C-441



First Session, Thirty-eighth Parliament,
53-54 Elizabeth II, 2004-2005

house of Commons OF CANADA

 
An Act to amend the Canadian Forces Superannuation Act and the Royal Canadian Mounted Police Superannuation Act (elimination of deduction from annuity)

First reading, November 14, 2005

Summary

This enactment amends the Canadian Forces Superannuation Act and the Royal Canadian Mounted Police Superannuation Act to eliminate the deduction of Canada Pension Plan benefits from the annuity payable under each of these Acts.

 


1st Session, 38th Parliament,

53-54 Elizabeth II, 2004-2005

House of Commons of Canada

Bill C-441

An Act to amend the Canadian Forces Superannuation Act and the Royal Canadian Mounted Police Superannuation Act (elimination of deduction from annuity)

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

R.S., c. C-17

canadian forces superannuation act

 


L.R., ch. C-17

“Year’s Maximum Pensionable Earnings”

1. Subsection 2(1) of the Canadian Forces Superannuation Act is amended by adding the following in alphabetical order:

 “Year’s Maximum Pensionable Earnings” has the same meaning as in the Canada Pension Plan.

2. Paragraph 5(1)(a) of the Act is replaced by the following:

(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; and

3. (1) Subsections 15(2) and (3) of the Act are repealed.

(2) Subsection 15(7) of the Act is repealed.

4. The portion of section 40 of the Act before paragraph (a) is replaced by the following:

Minimum benefits


40. Where, on the death of a contributor who, on ceasing to be a member of the Canadian Forces, was entitled to an immediate annuity, there is no person to whom an allowance provided in this Act may be paid, or where the persons to whom such allowance may be paid die or cease to be entitled thereto and no other amount may be paid to them under this Part, any amount by which an amount calculated in respect of that contributor in accordance with the definition “cash termination allowance” in section 10 exceeds the aggregate of all amounts paid to those persons and to the contributor under this Part or Part V of the former Act shall be paid

 

5. Subparagraph 42(1.1)(a)(i) of the Act is replaced by the following:

(i) four per cent of the portion of his or her salary that is less than or equal to the Year’s Maximum Pensionable Earnings,


6. Paragraph 50(i) of the Act is repealed.

R.S., c. R-11

royal canadian mounted police superannuation act

L.R., ch. R-11

“Year’s Maximum Pensionable Earnings”


7. Subsection 3(1) of the Royal Canadian Mounted Police Superannuation Act is amended by adding the following in alphabetical order:

“Year’s Maximum Pensionable Earnings” has the same meaning as in the Canada Pension Plan.

8. Paragraph 5(1)(a) of the Act is replaced by the following:

(a) four per cent of the portion of his or her pay that is less than or equal to the Year’s Maximum Pensionable Earnings; and

9. (1) Subsections 10(2) and (3) of the Act are repealed.

 (2) Subsection 10(7) of the Act is

10. Paragraph 26(g) of the Act is repealed.

2003, c. 26

 

11. (1) In this section, “other Act” means the Act entitled An Act to amend the Canadian Forces Superannuation Act and to make consequential amendments to other Acts, being chapter 26 of the Statutes of Canada, 2003.

 


2003, ch. 26

 

(2) On the later of the coming into force of section 20 of the other Act and of the coming into force of section 4 of this Act, the portion of section 40 of the Canadian Forces Superannuation Act before paragraph (a) is replaced by the following:

 

Minimum benefits

40. (1) If, on the death of a contributor who, on ceasing to be a member of the Canadian Forces, was entitled to an immediate annuity or an annual allowance, there is no person to whom an allowance provided in this Part may be paid, or where the persons to whom such allowance may be paid die or cease to be entitled to it and no other amount may be paid to them under this Part, any amount by which the calculated amount, within the meaning of subsection (2), exceeds the aggregate of all amounts paid to those persons and to the contributor under this Part or Part V of the former Act shall be paid


(3) If section 23 of the other Act comes into force before this Act receives royal assent, then section 6 of this Act is replaced, on the date this Act receives royal assent, by the following:

 

6. Paragraph 50(1)(k) of the Act is repealed.


(4) If section 23 of the other Act comes into force after or on the same day as this Act, then paragraph 50(1)k) of the Canadian Forces Superannuation Act is repealed on the day on which that section 23 comes into force.

 


(4) Si l’entrée en vigueur de l’article 23 de l’autre loi est postérieure ou concomitante à celle de la présente loi, à l’entrée en vigueur de cet article 23, l’alinéa 50(1)(k) de la Loi sur la pension de retraite des Forces cana­diennes est abrogé.