annuity agreed to be paid exceed the actuarial equivalent of a constant annuity for the maximum amount so permitted in respect of the annuitant having the same date of commencement and the same term certain, if any, as the annuity payable under the contract,

    • (vi) where the purchaser of an annuity contract applies to the Minister to vary the terms of the contract to provide that if at any time the premiums held to the credit of the contract are not sufficient to purchase an annuity of $120 a year on the life of the annuitant for 20 years certain or for the life of the annuitant, whichever period is the longer, as of the original due date of the first instalment of annuity, as determined under the Act, the purchaser with the concurrence of the annuitant may surrender the rights of the purchaser and the annuitant under the contract in consideration of a single payment being made to the purchaser, without interest, for the period up to and including March 31, 1975 but with interest at the rate of seven per cent per annum for the period commencing April 1, 1975 or the date the premium was paid, whichever is later, to the date of repayment of the refund of the premiums paid under the contract, and

    • (vii) in any other case, in such manner as the Minister deems advisable and Treasury Board approves;

  • (b) where the contract was entered into pursuant to subsection 6(3) of the Act, to provide that the purchaser may, by instrument in writing received by the Minister before the day of commencement of an annuity payable to an annuitant or registered employee, elect

    • (i) that the annuity shall be payable in accordance with any optional type of annuity described in the contract,

    • (ii) that an annuity otherwise payable in accordance with paragraph 4(a) of the Act, shall be payable to the annuitant or registered employee in accordance with paragraph 4(b) of the Act,

    • (iii) that an annuity otherwise payable in accordance with paragraph 4(b) of the Act, shall be payable to the annuitant or registered employee in accordance with paragraph 4(a) of the Act,

    • (iv) to be paid an annuity the amount of which decreases on a specified day and under which there may be paid an annuity greater that the maximum permitted under the Government Annuities Improvement Act and the regulations made thereunder between the due date of the first instalment of annuity and the specified day, but in no case shall the annuity agreed to be paid exceed the actuarial equivalent of a constant annuity for the maximum so permitted in respect of the registered employee having the same date of commencement and the same term certain, if any, as the annuity payable under the contract, or

    • (v) that an annuity otherwise payable in accordance with paragraph 4(a) of the Act shall provide for the payment thereof in monthly instalments payable for the period between the date when the annuity becomes payable under the contract and a date within two months immediately following the date the annuitant or registered employee by reason of age could become eligible to receive a pension under the Old Age Security Act, provided the annuitant or registered employee shall so long live;

  • (c) where the contract was entered into pursuant to subsection 6(3) of the Act, and the purchaser applies therefor to the Minister, to provide

    • (i) for a change in the commencement date of the annuity to be paid to an annuitant or registered employee,

    • (ii) for an increase or decrease in the premium payments to be made with respect to an annuitant or registered employee,

    • (iii) for a change in the conditions whereby premium payments are credited to the accounts of any or all annuitants or registered employees, or

    • (iv) that an annuitant or registered employee shall be placed in the same position with respect to the annuity payable or to become payable to him as if he were the purchaser,

  • (d) where the contract was entered into pursuant to subsection 6(3) of the Act, in any case not provided for in this section, in such manner as the Minister deems advisable and Treasury Board approves; and

  • (e) where, pursuant to section 8 of the Act, an annuity cannot be granted or issued for the reason that accumulated premiums and interest are not sufficient to purchase an annuity greater than $10 a year, to provide for the payment of interest, after April 1, 1975, on such premiums when refunded at the rate of seven per cent per annum to the date of refund.

• (2) Notwithstanding sections 3, 4 and 5, where an application to vary the terms of a contract pursuant to subparagraph (1)(a)(v) is received by the Minister on or after June 10, 1965, the tables set out in Schedule I shall be used to determine the additional annuity payable if the decrease in the amount of the annuity is to take place within two months immediately following the date the annuitant, by reason of age, could become eligible to receive a pension under the Old Age Security Act prior to attaining the age of 70 years.

• (3) Notwithstanding sections 3, 4 and 5, where a purchaser elects that an annuity be paid pursuant to subparagraph (1)(b)(iv), and the first instalment of annuity is paid on or after the date of the coming into force of this subsection, the tables set out in Schedule II shall be used to determine the additional annuity payable if the decrease in the amount of the annuity is to take place within two months following the date the annuitant or registered employee, by reason of age, could become eligible to receive a pension under the Old Age Security Act prior to attaining the age of 70 years.

13 The Minister may enter into an agreement to substitute another contract for a contract for the payment of an annuity entered into under the Act or other authority of Parliament, as follows:

• (a) in any case where the contract for the purchase of the annuity was not entered into pursuant to subsection 6(3) of the Act,

  • (i) where two persons have entered into the contract and those two persons apply to the Minister to delete the name of one of the purchasers from the contract, to substitute another contract for the original contract in the name of one purchaser bearing the same effective date as the original contract, and

  • (ii) in any other case, in such manner as the Minister deems advisable and Treasury Board approves; and

• (b) in any case where the contract was entered into pursuant to subsection 6(3) of the Act

  • (i) where the purchaser ceases to employ registered employees, either in whole or in part, by reason of having disposed of the whole or any part of his undertaking or business and any of the registered employees become employees of the person to whom the purchaser has disposed of his undertaking or business, to provide that the person to whom the purchaser has disposed of his undertaking or business shall stand in the stead of the purchaser and all the rights of the registered employees shall continue as if the undertaking or business or any part thereof had not been disposed of, and

  • (ii) in any other case, in such manner as the Minister deems advisable and Treasury Board approves.

