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1996-006-e.html

SUPERANNUATION ADMINISTRATION MANUAL
SPECIAL BULLETIN: 1996-006



July 4, 1996



SUBJECT: Changes to the Public Service Superannuation Act (PSSA)

1

PURPOSE

1.1 The purpose of this Bulletin is to provide Personnel Offices with information regarding changes to the Public Service Superannuation Act (PSSA) which took effect on June 20, 1996.
2

POLICY

2.1 Bill C-31, which received Royal Assent on June 20, 1996 provides for certain changes to the PSSA. Some of these changes will take effect on Royal Assent of the Bill, while others must await the necessary Regulations, as described later in this Bulletin.
2.2 The changes involve i) vesting under the PSSA after two years of pensionable service, ii) the reduction of the lock-in period to two years, subject to a transitional period, iii) a change to the way interest is payable on a return of contributions (ROC) and iv) the introduction of a new Transfer Value option, described later in this Bulletin.
2.3 Full details of the Transfer Value will be outlined after the passage of the necessary Regulations, which will probably take place later this Fall.
2.4 Attached to this Bulletin is a list of Questions and Answers to assist in responding to employees' questions regarding these changes.
3

PROCEDURES

3.1 Two year vesting
3.1.1 An employee who terminates before June 20, 1996 who has, on termination, less than five years of pensionable service to his credit is entitled to a Return of Contributions (ROC).
3.1.2 An employee who terminates on or after June 20, 1996, and who has, on termination, less than two years of pensionable service to his credit is entitled to a Return of Contributions (ROC).
3.1.3 A PSSA member who cannot accumulate two years of pensionable service because he has more than thirty-three years of pensionable service under the CFSA or RCMPSA can become entitled to a PSSA pension based on less than two years of pensionable service. This is similar to the provision that had existed for these employees when the threshold was five years.
3.1.4 An employee who terminates on or after June 20, 1996, who has two or more years of pensionable service to his credit is entitled to opt for a PSSA pension benefit. The employee must complete a PWGSC-TPSGC 2011 indicating the choice of PSSA benefits. If the employee does not complete an option within one year of termination, he will be deemed to have chosen a Deferred Annuity. The PWGSC-TPSGC 2011 will be modified to include these new requirements; however, until the revised version of the form is available, Compensation Specialists should continue to use the current form.
3.1.5 Where an employee with two or more years of pensionable service terminates on or after June 20, 1996, he is entitled to make a pension option. If the employee wishes to receive an ROC, and is entitled to an ROC payment (that is the employee is not "locked-in") the ROC must not be requested until the employee completes the PWGSC-TPSGC 2011. Any request for an ROC payment where the employee has two or more years of pensionable service will be returned to the employing Department or Agency for the employee to complete the PWGSC-TPSGC 2011.
3.1.6 It is important that all employees with at least two years of pensionable service are advised of their right to a pension option. These employees have the same options as were formerly available to employees with at least five years of pensionable service credit.
3.1.7 Terminating employees should also be made aware of the new Transfer Value option, even though the payment of a Transfer Value cannot be made until the necessary Regulations are in place. A Transfer Value payment will (normally) be greater than an ROC payment, and sometimes can be substantially larger than an ROC.

Employees must be made aware that the option will become available on June 20, 1996. They may wish to delay making a benefit option until the full details regarding the Transfer Value are in place and Compensation Specialists are provided with the Systems necessary to provide an estimate. (see Section 3.4). At that time, an eligible employee can then determine whether he wishes to opt for an ROC, the normal PSSA options, or a Transfer Value.

