P-36

An Act to provide for the superannuation of persons employed in the public service

1. This Act may be cited as the Public Service Superannuation Act.

R.S., c. P-36, s. 1.

2. Male and female contributors under this Act have equality of status and equal rights and obligations under this Act.

1974-75-76, c. 81, s. 2.

3. (1) In this Part,

“active service in the forces” means any service in the forces of a kind designated in the regulations to be active service, which service is deemed for the purposes of this Part to have terminated on discharge or, in the case of a person who underwent treatment in a veterans’ hospital, as defined in the regulations, immediately following his discharge, on that person’s release from hospital;

“child” means a child or stepchild of — or an individual adopted either legally or in fact by — a contributor who at the time of the contributor’s death was dependent on the contributor for support;

“contributor” means a person required by section 5 to contribute to the Superannuation Account or the Public Service Pension Fund, and, unless the context otherwise requires,

(a) a person who has retired, and

(b) for the purposes of sections 25, 27 and 28, a contributor under Part I of the Superannuation Act who has been granted an annual allowance under that Act or has died;

“disabled” means incapable of pursuing regularly any substantially gainful occupation;

“Force” means the Royal Canadian Mounted Police;

“forces”, except in the definition “regular force”, means the naval, army or air forces of His Majesty or of any of the Allies of His Majesty during World War I or World War II;

“Minister” means the President of the Treasury Board;

“misconduct”[Repealed, 1999, c. 34, s. 53]

“pensionable employment” means any employment in respect of which there was an established superannuation or pension fund or plan, approved by the Minister for the purposes of this Part, for the benefit of persons engaged in that employment;

“period in pensionable employment” means any period of service to the credit of the employee in the fund or plan referred to in the definition “pensionable employment” at the time he left the employment therein referred to;

“provincial pension plan” has the same meaning as in the Canada Pension Plan;

“public service” means the several positions in or under any department or portion of the executive government of Canada, except those portions of departments or portions of the executive government of Canada prescribed by the regulations and, for the purposes of this Part, of the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer and office of the Ethics Commissioner and any board, commission, corporation or portion of the federal public administration specified in Schedule I;

“Public Service Pension Fund” means the fund established under section 44.2;

“Public Service Superannuation Investment Fund” means the fund established under section 44.1;

“regular force” means the regular force of the Canadian Forces and includes

(a) the forces known before February 1, 1968 as the regular forces of the Canadian Forces, and

(b) the forces known before February 1, 1968 as the Royal Canadian Navy, the Canadian Army Active Force, the Permanent Active Militia, the Permanent Militia Corps, the permanent staff of the Militia, the Royal Canadian Air Force (Regular) and the Permanent Active Air Force;

“Retirement Fund” means the Retirement Fund established under Part II of the Civil Service Superannuation and Retirement Act;

“salary” means

(a) as applied to the public service, the basic pay received by the person in respect of whom the expression is being applied for the performance of the regular duties of a position or office exclusive of any amount received as allowances, special remuneration, payment for overtime or other compensation or as a gratuity unless that amount is deemed to be or to have been included in that person’s basic pay pursuant to any regulation made under paragraph 42(1)(e), and

(b) as applied to the regular force or the Force, the pay or pay and allowances, as the case may be, applicable in the case of that person as determined under the Canadian Forces Superannuation Act or the Royal Canadian Mounted Police Superannuation Act;

“Superannuation Act” means the Civil Service Superannuation Act, chapter 50 of the Revised Statutes of Canada, 1952;

“supplementary benefit” means a supplementary benefit payable under Part III;

“survivor”, in relation to a contributor, means

(a) a person who was married to the contributor at the time of the contributor’s death, or

(b) a person referred to in subsection 25(4);

“World War I” means the war that was declared on August 4, 1914 and that is deemed, for the purposes of this Part, to have terminated on December 31, 1920;

“World War II” means the war that was declared on September 10, 1939 and that is deemed, for the purposes of this Part, to have terminated on September 30, 1947.

(2) For the purposes of the definition “public service” in subsection (1),

(a) employees of a member of the Senate or House of Commons, and

(b) any other category of employees prescribed by regulation made by the Governor in Council under paragraph 42(1)(vv)

whose salaries were or are paid out of moneys appropriated by Parliament for use by the Senate or House of Commons shall be deemed to have been or to be employed in the Senate or House of Commons, in respect of periods of service in a category described in paragraph (a) or (b) preceding as well as following June 29, 1984.

