Retirement Compensation Arrangements Regulations, No. 2 (SOR/95-169)

• 8 (1) Where a participant has made an election under section 13.1 of the Public Service Superannuation Act in respect of a person who became the participant’s spouse after the participant ceased to be employed in the Public Service, the amount of the annual benefit determined under subsection 7(1) shall be reduced by the same proportion, and for the same period, as the participant’s annual allowance is reduced under section 68 of the Public Service Superannuation Regulations.

• (2) The reduction in the amount of the annual benefit referred to in subsection (1) shall be effective on the same day as the reduction calculated under section 68 of the Public Service Superannuation Regulations.

• (3) Where the surviving spouse of a participant is entitled to an immediate annual allowance under subsection 13.1(3) of the Public Service Superannuation Act, the spouse is entitled to an annual benefit equal to the amount determined under subsection 7(1), multiplied by the percentage of the participant’s annual allowance, calculated before any reduction is made under section 68 of thePublic Service Superannuation Regulations, that the spouse will receive as an allowance under section 79 of those Regulations.

Changes in Entitlement

• 9 (1) A participant receiving an annual benefit under these Regulations shall cease to be entitled to receive that benefit on the day on which the participant is re-employed in the Public Service, within the meaning of subsection 3(1) of the Public Service Superannuation Act, and becomes a contributor within the meaning of section 64 of that Act.

• (2) Where a participant’s entitlement to an annual benefit under these Regulations ceases as described in subsection (1), that entitlement will not recommence where the participant subsequently ceases to be employed in the Public Service, within the meaning of subsection 3(1) of the Public Service Superannuation Act.

• 10 (1) Where a participant becomes entitled to an immediate annuity under subparagraph 13(1)(d)(ii) of the Public Service Superannuation Act, the participant ceases to be entitled to an annual benefit under these Regulations.

• (2) Where a participant who ceases to be entitled to an annual benefit as described in subsection (1) becomes entitled to a deferred annuity under section 28 of the Public Service Superannuation Act, the participant shall again become entitled to an annual benefit under these Regulations if the participant exercises the option to receive an annual allowance in accordance with clause 13(1)(c)(ii)(B) or (D) of that Act.

Supplementary Benefits

11 Supplementary benefits shall be paid in respect of periodic payments payable under these Regulations at the same rates and in the same manner as are supplementary retirement benefits under the Supplementary Retirement Benefits Act.

Recovery of Overpayments

12 Where, under these Regulations, an amount has been paid in error to a person, an amount equal to the amount paid in error shall be recovered in the same manner as that specified in section 20 of the Retirement Compensation Arrangements Regulations, No. 1, with such modifications as the circumstances require.

Administration

13 The Minister of Supply and Services shall provide all administrative services necessary for the administration of the retirement compensation arrangement established by section 3.

Time Limitation on Entitlement

14 Notwithstanding anything in these Regulations, a participant is not entitled to an annual benefit under section 4 or 5 unless that participant ceases to be employed in the Public Service on or before October 1, 1998.