Pension Benefits Division Regulations (SOR/94-612)

Short Title

1 These Regulations may be cited as the Pension Benefits Division Regulations.

Interpretation

• 2 (1) In these Regulations,

  Act

  Act means the Pension Benefits Division Act; (Loi)

  annuity

  annuity means, in respect of a member, a benefit calculated in accordance with

  • (a) subsection 11(1) of the Public Service Superannuation Act,

  • (b) subsection 15(1) of the Canadian Forces Superannuation Act,

  • (c) subsection 10(1) of the Royal Canadian Mounted Police Superannuation Act,

  • (d) section 14, 15, 16, 17, 36 or 37, or subsection 48(1), as applicable, of the Members of Parliament Retiring Allowances Act,

  • (e) subsection 5(2) of the Diplomatic Service (Special) Superannuation Act,

  • (f) subsection 3(2) of the Lieutenant Governors Superannuation Act,

  • (g) section 6 of the Governor General’s Act,

  • (h) subsection 3(1) of the Defence Services Pension Continuation Act, R.S.C. 1970, c. D-3, in respect of an officer or subsection 13(1) of that Act in respect of a militiaman, and

  • (i) section 10 of the Royal Canadian Mounted Police Pension Continuation Act, R.S.C. 1970, c. R-10, in respect of an officer or subsection 34(1) of that Act in respect of a constable; (rente)

  applicant

  applicant includes a personal representative and a person acting on behalf of an interested party; (demandeur)

  CPP deduction

  CPP deduction means the deduction from a member’s annuity required under the member’s pension plan when the member reaches 65 years of age or is in receipt of a pension by reason of disability under paragraph 44(1)(b) of the Canada Pension Plan or a provision of a similar provincial pension plan; (déduction RPC)

  division annuity

  division annuity means the amount equal to the product of

  • (a) the amount of the member’s annuity determined as if the member ceased to be employed on the earlier of separation day and termination day, and

  • (b) the ratio of the number of years of pensionable service to the credit of the member under the member’s pension plan accrued during the period subject to division to the total number of years of pensionable service to the credit of the member under the member’s pension plan on separation day; (rente de partage)

  division annuity deduction

  division annuity deduction means the amount equal to the product of

  • (a) the amount of the CPP deduction determined as if the member ceased to be employed on the earlier of separation day and termination day, and

  • (b) the ratio of the number of years of pensionable service after 1965 to the credit of the member under the member’s pension plan accrued during the period subject to division to the total number of years of pensionable service after 1965 to the credit of the member under the member’s pension plan on separation day;(déduction de la rente de partage)

  division factor

  division factor means the factor determined in accordance with subsection 19(1); (facteur de partage)

  employed

  employed includes holding an office, being a participant within the meaning of Part I of the Retirement Compensation Arrangements Regulations, No. 1 who is required to contribute to the Retirement Compensation Arrangements Account, being a member of the Senate or the House of Commons or serving in the Canadian Forces or the Royal Canadian Mounted Police; (employé)

  indexed reduction

  indexed reduction means the amount equal to the product of the division factor and the lesser of

  • (a) the indexed division annuity, and

  • (b) the retirement annuity; (réductionindexée)

  indexed reduction adjustment

  indexed reduction adjustment[Repealed, SOR/97-420, s. 1]

  interested party

  interested party means an interested party within the meaning of subsection 5(4) of the Act; (intéressé)

  minimum death benefit

  minimum death benefit means, with respect to a member, the benefit payable under

  • (a) section 27 of the Public Service Superannuation Act,

  • (b) section 38, 39 or 40 of the Canadian Forces Superannuation Act,

  • (c) section 22 of the Royal Canadian Mounted Police Superannuation Act, and

  • (d) section 61 of the Members of Parliament Retiring Allowances Act; (prestation minimale de décès)

  pension

  pension includes a pension, an annual allowance or an annuity payable under a pension plan; (pension)

  recipient

  recipient, in respect of a member, means that the member is

  • (a) a recipient as defined in

    • (i) section 74 of the Canadian Forces Superannuation Act,

    • (ii) section 35 of the Royal Canadian Mounted Police Superannuation Act,

    • (iii) section 64 of the Public Service Superannuation Act, or

    • (iv) section 2 of the Supplementary Retirement Benefits Act, or

  • (b) a member receiving supplementary benefits under Part IV of the Members of Parliament Retiring Allowances Act; (prestataire)

  reduction

  reduction means the amount equal to the product of the division factor and the lesser of