3.1.8 Alternatively, the employee may opt on termination, for a Deferred Annuity (DA), and once the Transfer Value option becomes operative, the employee will be given a one year opportunity to change the option to a Transfer Value benefit, (providing the employee meets the eligibility requirements, as described in Section 3.4). An employee who opts for a DA should be made aware that although he may later change his option to a Transfer Value (if eligible), he will not be able to receive an ROC payment.
3.1.9 Where an employee dies in service on or after June 20, 1996, with at least two years of pensionable service to his credit, eligible survivors, i.e. the spouse and/or children, are entitled to a continuing pension benefit, rather than to an ROC. If there are no surviving spouse or children, a five year minimum benefit is payable.
3.1.10 Compensation Specialists must also ensure that any Pension Division estimate for a member with at least two years of pensionable service credit is calculated based on the fact that the member is vested.
3.1.11 The Pension Quotation System does not calculate a pension benefit for an employee with less than five years of pensionable service credit. Until the Pension Support System (PSS) is available later this Fall, pension estimates will have to be calculated using the Retirement Benefits Termination System (RBTS), or calculated manually. A notice will be sent to Compensation Specialists once the Pension Support System is operational.
3.1.12 Employees must now have been a Supplementary Death Benefit (SDB) participant for at least two years, or have two years of substantially continuous employment, rather than five, in order to continue SDB coverage after termination.
3.1.13 Coverage will continue automatically for an eligible employee with an immediate annuity. Other employees, including employees with an entitlement to an Annual Allowance (either reduced or unreduced) must complete the election form PWGSC-TPSGC 2017 if they wish to continue SDB coverage.
3.2 Two year lock-in
3.2.1 Employees who become PSSA members on or after June 20, 1996 will be locked-in as soon as they have accumulated two years of pensionable service.
3.2.2 Employees who were contributors on June 20, 1996 will be locked-in the earlier of: i) two years from that date or ii) when they reach the previous 45 and 10 threshold (i.e. age 45 and 10 years of pensionable service).
3.2.3 A locked-in employee is not entitled to a return of pension contributions. A locked-in employee may, on termination, opt for a pension benefit (immediate or deferred, depending on the employee's age), or may opt for the Transfer Value payment.
3.2.4 An employee who terminates voluntarily with less than two years of substantially continuous employment, is entitled to only an ROC, even though he may have a total of current and elective service in excess of two years (see SAM 4.3.6).
3.3 Interest on a Return of Contributions
3.3.1 Effective from January 1, 1997, interest on an ROC payment will be the interest rate earned by the PSS Account and will be credited quarterly rather than annually.
3.3.2 Contributions and interest to an employee's credit on December 31, 1996 will be credited with the new interest rate starting on March 31, 1997 and each quarter thereafter.
3.3.4 A Return of Contributions will be available to only the following employees: i)employees with less than two years of pensionable service, ii) employees who have two or more years of pensionable service, but who do not meet the two year current service requirement, iii) employees who have more than two years of pensionable service, but who are not yet locked-in and who opt for an ROC, and iv) employees who are terminated for reasons of misconduct and have requested an ROC payment.
3.4 Transfer Value payments

SPECIFIC DETAILS REGARDING THE TRANSFER VALUE WILL BE PROVIDED ONCE THE REGULATIONS ARE PASSED. THE FOLLOWING INFORMATION IS FOR GENERAL PURPOSES ONLY AND MAY CHANGE ONCE THE APPROPRIATE REGULATIONS ARE IN PLACE

3.4.1 The Transfer Value option will not be fully operative until the necessary Regulations are in place. Detailed advice regarding the Transfer Value will be provided in a further Bulletin at that time. The following information is provided so that Compensation Specialists are aware of the general information relating to the Transfer Value option.
3.4.2 An employee who terminates on or after June 20, 1996 and who is interested in the Transfer Value option may wish to delay opting for a pension benefit until the Transfer Value Regulations are in place and Compensation Specialists are provided with the information and Systems necessary to provide Transfer Value estimates. Alternatively, the employee may wish to opt for a Deferred Annuity (see 3.1.6 and 7 of this Bulletin), pending the effective date of the Transfer Value Regulations.
3.4.3 It is expected that employees who have already terminated, and who have opted for a Deferred Annuity (DA) will be given a one year opportunity to change their option to a Transfer Value, providing they are eligible.
3.4.4 The Transfer Value is an actuarial value of the member's accrued pension benefits calculated in accordance with generally accepted actuarial principles. The Transfer Value will never be less than the amount of the employee's own contributions plus interest.
3.4.5 Once the Regulations for the Transfer Value are in place, the normal option period for choosing that benefit will be one year from date of termination, the same as for regular PSSA options.
3.4.6 A Transfer Value payment must be transferred to a locked-in RRSP or other such vehicle. The types of financial vehicles that will be acceptable for Transfer Value purposes will be described in a later Bulletin.
3.4.7 The Transfer Value will include periods of pensionable LWOP and any outstanding deficiencies will be deducted from the payment. However, where an employee has elective service, it is expected that only the portion of elective service that has been fully paid when the Transfer Value option is made will be included in the Transfer Value calculation. Further details on this will be provided in a subsequent Bulletin.
3.4.8 The Regulations will specify who is eligible to opt for a Transfer Value. It is anticipated that a Transfer Value will be available to a vested employee who at termination, or date of option, is not entitled to pension benefit payable immediately, either an Annual Allowance or an immediate annuity. In other words, an employee who terminates, or opts for a benefit, on or after age 50 would not likely be eligible for a Transfer Value.
3.4.9 Compensation Specialists will be provided with the tools and instructions necessary to provide an estimate of the Transfer Value once all of the necessary Systems and Training packages are developed.
3.4.10 An employee who terminates and receives a Transfer Value payment, could upon return to the Public Service as a PSSA contributor, elect for that service. The cost of such a re-instatement will be described in a later Bulletin.
3.4.11 Where a Reciprocal Transfer Agreement exists, an employee can continue to transfer to or from an outside employer. The method of determining the amounts of funds to be transferred will change in the future to more closely reflect the new Transfer Values. More detail will be provided when these changes take effect.
4