(3) A reference in this Part to the Canadian Forces Superannuation Act or the Royal Canadian Mounted Police Superannuation Act shall be construed as including a reference to any other enactment of Parliament in force either before or after July 14, 1960 providing for the payment of pensions to members of the regular force or members of the Force, as the case may be, based on length of service.

(4) For the purposes of paragraph 8(2)(e), a person is deemed to have reached the age of eighteen years at the beginning of the month following the month in which the person actually reached that age and, for the purposes of subsection 11(2), a person is deemed to have reached the age of sixty-five years at the beginning of the month following the month in which the person actually reached that age.

(5) For the purposes of this Act, a person who, immediately before the coming into force of this subsection, is employed in the public service on a full-time basis within the meaning of this Act as it reads at that time is, until such time as that person ceases to be so employed, deemed to be employed in the public service on a full-time basis.

R.S., 1985, c. P-36, s. 3; 1992, c. 46, s. 1; 1996, c. 18, s. 21; 1999, c. 34, s. 53; 2003, c. 22, s. 210(E), 225(E); 2004, c. 7, ss. 36, 41(E).

4. (1) Subject to this Part, an annuity or other benefit specified in this Part shall be paid to or in respect of every person who, being required to contribute to the Superannuation Account or the Public Service Pension Fund in accordance with this Part, dies or ceases to be employed in the public service, which annuity or other benefit shall, subject to this Part, be based on the number of years of pensionable service to the credit of that person.

(2) The Superannuation Account, established in the accounts of Canada pursuant to the Superannuation Act, is hereby continued.

R.S., 1985, c. P-36, s. 4; 1999, c. 34, s. 54; 2003, c. 22, s. 225(E).

5. (1) Subsections (1.1) to (1.4) apply to persons employed in the public service, other than

(a) [Repealed, 1992, c. 46, s. 2]

(b) an employee who is engaged for a term of six months or less or a seasonal employee, unless he or she has been employed in the public service substantially without interruption for a period of more than six months;

(c) subject to section 5.2, a person who, immediately before July 4, 1994, was employed in the public service as a part-time employee within the meaning of this Act as it read at that time and who has been so employed substantially without interruption since that time;

(d) an employee in receipt of a salary computed at an annual rate of less than nine hundred dollars, except any such employee who was a contributor under Part I of the Superannuation Act immediately before January 1, 1954 and has been employed in the public service substantially without interruption since that time;

(e) persons in positions, as determined by the Governor in Council with effect from July 11, 1966, in the whole or any portion of any board, commission or corporation that has its own pension plan while that pension plan is in force;

(f) an employee on leave of absence from employment outside the public service who, in respect of his or her current service, continues to contribute to or under any superannuation or pension fund or plan established for the benefit of employees of the person from whose employment he or she is absent;

(g) an employee whose compensation for the performance of the regular duties of his or her position or office consists of fees of office;

(h) an employee engaged locally outside Canada; or

(i) a sessional employee, a postmaster or assistant postmaster in a revenue post office, a person employed as a clerk of works, a member of the staff of Government House who is paid by the Governor General from his or her salary or allowance or an employee of a commission that is appointed under Part I of the Inquiries Act and added to Part I of Schedule I, unless designated by the Minister individually or as a member of a class.

(j) [Repealed, 1992, c. 46, s. 2]

(1.1) A person is required to contribute, in respect of every year in the period beginning on January 1, 2000 and ending on December 31, 2003, by reservation from salary or otherwise,

(a) four per cent of the portion of his or her salary that is less than or equal to the Year’s Maximum Pensionable Earnings, as that term is defined in subsection 11(3); and

(b) seven and one-half per cent of the portion of his or her salary that is greater than the Year’s Maximum Pensionable Earnings.

(1.2) A person is required to contribute, in respect of every portion of the period beginning on January 1, 2004, by reservation from salary or otherwise, at the contribution rates determined by the Treasury Board in respect of that portion on the recommendation of the Minister.

(1.3) The contributions shall be made to the Superannuation Account for the period beginning on January 1, 2000 and ending on March 31, 2000 and shall be made to the Public Service Pension Fund for the period after that.