  • (a) the division annuity, and

  • (b) the retirement annuity; (réduction)

  reduction adjustment

  reduction adjustment means the amount equal to the product of the division factor and the retirement annuity deduction; (réduction révisée)

  retirement annuity

  retirement annuity means the amount equal to the product of

  • (a) the amount of the member’s annuity on termination day, and

  • (b) the ratio of the number of years of pensionable service to the credit of the member under the member’s pension plan accrued during the period subject to division to the total number of years of pensionable service to the credit of the member under the member’s pension plan on termination day; (rente de retraite)

  retirement annuity deduction

  retirement annuity deduction means the amount equal to the product of

  • (a) the amount of the CPP deduction, and

  • (b) the ratio of the number of years of pensionable service after 1965 to the credit of the member under the member’s pension plan accrued during the period subject to division to the total number of years of pensionable service after 1965 to the credit of the member under the member’s pension plan on termination day; (déduction de la rente de retraite)

  return of contributions

  return of contributions, with respect to a member of a pension plan provided under

  • (a) the Public Service Superannuation Act, has the same meaning as in subsection 10(1) of that Act,

  • (b) the Canadian Forces Superannuation Act, has the same meaning as in section 10 of that Act,

  • (c) the Royal Canadian Mounted Police Superannuation Act, has the same meaning as in subsection 9(1) of that Act,

  • (d) the Members of Parliament Retiring Allowances Act, means a withdrawal allowance determined in accordance with section 18 or 38 of that Act,

  • (e) the Diplomatic Service (Special) Superannuation Act, means a return of contributions referred to in subsection 5(8) of that Act, and

  • (f) the Lieutenant Governors Superannuation Act, means a return of contributions referred to in subsection 3(4) of that Act; (remboursement de cotisations)

  separation day

  separation day means the day following the last day of the period subject to division; (date de séparation)

  termination day

  termination day means the day a member ceases to be employed; (date de cessation d’emploi)

  valuation day

  valuation day means the day in respect of which the determination of the value of a member’s pension benefits is made pursuant to these Regulations; (date d’évaluation)

  vested

  vested, [Repealed, SOR/2003-408, s. 1]

• (2) For the purposes of these Regulations, a member’s pension plan is the plan in respect of which an application for a division or a request for information has been made.

• (3) For the purposes of these Regulations, pensionable service to the credit of a member under the member’s pension plan accrued during the period subject to division includes

  • (a) all pensionable service that is current service during the period subject to division, less any period of absence on leave without pay;

  • (b) any period of elective service, other than a period described in paragraph (e), to the credit of the member at separation day in the proportion that the contributions in respect of the elective service paid by or on behalf of the member during the period subject to division bears to the total amount of the contributions required to be paid for that elective service;

  • (c) any period of service during which the member was absent on leave without pay in the proportion that the amount of contributions made by or on behalf of the member during the period subject to division bears to the total amount required to be paid by the member for the purpose of considering the total period of leave without pay as pensionable service;

  • (d) any period of pensionable service credited to the member before valuation day by reason of a transfer of funds from another pension plan or pursuant to a reciprocal transfer agreement or a pension transfer agreement in the proportion that the period credited to the member under that other plan in respect of the period subject to division bears to the total period of pensionable service to the credit of the member under the other plan; and

  • (e) any period of service credited to the member before valuation day by reason of an election made under clause 6(1)(b)(iii)(M) of the Public Service Superannuation Act, in the proportion that

    • (i) the period of pensionable service that accrued during the period subject to division that was included in the determination of the transfer value referred to in that clause

    bears to

    • (ii) the total period of pensionable service represented by the payment of that transfer value.

• (4) For the purposes of these Regulations, except section 18, if a member of a pension plan referred to in paragraph (a) of the definition pension plan in section 2 of the Act is subject to a retirement compensation arrangement established under section 10 or 11 of the Special Retirement Arrangements Act and is required to contribute to or is eligible to receive benefits from the Retirement Compensation Arrangements Account, and those benefits are determined by reference to the benefits payable under that pension plan, the pension benefits accrued under that retirement compensation arrangement are considered to have been accrued under that pension plan.