Diplomatic Service (Special) Superannuation Act

An Act to provide superannuation benefits for senior appointees of the Department of Foreign Affairs, Trade and Development serving outside Canada Short title This Act may be cited as the Diplomatic Service (Special) Superannuation Act. Definitions In this Act, common-law partner means a person who establishes that the person is cohabiting with a Public Official in a relationship of a conjugal nature, having so cohabited for a period of at least one year; (conjoint de fait) Public Office has a meaning corresponding to that of Public Official, and a person shall be deemed to be serving in a Public Office during such time as he is entitled to receive the salary annexed to that Public Office; (charge diplomatique) Public Official means an ambassador, minister, high commissioner or consul-general of Canada to another country and such other person of comparable status serving in another country in the public service of Canada as the Governor in Council may designate; (diplomate) survivor means a person who was married to a Public Official immediately before the death of the Public Official; or who establishes that the person was cohabiting with a Public Official in a relationship of a conjugal nature for a period of at least one year immediately before the death of the Public Official. (survivant) Status of males and females Male and female contributors under this Act enjoy equality of status and equal rights and obligations under this Act. Retirement age Every Public Official who is not a contributor under the Public Service Superannuation Act ceases to hold office as such on reaching the age of sixty-five years. Idem Notwithstanding subsection (1), a Public Official to whom that subsection applies who has reached the age of sixty-five years may continue to hold office as such from year to year thereafter if, prior to each anniversary of his birthday commencing with the sixty-fifth anniversary thereof, the Governor in Council has approved that he continue to hold that office. Pension to Public Official Every Public Official who has served as a Public Official for not less than five years, and immediately prior to his appointment to a Public Office, was not a contributor under the Civil Service Superannuation Act or the Public Service Superannuation Act is, subject to this Act, entitled on his retirement or resignation if he has reached the age of sixty-five years or is afflicted with a permanent infirmity disabling him from the due execution of his office, to a pension calculated in accordance with subsection (2), or if he has not reached the age of sixty-five years, to a deferred pension, calculated in accordance with subsection (2), or a return of the total contributions made by him under this Part, together with interest, if any, calculated pursuant to subsection (10), at his option, except that if he has reached the age of forty-five years and has served as a Public Official for not less than ten years, he is not entitled to a return of contributions in respect of any period of service as a Public Official after September 30, 1967. Amount Subject to this Act, the pension to which a Public Official is entitled under this section shall, where he served in a Public Office for not less than five years but less than ten years, be fifteen-fiftieths of his average salary; where he served in a Public Office for not less than ten years but less than twenty years, be the aggregate of twenty-five fiftieths of his average salary, and one-fiftieth of his average salary multiplied by the number of years of his service in the Public Office in excess of ten; or where he served in a Public Office for not less than twenty years, be thirty-five fiftieths of his average salary. Deductions from pension Where a Public Official has reached the age of sixty-five years and has ceased to hold office as a Public Official, or has become disabled and a disability pension has become payable to him under the Canada Pension Plan, there shall be deducted from the amount of any pension to which he is entitled under this section an amount equal to one-fiftieth of his Average Maximum Pensionable Earnings for each year between January 1, 1966 and December 31, 1975 that he has contributed under this Act, and an amount equal to one one-hundredth of his Average Maximum Pensionable Earnings for each year after 1975 that he has contributed under this Act. In this section, Average Maximum Pensionable Earnings means, with respect to any Public Official, the average of the Year’s Maximum Pensionable Earnings for the year in which he ceased to hold office as a Public Official and for each of the two preceding years; (moyenne des maximums des gains ouvrant droit à pension) average salary means the average of the salary received by a Public Official during the last ten years of his service in a Public Office or, where he served less than ten years in a Public Office, the average of the salary received by him during his entire service in a Public Office; (traitement moyen) deferred pension means a pension that becomes payable to a Public Official at the time he reaches sixty-five years of age; (pension différée) Year’s Maximum Pensionable Earnings has the same meaning as in the Canada Pension Plan. (maximum des gains annuels ouvrant droit à pension) When age of sixty-five deemed to be reached For the purposes of subsection (3), a Public Official shall be deemed to have reached the age of sixty-five years at the beginning of the month following the month in which he actually reached that age. Circumstances where amount to be increased Subject to subsection (7), where the amount of the pension to which a Public Official is entitled under subsection (1) on his retirement or resignation, together with such amount as is determined in accordance with the regulations to be the amount of any retirement or disability pension to which he is entitled under the Canada Pension Plan (or to which he would be entitled thereunder if he applied therefor and in the case of a retirement pension, it had not been commuted), that is attributable to contributions made thereunder in respect of his employment as a Public Official is less than the amount of the pension to which he would have been entitled under this Act if no deduction was made as required under subsection (3), the amount of the pension to which that Public Official is entitled under this Act shall, on