(1.4) In determining the contribution rates for the purposes of subsection (1.2) and paragraphs (3)(b), (3.1)(b) and (4)(b), the rates must not

(a) exceed by more than four-tenths of one per cent in respect of any portion of salary, whether less than, equal to or more than the Year’s Maximum Pensionable Earnings, the previous rate; and

(b) result in a total amount of contributions that would exceed forty per cent of the current service cost for the portion of the period in respect of the benefits payable under Parts I and III of this Act.

(2) Notwithstanding subsections (1) to (1.2), no person shall contribute to the Superannuation Account or the Public Service Pension Fund as required by those subsections in respect of periods of service in a category described in paragraph 3(2)(a) or (b) preceding June 29, 1984 and for which he or she did not make contributions to the Superannuation Account.

(3) A person who has to his or her credit, before January 1, 2000, a period of pensionable service — or a period of pensionable service and other pensionable service — totalling thirty-five years is not required to contribute under subsections (1.1) and (1.2) but is required to contribute, by reservation from salary or otherwise,

(a) to the Superannuation Account, in respect of the period beginning on January 1, 2000 and ending on December 31, 2003, in addition to any other amount required under this Act, at the rate of one per cent of the person’s salary; and

(b) to the Superannuation Account, in respect of the period beginning on January 1, 2004, in addition to any other amount required under this Act, at the rates determined by the Treasury Board on the recommendation of the Minister.

(3.1) A person who has to his or her credit, on or after January 1, 2000 and before April 1, 2000, a period of pensionable service — or a period of pensionable service and other pensionable service — totalling thirty-five years is only required to contribute under subsection (1.1) during the period beginning on January 1, 2000 and ending on the day before the person has to his or her credit those thirty-five years and after that day is not required to contribute under subsections (1.1) and (1.2) but is required to contribute, by reservation from salary or otherwise,

(a) to the Superannuation Account, in respect of the period beginning on that day and ending on December 31, 2003, in addition to any other amount required under this Act, at the rate of one per cent of the person’s salary; and

(b) to the Superannuation Account, in respect of the period beginning on January 1, 2004, in addition to any other amount required under this Act, at the rates determined by the Treasury Board on the recommendation of the Minister.

(4) A person who has to his or her credit, on or after April 1, 2000, a period of pensionable service — or a period of pensionable service and other pensionable service — totalling thirty-five years is only required to contribute under subsection (1.1) or (1.2) during the period beginning on April 1, 2000 and ending on the day before the person has to his or her credit those thirty-five years and after that day is not required to contribute under subsections (1.1) and (1.2) but is required to contribute, by reservation from salary or otherwise,

(a) to the Public Service Pension Fund, in respect of the period beginning on that day and ending on December 31, 2003, in addition to any other amount required under this Act, at a rate of one per cent of the person’s salary; and

(b) to the Public Service Pension Fund, in respect of the period beginning on January 1, 2004, in addition to any other amount required under this Act, at the rates determined by the Treasury Board on the recommendation of the Minister.

(5) For the purpose of subsections (3) to (4), “other pensionable service” means years of service giving rise to a superannuation or pension benefit of a kind specified in the regulations payable

(a) out of the Consolidated Revenue Fund, or out of any account in the accounts of Canada other than the Superannuation Account;

(b) out of or under a superannuation or pension fund or plan pursuant to which contributions have been paid out of the Consolidated Revenue Fund in respect of employees engaged locally outside of Canada; or

(c) out of the Canadian Forces Pension Fund within the meaning of the Canadian Forces Superannuation Act or the Royal Canadian Mounted Police Pension Fund within the meaning of the Royal Canadian Mounted Police Superannuation Act.

(6) Notwithstanding anything in this Part,

(a) no person shall, in respect of any period of service of that person before July 14, 1960, contribute to the Superannuation Account or the Public Service Pension Fund in respect of any amount received as salary at a rate in excess of fifteen thousand dollars a year; and

(b) no person shall, in respect of any period of service of that person on or after December 15, 1994, make a contribution under this Part in respect of any portion of that person’s annual rate of salary that is in excess of the annual rate of salary that is fixed by or determined in the manner prescribed by the regulations.

R.S., 1985, c. P-36, s. 5; 1992, c. 46, s. 2; 1999, c. 34, s. 55; 2003, c. 22, s. 225(E).

5.1 (1) Notwithstanding section 5, a person employed in the public service is not required to contribute to the Superannuation Account or the Public Service Pension Fund under that section if that person is engaged to work on average less than twelve hours a week or the lesser number of hours a week that may be prescribed by the regulations.