INQUIRIES

4.1 Any request for information regarding the foregoing should be addressed to your PWGSC Client Services Centre.

Original Signed by
J.A. Boudreau



P. Charko
Director General
Compensation Sector
Government Operational Service

QUESTIONS AND ANSWERS

1. WHAT DOES "VESTING" MEAN?

For purposes of the Public Service Superannuation Act (PSSA), "vesting" means that an employee, or survivors, could become entitled, on the employee's termination or death, to a PSSA pension ot its value rather than to a return of PSSA contributions plus interest.

2. WHAT DOES THE CHANGE TO "TWO YEAR VESTING" MEAN?

In the past an employee was (normally) required to have five years of pensionable service to his credit, at termination, in order to be eligible to opt for a pension benefit other than a Return of Contributions (ROC). With "two year vesting", an employee who, at termination, has at least 2 years of pensionable service to his credit will be eligible to opt for a PSSA benefit other than a ROC.

3. WHAT PLAN MEMBERS ARE AFFECTED BY THIS CHANGE?

Plan members who terminate employment, or die, on or after June 20, 1996 are affected by this change.

4. WHAT BENEFITS ARE AVAILABLE TO EMPLOYEES WITH TWO OR MORE YEARS OF PENSIONABLE SERVICE CREDIT?

Pension benefits that were previously available to employees with at least five years of pensionable service are now available to employees with at least two years of pensionable service. These include an option for an immediate annuity, annual allowance, deferred annuity, or the new "Transfer Value" option.

5. ARE EMPLOYEES WITH TWO OR MORE YEARS OF PENSIONABLE SERVICE CREDIT ELIGIBLE FOR THE EARLY RETIREMENT INCENTIVE (ERI) PROGRAM?

Employees with two or more years of pensionable service will be eligible for the ERI Program providing they meet the requirements for the ERI as described in the Superannuation Administration Manual 4.3.4.

6. WHAT SURVIVOR BENEFITS ARE AVAILABLE WHERE AN EMPLOYEE DIES WITH TWO OR MORE YEARS OF PENSIONABLE SERVICE CREDIT?

The survivor benefits that were previously available to eligible survivors of members with at least five years of pensionable service are now available where the employee dies in service on or after June 20, 1996 and had at least two years of pensionable service credit. These include the pension benefit payable to a spouse, children or students, and the five year minimum benefit payment.

7. DOES TWO YEAR VESTING CHANGE THE WAY THAT PENSION BENEFITS ARE CALCULATED?

No. The PSSA pension benefit is still based on 2% x the average salary x the employee's pensionable service credit. The average salary continues to be based on the best six consecutive years of pensionable service. Where the employee has less than 6 years of pensionable service, the average salary is based on the total salary/total service.

8. HOW ARE FORMER CFSA OR RCMPSA PENSIONERS WHO ARE NOW UNDER THE PSSA IMPACTED BY THIS CHANGE?

A PSSA member who cannot accumulate two years of pensionable service because he has more than thirty-three years of pensionable service under the CFSA or RCMPSA can become entitled to a PSSA benefit based on less than two years of pensionable service. This is similar to the provision that existed for these employees where the threshold was five years.