application therefor by him in the manner prescribed by the regulations, be increased by the amount of the difference effective from such day as is determined in accordance with the regulations. Maximum pension Notwithstanding anything in this section, the pension to which a Public Official is entitled under this section shall not exceed an amount that, when added to any superannuation or retirement pension or annuity received by him in respect of any prior service under any other Act of Parliament, equals the pension to which he would have been entitled if the prior service and the annual remuneration on which that other pension or annuity is calculated were, respectively, additional years of service in a Public Office and salary as a Public Official. Return of contributions to Public Official on retirement or resignation immediately prior to his appointment to a Public Office was not a contributor under the Civil Service Superannuation Act or the Public Service Superannuation Act, and on his retirement or resignation is not entitled to a pension under subsection (1), is entitled, on his retirement or resignation, to a return of the total contributions made by him under this Part, together with interest, if any, calculated pursuant to subsection (10). Return of contributions to survivor On the death of a Public Official who is a contributor under this Act, other than a Public Official who has made an election under subsection 9(1), there shall be paid, as a death benefit, to his or her survivor the total amount of the contributions made by that Public Official under this Part, together with interest, if any, calculated pursuant to subsection (10). Apportionment of death benefit when two survivors When a death benefit is payable under subsection (9) and there are two survivors of the Public Official, the total amount of the death benefit shall be apportioned in accordance with subsections (9.2) and (9.3). Amount payable to spouse The survivor referred to in paragraph (a) of the definition “survivor” in section 2 is entitled to receive the proportion of the death benefit that the aggregate of the number of years that he or she cohabited with the Public Official while married to the Public Official and the number of years that he or she cohabited with the Public Official in a relationship of a conjugal nature bears to the total number of years that the Public Official cohabited with the two survivors, either while married or while in a relationship of a conjugal nature. Amount payable to common-law partner The survivor referred to in paragraph (b) of the definition “survivor” in section 2 is entitled to receive the proportion of the death benefit that the number of years that he or she cohabited with the Public Official in a relationship of a conjugal nature Years In determining a number of years for the purpose of subsection (9.2) or (9.3), a part of a year shall be counted as a full year if the part is six or more months and shall be ignored if it is less. Interest on payment of amount of contributions When, at any time after December 31, 1974, a Public Official or his or her survivor becomes entitled, pursuant to subsection (1), (8) or (9) or 9(6) or section 12, to be paid any amount of the contributions made by the Public Official under this Part, the President of the Treasury Board shall determine the total amount of the contributions that have been made under this Act by the Public Official prior to 1974, and during each year, in this subsection called a “contribution year”, subsequent to 1973, in which contributions were made by the Public Official; and calculate interest at the rate of four per cent compounded annually on the total amount determined in respect of the period referred to in subparagraph (a)(i) from December 31, 1973 to December 31 of the year immediately preceding the year in which he ceased to be a contributor under this Act, and on the aggregate amount determined in respect of each contribution year referred to in subparagraph (a)(ii) from December 31 of that year to December 31 of the year immediately preceding the year in which he ceased to be a contributor under this Act. Public Official’s contribution Every Public Official who is not a contributor under the Public Service Superannuation Act and who is not a member of a special pension plan established under the Special Retirement Arrangements Act shall, by reservation from the Public Official’s salary, contribute to the Consolidated Revenue Fund six per cent of that salary minus an amount equal to the amount the Public Official would be required to contribute under the Canada Pension Plan in respect of that salary if that salary, expressed in terms of an annual rate, were the total amount of the Public Official’s income for the year from pensionable employment as defined in that Act. Contribution not required Notwithstanding subsection (1), no Public Official shall contribute to the Consolidated Revenue Fund as required by subsection (1) after he has served as a Public Official for a period of thirty-five years less the number of years of service on which any pension or annuity received by him in respect of any prior service under any other Act of Parliament is based. Service prior to Public Office A person who immediately prior to his appointment to a Public Office was employed in the federal public administration and was in receipt of a salary for that employment but was not a contributor under the Civil Service Superannuation Act or the Public Service Superannuation Act, or who immediately prior to his appointment to a Public Office was a judge of a superior, district or county court in Canada, may, for the purposes of this Act, count the whole or any part of his service in the federal public administration or as a judge, in this section called “prior service”, as service in a Public Office, if within one year after his appointment to the Public Office that person elects to contribute under this Act in respect of that prior service. Right to elect in respect of part of service A person who, by virtue of an election under subsection (1) to contribute under this Act in respect of his prior service, may count the whole or any part of that prior service for the purposes of this Act as service in a Public Office, may, within the time prescribed by that subsection for the making of that election, elect to contribute under this Act in respect of part only of his prior service but