(2) Notwithstanding section 5, a person employed in the public service who was so employed on September 9, 1993 and who, on September 8, 1993, was not required to contribute to the Superannuation Account by reason of the person being a person described in paragraph 5(1)(j) of this Act, as it read on September 8, 1993, is not required to contribute to the Account or the Public Service Pension Fund under that section in respect of any period of service on or after that day.

(3) Subsection (2) does not apply to a person who makes an election under section 5.4.

1992, c. 46, s. 3; 1999, c. 34, s. 56; 2003, c. 22, s. 225(E).

5.2 Every person referred to in paragraph 5(1)(c) who is engaged to work on average at least twelve hours a week or the lesser number of hours a week that may be prescribed by the regulations, may, subject to the regulations, elect to contribute to the Superannuation Account or the Public Service Pension Fund in accordance with section 5, beginning on the first day of the month following the month in which that person makes that election.

1992, c. 46, s. 3; 1999, c. 34, s. 57.

5.3 (1) Subject to subsection (3), a contributor who is or has been absent from the public service on leave of absence without pay for a period that exceeds three months may, subject to the regulations, elect not to count as pensionable service under clause 6(1)(a)(ii)(A) that portion of the period that is in excess of three months.

(2) Notwithstanding section 5, a contributor who makes an election under subsection (1) is not required to contribute to the Superannuation Account or the Public Service Pension Fund under that section in respect of the portion of the period to which the election relates.

(3) A contributor is not entitled to make an election under subsection (1) if

(a) the period of leave of absence ended before the day on which that subsection comes into force; and

(b) the contributor has, before that day, made all of the contributions that are required to be made by the contributor to the Superannuation Account in respect of that period.

(4) A contributor who makes an election under subsection (1) in respect of a period of leave of absence that ended before the day on which that subsection comes into force and who has, before that day, made some but not all of the contributions that are required to be made by the contributor to the Superannuation Account in respect of that period shall, at the time the election is made, cease to be required to make any further contributions to the Superannuation Account in respect of that period and shall count as pensionable service under clause 6(1)(a)(ii)(A) such portion of that period as is prescribed by the regulations.

1992, c. 46, s. 3; 1999, c. 34, s. 58; 2003, c. 22, s. 225(E).

5.4 (1) A person referred to in subsection 5.1(2) may, subject to the regulations, elect to count as pensionable service the period of service in respect of which that person was unable to contribute to the Superannuation Account by reason of the person being a person described in paragraph 5(1)(j) of this Act, as it read on the day immediately before the day on which that subsection comes into force.

(2) A person who makes an election under subsection (1) shall pay into the Superannuation Account, at the time and in the manner prescribed by the regulations, an amount determined in accordance with the regulations.

1992, c. 46, s. 3.

5.5 (1) A person who has ceased to be employed in the public service before the day on which this subsection comes into force may, subject to the regulations, elect to count as pensionable service the period of service in respect of which that person was unable to contribute to the Superannuation Account by reason of the person being a person described in paragraph 5(1)(j) of this Act, as it read on the day immediately before that day.

(2) A person who makes an election under subsection (1) shall pay into the Superannuation Account, at the time and in the manner prescribed by the regulations, an amount determined in accordance with the regulations.

(3) Where a person makes an election under subsection (1), the period of service that the person elects to count as pensionable service is deemed to be to the person’s credit as at the date the person most recently ceased to be employed in the public service.

1992, c. 46, s. 3; 2003, c. 22, s. 225(E).

6. (1) Subject to this Part, the following service may be counted by a contributor as pensionable service for the purposes of this Part:

(a) non-elective service, comprising,

(i) in the case of a contributor who, immediately prior to January 1, 1954, was a contributor under Part I of the Superannuation Act,

(A) the period of his service as a contributor under Part I of the Superannuation Act, and

(B) the period during which he or she is required by subsections 5(1.1) and (1.2) to contribute to the Superannuation Account or the Public Service Pension Fund,

(ii) in the case of a contributor who, immediately prior to January 1, 1954, was not a contributor under Part I of the Superannuation Act,

(A) the period during which he or she is required by subsections 5(1.1) and (1.2) to contribute to the Superannuation Account or the Public Service Pension Fund,

(B) such portion of any period prior to becoming a contributor under this Part during which he has contributed to the Retirement Fund, in accordance with this Part or Part VI of the Superannuation Act or pursuant to any order of the Governor in Council, as is determined by the Minister in accordance with the regulations, and