9. IS SUPPLEMENTARY DEATH BENEFIT COVERAGE (SDB) AFFECTED BY THIS CHANGE?

The only change to the SDB is that employees must now have been an SDB participant for at least two years, or have two years of substantially continuous employment, rather than five, in order to continue SDB coverage after termination. Coverage will continue automatically for an eligible employee with an immediate annuity. Other employees, including employees with an entitlement to an Annual Allowance (either reduced or unreduced) must complete an election if they wish to continue SDB coverage.

10. WHAT DOES "TWO YEAR LOCK-IN" MEAN?

In the past, an employee's PSSA contributions were "locked-in" when the employee had reached the 45 and 10 threshold (i.e. age 45 with at least 10 years of pensionable service). When an employee was "locked-in", his pension contributions were retained in the PSSA to provide a pension benefit.

Under the new requirements, subject to the two year current service requirement and a transitional period, an employee who has at least two years of pensionable service will be locked-in. A locked-in employee may opt for the normal PSSA pension benefits, or, if eligible may elect for a Transfer Value payment.

11. WHAT IS THE TRANSITIONAL PERIOD?

An employee who was a PSSA contributor on June 20, 1996, will be locked-in on June 20, 1998, or on reaching the previous 45 and 10 threshold, whichever is earlier. New employees will be locked-in as soon as they have accumulated at least two years of pensionable service credit.

12. DOES THE TWO YEAR CURRENT SERVICE REQUIREMENT CONTINUE TO APPLY?

Yes. Where an individual voluntarily terminates and was not employed, substantially without interruption, for a period of two years immediately prior to termination, he is entitled only to a return of contributions.

13. WHAT HAPPENS WHEN AN EMPLOYEE IS LOCKED-IN?

An employee who is locked-in is not entitled to an ROC payment. The employee has a choice, at termination, of opting for a continuing pension benefit, either immediate or deferred, or, if eligible may opt for the new Transfer Value benefit.

14. WHICH EMPLOYEES WILL CONTINUE TO BE ENTITLED TO AN ROC?

A Return of Contributions plus interest will normally be payable only to non-vested employees, that is to employees with less than two years of pensionable service credit. However, during the Transitional period, employees who are vested but not yet locked-in, (i.e. have not reached the 45 and 10 threshold), will still be able to opt for a ROC. As well, an employee who does not meet the two year current service requirement, as described in the Superannuation Administration Manual 4.3.6, is entitled to only a Return of Contributions.

15. HOW IS INTEREST ON A RETURN OF CONTRIBUTIONS CALCULATED?

Effective from January 1, 1997, there will be a change to the way interest on employee contributions is calculated. Interest will be earned and credited quarterly, instead of annually and will be based on the rate of interest earned by the pension fund rather than 4%.

16. WHAT IS A TRANSFER VALUE?

A Transfer Value is a lump sum payment representing the value of a contributor's pension benefits. A Transfer Value payment must be transferred to a locked-in RRSP or fund, another Registered Pension Plan, or to a financial institution to purchase an annuity. The types of financial vehicles that will be acceptable for Transfer Value purposes will be described in a later Bulletin.

17. WHAT IS THE DIFFERENCE BETWEEN AN ROC AND A TRANSFER VALUE?

The Transfer Value is an actuarial value transfer and would normally be a larger payment than a simple ROC. However, a Transfer Value payment must be deposited directly to a locked-in vehicle to provide the member with an eventual pension benefit.

18. WHO WILL BE ENTITLED TO A TRANSFER VALUE PAYMENT?

The Transfer Value option will not be fully operative until the necessary Regulations have been developed. The Transfer Value will be available to eligible employees who terminate on or after June 20, 1996. In addition, it is expected that an employee who terminated this date and had chosen a Deferred Annuity will be given a one year opportunity to change that option to a Transfer Value as long as all other requirements are met.

19. WHO IS AN "ELIGIBLE EMPLOYEE" FOR TRANSFER VALUE PURPOSES?

The Regulations will specify who is eligible to opt for a Transfer Value. It is anticipated that a Transfer Value will be available to a vested employee who at termination is not entitled to an immediate pension benefit, either an Annual Allowance or an immediate annuity.

20. WHICH EMPLOYEES WILL NOT BE ELIGIBLE FOR A TRANSFER VALUE?

In general, the following employees would not be eligible to opt for a transfer value: i) an employee who terminates prior to June 20, 1996; ii) an employee who terminates after June 20, 1996 with less than two years of pensionable service credit; iii) an employee who terminates on or after age 50; iv) an employee who terminates for reasons of disability and has applied and is eligible for a PSSA disability benefit (such an employee could choose not to opt for a PSSA disability benefit however, and could, if eligible, opt for a Transfer Value).