only that part that is most recent in point of time, and on so electing, may count that part of his prior service for the purposes of this Act as service in a Public Office. Contribution required in respect of prior service The contribution required under this section by virtue of an election by a Public Official to contribute under this Act in respect of any period of prior service is an amount equal to the amount that he would have been required to contribute had he, during that period, made contributions under this Act 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, together with simple interest at four per cent per annum until the time of the making of the election. Contribution in one sum or by instalments A contribution made under this section may be made in one sum or by instalments of equivalent value payable by reservation from salary or otherwise for life or for a period of years or for life, whichever is the shorter, which instalments shall be computed on such basis as to mortality and rate of interest as the Governor in Council may by regulation prescribe. Unpaid instalments Where a Public Official who has elected under this Act to pay for any period of prior service and has undertaken to pay for that period of service in instalments ceases to be a Public Official 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 pension payable to him under this Act, until all the instalments have been paid or the contributor dies, whichever occurs first. Certain prior service not to be counted Notwithstanding anything in this section, no person is, for the purposes of this Act, entitled to count as service in a Public Office any prior service in respect of which he is entitled to or has been granted a pension or annuity under any other Act of Parliament. Where Governor in Council may declare amount of salary In the case of a Public Official who was employed in the federal public administration immediately prior to appointment to a Public Office, the Governor in Council may from time to time declare that, for all purposes of this Act, the Public Service Superannuation Act and the Special Retirement Arrangements Act, the salary of the Public Official shall be such amount as the Governor in Council considers the Public Official would have received if the Public Official had remained in the position in the federal public administration that the Public Official held at the time of appointment to a Public Office. Election to accept pension in lieu of any other pension Where a Public Official who is not a contributor under the Public Service Superannuation Act and who is not a member of a special pension plan established under the Special Retirement Arrangements Act elects in writing, at any time prior to the Public Official’s retirement or resignation as a Public Official, to accept a pension authorized by this section, the Public Official is entitled, in lieu of the pension authorized by section 5, to a pension equal to two thirds of the pension to which the Public Official would, but for that election, have been entitled under section 5. Pension to spouse or common-law partner When a Public Official is receiving a pension under subsection (1), the Public Official’s spouse or common-law partner is entitled to a pension equal to one-half of the pension to which that Public Official is entitled. Apportionment between a spouse and common-law partner If a Public Official has both a spouse and a common-law partner on the first day that the Public Official’s pension is payable, the pension referred to in subsection (2) shall be apportioned between the spouse and the common-law partner on the basis of their number of years of cohabitation with the Public Official before that day. Pension payable to spouse The spouse of the Public Official is entitled to receive the proportion of the amount referred to in subsection (2) that the total number of years that the Public Official cohabited with the spouse and the common-law partner, either while married or while in a relationship of a conjugal nature. Pension payable to common-law partner The common-law partner of the Public Official is entitled to receive the proportion of the amount referred to in subsection (2) that When only one person entitled If, in respect of a Public Official, subsection (2.1) does not apply, the only person who is entitled to a pension under subsection (2) is the person who is the Public Official’s spouse or common-law partner on the first day that the Public Official’s pension is payable; or if the Public Official has neither a spouse nor a common-law partner on the first day that the Public Official’s pension is payable, the person who first becomes the Public Official’s spouse or common-law partner after that day. Pension to survivor When a Public Official who has made an election under subsection (1) dies while holding office as a Public Official, his or her survivor is entitled to a pension equal to one-half of the pension to which that Public Official would have been entitled had he or she, immediately prior to his or her death, retired or resigned from office, having become afflicted with a permanent infirmity disabling him or her from the due execution of his or her office. Election irrevocable An election made under this section is irrevocable. [Repealed, 1989, c. 6, s. 14] Return of contributions to survivor not entitled to pension When a Public Official who has made an election under subsection (1) dies while holding office as a Public Official and the survivor is not entitled to a pension under subsection (3), there shall be paid, as a death benefit, to the survivor the total amount of the contributions made by the Public Official under this Part, together with interest, if any, calculated pursuant to subsection 5(10). Apportionment when two survivors When a pension is payable under subsection (3) or a death benefit is payable under subsection (6) and there are two survivors of the Public Official, the total amount of the pension or death benefit shall be apportioned in accordance with subsections (8) and (9). The survivor referred to in paragraph (a) of the definition “survivor” in section 2 is entitled to receive the proportion of the pension or death benefit that The survivor referred to in paragraph (b) of the definition “survivor” in section 2 is entitled to receive the proportion of the pension or death benefit that In determining a number of years for the purpose