(C) any period of service that he was entitled to count for the purposes of the Superannuation Act, for which he has paid but in respect of which he has not, at any time since he ceased to be a contributor under Part I of that Act, received any withdrawal allowance or other benefit thereunder, and

(iii) with reference to any contributor,

(A) any period of service that may be counted by that contributor as pensionable service pursuant to paragraph 29(a) or subsection 35(2), 40(11), (11.1) or (13) or 40.2(9),

(B) any period during which the contributor, having been a civil servant within the meaning of the Superannuation Act, was absent from the public service on active service in the forces during World War I or, being a contributor under Part I of the Superannuation Act, was absent from the public service on active service in the forces during World War II, having been granted leave of absence to enlist,

(C) any period prior to April 14, 1927 during which the contributor was absent from the public service on leave of absence without pay,

(D) any period of service in the public service before becoming a contributor under this Part during which he or she contributed to the Superannuation Account or the Public Service Pension Fund in the manner and at the rates set out in subsections 5(1.1) and (1.2), if that service is service for which he or she might have elected, under this Part or Part I of the Superannuation Act on subsequently becoming a contributor under those Parts, to pay, but for which he or she failed so to elect within the time prescribed for elections, and

(E) one-half of any period during which the contributor, being a person who became a contributor under Part I of the Superannuation Act before August 11, 1939 and did not elect to contribute in respect of his service in the public service prior to so becoming a contributor, and being a person whose service since that date has been substantially continuous, was employed in the public service prior to so becoming a contributor; and

(b) elective service, comprising,

(i) in the case of a contributor who, immediately prior to January 1, 1954, was a contributor under Part I of the Superannuation Act,

(A) any period of service for which he elected under the Superannuation Act to pay, and

(B) any period of service for which he might have elected, under the provisions of the Superannuation Act in force immediately prior to January 1, 1954, to pay, if he elects, within the time prescribed by those provisions, to pay for that service,

(ii) in the case of a contributor who, immediately prior to January 1, 1954, was not a contributor under Part I of the Superannuation Act, such portion of any period described in clause (a)(ii)(B) as is not included in the portion thereof determined by the Minister thereunder, if he elects, within one year of becoming a contributor under this Part, to pay for that portion, and

(iii) with reference to any contributor,

(A) any period of service on active service in the forces during World War I or World War II, if he elects, within one year of becoming a contributor under this Part, to pay for that service,

(B) any period of service before becoming a contributor under this Part, except any such period described in clause (a)(ii)(B), during which he was employed in the public service and was in receipt of salary, if he elects, within one year of becoming a contributor under this Part, to pay for that service,

(C) any continuous period of full-time service of six months or more in the Canadian Forces or the naval, army or air forces of Her Majesty raised by Canada or as a special constable of the Force who ceased to be a special constable of the Force on or after March 1, 1949, except any such period described in clause (A) or (G) of this subparagraph, if he elects, within one year of becoming a contributor under this Part, to pay for that period,

(D) any continuous period of full-time service of six months or more as an employee with an international organization specified in the regulations whose salary was paid out of the Consolidated Revenue Fund, if he elects, within one year of becoming a contributor under this Part, to pay for that service,

(E) any continuous period of full-time service of six months or more in civilian war service of a kind specified in the regulations, if he elects, within one year of becoming a contributor under this Part, to pay for that service,

(F) any period of service in pensionable employment immediately prior to becoming employed in the public service, if he elects, within one year of becoming a contributor under this Part, to pay for that service,

(G) any period of service that may be counted by him as pensionable service pursuant to subsection 39(1) of this Act or subsection 23(9) of the Public Service Superannuation Act, chapter P-36 of the Revised Statutes of Canada, 1970,

(H) any period of service with any board, commission, corporation or portion of the federal public administrationthat is added to Schedule I on or after January 1, 1954, if he elects, within one year of that addition, to pay for that service,

(I) any period of service in respect of which he has received any amount by way of a return of contributions or other lump sum payment under this Part or Part I of the Superannuation Act, except any such period specified in clause (a)(iii)(C) or (E), if he elects, within one year of subsequently becoming a contributor under this Part, to pay for that service,

(I.1) any period of service in the public service, after December 31, 1980 and before the day on which this clause comes into force, as a part-time employee, if the contributor was a contributor immediately before the day on which this clause comes into force and the contributor elects, within one year after that day, to pay for that service,