21. CAN AN EMPLOYEE WHO TERMINATED BEFORE JUNE 20, 1996 NOW CHOOSE A TRANSFER VALUE PAYMENT?

An employee who terminated before June 20, 1996 and has already received a return of pension contributions, or whose only entitlement is an ROC cannot now receive a Transfer Value payment in respect of that period of service. It is anticipated that an employee who had opted for a Deferred Annuity however, may, if eligible, change that option to a Transfer Value payment once the appropriate Regulations are in place.

22. CAN AN EMPLOYEE WHO TERMINATES BEFORE THE NECESSARY REGULATIONS ARE PASSED NOW OPT FOR A TRANSFER VALUE?

The Transfer Value will not be fully operative until the Regulations are in place. An eligible employee who is interested in a Transfer Value option should consider a delay making his pension option until the Transfer Value Regulations are passed. An eligible employee could also opt for a DA, and if eligible, change the option to a Transfer Value payment once the Regulations are in place. At this time, Compensation Specialists will not be in a position to provide an estimate of the Transfer Value for employees to make their decisions.

23. WILL THE TRANSFER VALUE OPTION BE IRREVOCABLE?

Yes. Like other PSSA options, the Transfer Value option is an irrevocable option.

24. HOW IS THE TRANSFER VALUE CALCULATED?

The Transfer Value is an actuarial value of the member's accrued pension benefits including indexing benefits. The actuarial present value is the lump sum equivalent of the future benefits expected to be paid, and is calculated in accordance with generally accepted actuarial principles. The Transfer Value will never be less than the amount of the employee's contributions plus interest.

25. WILL THE COMPENSATION SPECIALISTS BE ABLE TO PROVIDE AN ESTIMATE OF THE ACTUARIAL VALUE?

Systems are being developed to provide Compensation Specialists with a facility to calculate the Transfer Value. The Transfer Value is an actuarial value transfer; Compensation Specialists will not be able to perform the calculation manually. Estimates of the Transfer Value will have to wait until the automated facility is developed.

26. IS ELECTIVE SERVICE INCLUDED IN THE TRANSFER VALUE CALCULATION?

Only the "paid up" portion of the elective service is included in the Transfer Value. This is different from a continuing pension benefit such as an immediate annuity where the full service is included and the arrears payments continue from the pension. In the Transfer Value calculation, if the employee had past service, first a calculation is performed to determine what portion of the service has been paid for. Only that "paid-up" portion of service is included in the Transfer Value payment.

27. HOW WILL LEAVE WITHOUT PAY (LWOP) BE TREATED?

Periods of pensionable Leave Without Pay will be included in the Transfer Value calculation, unless the employee opted not to count the LWOP as pensionable. Any outstanding LWOP deficiencies will be deducted from the Transfer Value Payment.

28. HOW IS THE TRANSFER VALUE PAID OUT?

The Transfer Value will be paid out as a lump sum, and must be transferred directly to a locked-in RRSP, another Registered Pension Plan, or to a financial institution for the purchase of a life annuity. The acceptable vehicles will be described in the Regulations and further details will be available once the Regulations are developed. The Transfer Value cannot be paid directly to the individual.

29. CAN THE FUNDS BE TRANSFERRED TO A NON LOCKED-IN RRSP?

No. In order to ensure that the funds are eventually used to provide a continuing pension benefit to the member, the funds can only be transferred to the vehicles described above.

30. UPON RE-EMPLOYMENT, CAN THE SERVICE BE RE-INSTATED?

Yes. An employee who terminates and receives a Transfer Value payment, could upon return to the Public Service, as a PSSA contributor, elect for that service.

31. WHAT WOULD BE THE COST TO RE-INSTATE THE SERVICE ON RE-EMPLOYMENT?

The cost of re-instating service for which a Transfer Value has been paid will be specified in the Regulations. The detail will be provided once it becomes available.

32. CAN AN EMPLOYEE STILL TRANSFER SERVICE IN OR OUT UNDER A RECIPROCAL TRANSFER AGREEMENT?

Yes. Where a Reciprocal Transfer Agreement exists, an employee can continue to transfer to or from an outside employer. The method of determining the amounts of funds to be transferred will change in the future to more closely reflect the new Transfer Values. More detail will be provided when these changes take effect.