14 The Minister may enter into a contract to provide for the payment of an annuity the amount of which decreases on a day specified in the contract and under which there may be paid an annuity greater than the maximum permitted under the Act between the due date of the first instalment of annuity and the said day, but in no case shall the annuity agreed to be paid exceed the actuarial equivalent of a constant annuity for the maximum amount so permitted in respect of the annuitant, having the same date of commencement and the same term certain, if any, as the annuity payable under the contract.

• 15 (1) The Minister may enter into an agreement with the purchaser to vary the terms of a contract or to include a term in a contract entered into pursuant to subsection 6(3) of the Act, to provide that, where an employee has retired or has otherwise ceased to be employed by his employer and the premiums then held for his account are not sufficient to purchase, pursuant to such options as are available to him, an annuity on his life of $120 a year commencing at normal retirement date, the employee may, at a time stipulated in the agreement, surrender his rights to receive the whole or part of his annuity under the contract in consideration of a single payment being made to him, without interest, of an amount that bears the same ratio to the amount of premiums unconditionally held for his account as the portion of the annuity being surrendered bears to the whole annuity.

• (2) Where an agreement is entered into in accordance with subsection (1), it shall provide that an employee shall not be permitted to make an election thereunder where such election would result in a forfeiture of any employer premiums which would otherwise vest in him at retirement.

• (3) The rate or rates of interest to be used in calculating the annuity that the premiums held for the employee’s account are sufficient to purchase shall be the rate or rates of interest applicable to the annuity contract pursuant to the Act.

• (4) Notwithstanding subsection (1), interest at seven per cent per annum for the period commencing April 1, 1975 or the date the premium was paid, whichever is later, will be added to the premiums being refunded, such interest to be calculated to the date the refund is made.

• (5) The provisions of subsections (3) and (4) shall be made provisions of every contract to which subsection (1) applies.

Conversion of Contract

• 16 (1) Notwithstanding anything in these Regulations, where the Minister has under the Act entered into a contract, the effective date of which is later than May 31, 1920, for payment of a deferred annuity

  • (a) to two persons during their joint lives with continuation to the survivor, or

  • (b) to one person during his lifetime with continuation to another person, if surviving, during his lifetime,

  and one of them dies before the annuity becomes payable, such contract shall, on application in writing by the survivor received by the Minister, be converted into a contract for the payment of an annuity to the said survivor of an amount not exceeding the maximum that might have been paid to him under the original contract.

• (2) Where conversion of a contract is made under subsection (1), the premium shall be recalculated in accordance with the rate of interest and the mortality tables that were in effect at the time the contract was entered into and that would have been applied if the survivor had been the sole annuitant thereunder.

• (3) The conversion of a contract under subsection (1) may be effected by endorsement written upon or attached to the original contract and executed in accordance with section 6.

• (4) Notwithstanding anything in this section, subsection (1) does not apply to contracts designated or engrossed as a deferred last survivor annuity contract, Plan B.

Surrender of Rights and Benefits

• 17 (1) In this section “public service employer” means a Crown corporation as defined in section 76 of the Financial Administration Act (except any such corporation specified in Part I of Schedule A of the Public Service Superannuation Act), the Bank of Canada and the government of a province.

• (2) Where an employee registered under a contract entered into pursuant to subsection 6(3) of the Act becomes

  • (a) a contributor under the Public Service Superannuation Act, or

  • (b) a participant in a superannuation or pension fund or plan for employees of a public service employer,

  he may, with the concurrence of the Minister and the purchaser, surrender all or part of his rights and benefits under the contract in consideration of having an amount that bears the same ratio to the total of the employee premiums and accrued interest and such employer premiums and accrued interest as may be unconditionally held for his account as the portion of the annuity rights and benefits being surrendered bears to the whole annuity transferred to his credit to the Superannuation Account or to the superannuation or pension fund or plan of the public service employer concerned.

• (3) The Minister shall not concur with a surrender mentioned in subsection (1) by a contributor under the Public Service Superannuation Act unless he is satisfied that the contributor will be entitled, upon surrendering all his rights and benefits in accordance with subsection (2) to make a valid election under the Public Service Superannuation Act to count thereunder as pensionable service his service with the purchaser.

• (4) The Minister shall not concur with a surrender mentioned in subsection (1) by a participant in a superannuation or pension fund or plan for employees of a public service employer unless he is satisfied that the participant is eligible to count and does count his service with the purchaser as pensionable service under such superannuation or pension fund or plan.

18 The Minister may enter into an agreement to vary the terms of a contract entered into pursuant to section 4 of the Act, or he may vary the terms of an approved form of contract being entered into pursuant to that section, so that the contract conforms to the requirements of the Income Tax Act respecting a “Registered Retirement Savings Plan” within the meaning of that Act.

Amount Payable

19 Where the amount payable by way of an annuity or annuities to an employee who is registered under an annuity contract mentioned in subsection 6(3) of the Act is increased and that increase is purchased with moneys that have been paid by the employer pursuant to the contract and that would otherwise be refundable under the contract to the employer without interest, the total amount payable by way of an increased annuity or increased annuities may exceed the maximum permitted by subsection 6(1) of the Government Annuities Improvement Act.

20 The amount of the lump sum payment that is payable pursuant to section 9 of the Government Annuities Improvement Act shall be calculated as the value of the remaining instalments that would

• (a) be payable under the contract pursuant to section 5 of the Government Annuities Improvement Act, discounted at the rate of seven per cent per annum, or

• (b) otherwise have been payable under the contract, discounted at the rate or rates of interest applicable to the annuity contract pursuant to the Act,

whichever produces the greater amount.

Death of Annuitant

21 Where the purchaser or an annuitant under an annuity contract dies outside Canada, a grant of letters probate, or similar document of a court or authority outside Canada may be proved by the production of a copy of such document duly certified or authenticated by a judge or officer of that court or authority or a notary public or in such other manner as is acceptable to the Minister.