(J) any period of service in respect of which payment was made to a public service employer or an approved employer under an agreement entered into pursuant to section 40 and in respect of which that contributor subsequently received a return of contributions or other lump sum payment, if he elects, within one year of becoming a contributor under this Part, to pay for that service,

(K) any period of service described in this paragraph, except a period described in clause (M) or (N), for which the contributor might have elected, under this Part, Part I of the Superannuation Act, the Canadian Forces Superannuation Act, the Royal Canadian Mounted Police Superannuation Act or any order in council made under The Canadian Forces Act, 1950, as amended by the Canadian Forces Act, 1954, to pay, but for which the contributor failed so to elect within the time prescribed therefor, if the contributor elects, at any time before ceasing to be employed in the public service, to pay for that service,

(L) any period of service in respect of which the contributor makes an election under subsection 5.3(1), if the contributor elects, at any time before the contributor ceases to be employed in the public service, to pay for that service,

(M) subject to the regulations, any period of service in respect of which payment of a transfer value to a contributor has been effected in accordance with subsection 13.01(2), if the contributor elects, in accordance with the regulations, to pay for that service, and

(N) subject to the regulations, any period of service in respect of which a payment has been made in respect of the contributor pursuant to an agreement entered into under subsection 40.2(2), if the contributor elects, in accordance with the regulations, to pay for that service.

(2) For the purposes of clause (1)(a)(iii)(B), “forces” means, in the case of World War II, any of His Majesty’s naval, army or air forces, the Royal Canadian Mounted Police, the Corps of (Civilian) Canadian Fire Fighters for Service in the United Kingdom, the armed forces of the United States, the Fighting French forces and any other force designated by the Governor in Council for the purposes of this Part.

R.S., 1985, c. P-36, s. 6; 1992, c. 46, s. 4; 1996, c. 18, s. 22; 1999, c. 34, s. 59; 2003, c. 22, ss. 224(E), 225(E).

7. (1) Subject to subsection (1.1) and section 8, a contributor who is entitled under this Part to count as pensionable service any period of elective service specified in paragraph 6(1)(b) is required to pay, in respect thereof, the following:

(a) in respect of any period specified in clause 6(1)(b)(i)(A), any amount that he would have been required to pay under the Superannuation Act had that Act continued in force;

(b) in respect of any period specified in clause 6(1)(b)(i)(B), any amount that he would have been required to pay under the provisions of the Superannuation Act in force immediately prior to January 1, 1954;

(c) in respect of the portion referred to in subparagraph 6(1)(b)(ii), such amount as is determined in accordance with the regulations;

(d) in respect of any period specified in clause 6(1)(b)(iii)(A), an amount determined as follows:

(i) in the case of a person who, immediately prior to his enlistment in the forces, was employed in the public service on a full-time basis, an amount equal to the amount that he would have been required to contribute during the period of his service in the forces had he, during that period, been required to contribute in the manner and at the rates set out in subsection 5(1) as it read on December 31, 1965, in respect of a salary at the rate authorized to be paid to him on the most recent occasion on which he became a contributor under this Part, together with interest, and

(ii) in the case of a person who was not, immediately prior to his enlistment in the forces, employed in the public service on a full-time basis, an amount equal to twice the amount that he would have been required to contribute during the period of his service in the forces had he, during that period, been required to contribute in the manner and at the rates set out in subsection 5(1) as it read on December 31, 1965, in respect of a salary at the rate authorized to be paid to him on the most recent occasion on which he became a contributor under this Part, together with interest;

(e) in respect of any period specified in clause 6(1)(b)(iii)(B), an amount equal to the amount that he or she would have been required to contribute had he or she, during that period, been required to contribute

(i) if that period or any portion of it was before 1966, in the manner and at the rates set out in subsection 5(1) as it read on December 31, 1965, in respect of that period or portion,

(ii) if that period or any portion of it was after 1965 but before January 1, 2000, in the manner and at the rates set out in subsection 5(1), as it reads on December 31, 1999, in respect of that period or portion,

(iii) if that period or any portion of it was after 1999 but before January 1, 2004, in the manner and at the rates set out in subsection 5(1.1), in respect of that period or portion, and

(iv) if that period or any portion of it was after December 31, 2003, in the manner and at the rates determined under subsection 5(1.2), in respect of that period or portion,

in respect of a salary at the rate authorized to be paid to him or her on the most recent occasion on which he or she became a contributor under this Part, together with interest;

(f) in respect of any period specified in clause 6(1)(b)(iii)(C), (D), (E), (F) or (J), an amount equal to twice the amount that he or she would have been required to contribute had he or she, during that period, been required to contribute

(i) if that period or any portion of it was before 1966, in the manner and at the rates set out in subsection 5(1) as it read on December 31, 1965, in respect of that period or portion,

(ii) if that period or any portion of it was after 1965 but before January 1, 2000, in the manner and at the rates set out in subsection 5(1), as it reads on December 31, 1999, in respect of that period or portion,

(iii) if that period or any portion of it was after 1999 but before January 1, 2004, in the manner and at the rates set out in subsection 5(1.1), in respect of that period or portion, and

(iv) if that period or any portion of it was after December 31, 2003, in the manner and at the rates determined under subsection 5(1.2), in respect of that period or portion,

in respect of a salary at the rate authorized to be paid to him or her on the most recent occasion on which he or she became a contributor under this Part, together with interest;

(g) in respect of any period specified in clause 6(1)(b)(iii)(G), such amount as is required by subsection 39(2) to be paid by him therefor;

(h) in respect of any period specified in clause 6(1)(b)(iii)(H), an amount as specified in paragraph (e);

(i) notwithstanding anything in paragraphs (a) to (h), in respect of any period described in clause 6(1)(b)(iii)(I), an amount equal to the amount that he would have been required to contribute if he had elected under this Part, within the time prescribed for the making of the election, to pay for that period, and if during that period the rate of the salary authorized to be paid to him had been equal to the rate of salary authorized to be paid to him on the most recent occasion on which he became a contributor under this Part, together with interest;

(j) notwithstanding anything in this subsection, in respect of any period described in clause 6(1)(b)(iii)(K), an amount equal to the amount that he would have been required to pay if, not having been a contributor under Part I of the Superannuation Act immediately prior to January 1, 1954, he had elected under this Part, within the time prescribed for the making of the election, to pay for that period, and if during that period the rate of salary authorized to be paid to him had been equal to the rate of salary so authorized at the time when he made the election, together with interest; and

(k) in respect of any period specified in clause 6(1)(b)(iii)(I.1), (L), (M) or (N), such amount as is determined in accordance with the regulations.

(1.1) Subject to section 8, a contributor who is entitled under this Part to count as pensionable service any period of elective service specified in clause 6(1)(b)(iii)(A), (B), (C), (D), (E), (F), (I), (J) or (K) is required to pay, in respect thereof and in lieu of any amount required under subsection (1), such amount as is determined in accordance with the regulations if

(a) that period of service consists of or includes service during which the contributor was employed in the public service as a part-time employee; or

(b) that period of service consists of or includes service of the contributor during which the contributor was employed in the public service on a full-time basis and the contributor is employed in the public service as a part-time employee at the time the contributor elects to pay for that service.

(2) In this section, unless otherwise specified, “interest” means simple interest at four per cent per annum from the middle of the fiscal year in which the contributions would have been made, had the contributor been required to make those contributions during the period for which he elects to pay, until the first day of the month in which the election is made.

R.S., 1985, c. P-36, s. 7; 1992, c. 46, s. 5; 1996, c. 18, s. 23; 1999, c. 34, s. 60; 2003, c. 22, s. 225(E).

8. (1) Every election made by a contributor under this Part shall be made by him while employed in the public service and shall be evidenced in writing, in the form prescribed by the Minister, and signed by the person making the election, and the original thereof shall be forwarded to the Minister in the manner prescribed by the regulations within the time prescribed by this Part for the making of the election or, in the case of an election that may be made by the contributor at any time before he ceases to be employed in the public service, within one month from the time of making the election.

(2) An election under this Part is void in so far as it is an election to pay for

(a) any period of service on active service in the forces during World War I or World War II or any period of service in the public service or in pensionable employment that the elector is entitled to count for the purpose of any superannuation or pension benefit of a kind specified in the regulations, otherwise than under the provisions of this Part;

(b) any period of service in the public service before January 1, 1981 as a part-time employee, within the meaning of this Act as it read from time to time before that date, unless it is service that may be counted under clause 6(1)(b)(i)(B);

(b.1) any period of service in the public service after December 31, 1980 as a part-time employee, unless it is service that may be counted under this Part and the elector was, during that period, engaged to work on average at least twelve hours a week or such lesser number of hours a week as may be prescribed by the regulations;

(c) any period of service in the public service as an employee whose compensation for the performance of the regular duties of his position or office consisted of fees of office;

(d) any period of service of less than ninety days as defined by the regulations unless it is service that may be counted under clause 6(1)(b)(iii)(I); or

(e) any period of service that is after 1965, before the day on which that elector reached the age of eighteen years and before the day on which this paragraph comes into force.

(3) A contributor who is entitled under this Part to elect to pay for a period of service is entitled, unless a contrary intention appears, to elect to pay for part only of that period but only that part that is most recent in point of time.

(4) An election under this Part may be amended by the elector, within the time prescribed by this Part for the making of the election, by increasing the period or periods of service for which he elects to pay, and is otherwise irrevocable except under such circumstances and on such terms and conditions, including payment by the elector to Her Majesty of such amount in respect of any benefit accruing to that elector during the subsistence of the election, as a consequence of his having so elected, as the Governor in Council by regulation prescribes.

(5) Notwithstanding this Act or the Superannuation Act, where the Governor in Council is of opinion that a person

(a) has made an election under either Act in purported compliance with such Act and the regulations made pursuant thereto and that the purported election was made in good faith and was invalid by reason only of circumstances not attributable to fault on the part of that person, or

(b) was treated in error as being deemed to have elected pursuant to paragraph 51(2)(b),

that person shall be deemed to have made a valid election for the purposes of the relevant provisions of this Act or the Superannuation Act, as the case may be, on such date and subject to such terms and conditions as may be prescribed by the Governor in Council.

(6) Subject to this section, any amount required by subsection 7(1) or (1.1) or 39(7) to be paid by a contributor in respect of any period of service for which the contributor has elected to pay shall be paid by the contributor into the Superannuation Account or as required by subsection 39(7), as the case may be,

(a) in a lump sum, at the time of making the election, or

(b) in instalments, on such terms and computed on such bases as to mortality and interest as the Governor in Council by regulation prescribes,

at his option.

(6.1) For the purposes of subsections (6) and 39(2), an amount required to be paid by a contributor pursuant to an election made after March 31, 2000 shall be paid into the Public Service Pension Fund.

(7) Where a contributor who has elected under this Part or the Superannuation Act to pay for any period of service and has undertaken to pay for that period of service in instalments ceases to be employed in the public service before all the instalments have been paid, the unpaid instalments may be reserved, in accordance with the regulations, from any amount payable to him by Her Majesty in right of Canada, including any annuity or other benefit payable to him under this Part, until such time as all the instalments have been paid, or the contributor dies, whichever occurs first.

(8) When an amount payable by a contributor into the Superannuation Account or the Public Service Pension Fund by reservation from salary or otherwise has become due, but remains unpaid at the time of death, that amount, with interest at four per cent per annum from the time when it became due, may be recovered, in accordance with the regulations, from any allowance payable under this Part to the survivor and children of the contributor, without prejudice to any other recourse available to Her Majesty with respect to the recovery of it, and any amount so recovered shall be credited to the Superannuation Account or paid into the Public Service Pension Fund and shall be deemed, for the purposes of the definition “return of contributions” in subsection 10(1), to have been paid into that Account or Fund by the contributor.

(9) Where any amount has been paid in error under this Part or Part III on account of any annuity, annual allowance or supplementary benefit, the Minister may retain by way of deduction from any subsequent payment of that annuity, allowance or supplementary benefit, in the manner prescribed by the regulations, an amount equal to the amount paid in error, without prejudice to any other recourse available to Her Majesty with respect to the recovery thereof.

R.S., 1985, c. P-36, s. 8; 1992, c. 46, s. 6; 1999, c. 34, s. 61; 2003, c. 22, s. 225(E).

8.1 Where an election is made to count as pensionable service a period of service specified in clause 6(1)(b)(iii)(M) or (N), section 8 applies in the manner and to the extent set out in the regulations.

1996, c. 18, s. 24.

9. For the purposes of sections 6 and 39, the year within which a contributor may elect to count any service described in those sections as pensionable service for the purposes of this Part shall be deemed to end one year from the day on which written notice is sent by or on behalf of the Minister to that contributor informing him that he has become a contributor under this Part.

R.S., c. P-36, s. 8.