of this section, a part of a year shall be counted as a full year if the part is six or more months and shall be ignored if it is less. Election If, after the retirement or resignation of a Public Official who is not a contributor under the Public Service Superannuation Act and who is not a member of a special pension plan established under the Special Retirement Arrangements Act, the Public Official elects within any period prescribed by the regulations to accept a pension authorized by this section, the Public Official is entitled, in lieu of the pension to which he or she is entitled on the date of the election, to a pension equal to two thirds of that pension. The spouse or common-law partner of the Public Official on the day of the election referred to in subsection (1) is entitled to a pension equal to one half of the pension to which the Public Official is entitled under that subsection. Pension is payable A pension that is authorized by this section becomes payable the month following the month in which the election made under subsection (1) is approved by the Minister. No entitlement A spouse or common-law partner who is entitled to a pension under section 9 in respect of a Public Official is not entitled to a pension under this section in respect of that Public Official. Payments out of C.R.F. The pensions and returns of contributions payable under this Act shall be paid out of the Consolidated Revenue Fund. Duration of payment Where a pension becomes payable under this Act, it shall be paid in equal monthly instalments in arrears and shall continue, subject to this Act, during the lifetime of the recipient and thereafter until the end of the month in which he dies. Election not to contribute under section 6 A Public Official who is not a contributor under the Public Service Superannuation Act may elect in writing within one year after his appointment to a Public Office not to contribute under section 6, and on so electing he shall, notwithstanding that section, not be required to contribute under that section. A Public Official is not required to contribute under the Public Service Superannuation Act by reason of an election made by him under subsection (1). Return of contributions A Public Official who has made an election under this section and who has made contributions under section 6 is entitled to a return of the total amount of those contributions without interest. Where sections 5, 6, 9 and 9.1 do not apply Sections 5 and 6 do not apply to a Public Official who has made an election under this section, and sections 9 and 9.1 do not apply to the spouse, common-law partner or survivor of a Public Official who has made an election under this section. Minimum benefit When, on the death of a Public Official, there is no survivor to whom a pension or return of contributions under this Part may be paid, or if the survivor of a Public Official who is or would be entitled to a pension under this Act dies or ceases to be entitled to the pension or return, any amount by which the total amount of the contributions made by the Public Official under this Part, together with interest, if any, calculated pursuant to subsection 5(10), exceeds the total amount paid to the Public Official and the survivor under this Act shall be paid, as a death benefit, to his or her estate or succession or, if less than one thousand dollars, as the President of the Treasury Board may direct. Presumption of death of Public Official or other person Where a Public Official or any person to whom any pension or return of contributions has become payable under this Act has disappeared under circumstances that, in the opinion of the President of the Treasury Board, raise beyond a reasonable doubt a presumption that that person is dead, the President of the Treasury Board may issue a certificate declaring that the person is presumed to be dead and stating the date on which his death is presumed to have occurred, and thereupon that person shall be deemed, for all purposes of this Act, to have died on the date so stated in the certificate. Effect of certificate Notwithstanding subsection (1), if after the issue of a certificate under that subsection it is made to appear that the person named in the certificate did not in fact die on the date stated therein, the certificate has effect as provided in subsection (1) in relation to any period before such time as it is made to appear that he did not in fact so die, but no effect in relation to any period after that time. Where person unable to manage affairs Where, for any reason, a person to whom any pension has become payable under this Act is unable to manage his own affairs, or where he is incapable of managing his own affairs and there is no person entitled by law to act as his committee, the Receiver General may pay to any person designated by the President of the Treasury Board to receive payment on behalf of that person any amount that is payable to that person under this Act. Diversion of payments to satisfy financial support order When any court in Canada of competent jurisdiction has made an order requiring a Public Official to pay financial support, amounts payable to that Public Official under this Act are subject to being diverted to the person named in the order in accordance with Part II of the Garnishment, Attachment and Pension Diversion Act. Payment deemed to be to person entitled For the purposes of this Act, any payment made pursuant to subsection (1) or (2) is deemed to be a payment to the Public Official in respect of whom the payment is made. Regulations The Governor in Council may make regulations for carrying into effect the purposes and provisions of this Act. In this Part, contributor means a Public Official who is required by subsection 6(1) to contribute to the Consolidated Revenue Fund, and a person described in subsection 6(2) who is a Public Official; (contributeur) Supplementary Retirement Benefits Account means the Account established in the accounts of Canada pursuant to the Supplementary Retirement Benefits Act. (compte de prestations de retraite supplémentaires) Contributions Commencing with the month of April, 1970, every contributor is required to contribute to the Supplementary Retirement Benefits Account, by reservation from his salary, an amount equal to one-half of one per cent of his salary. Notwithstanding subsection (1), commencing with the month of January, 1977, every contributor is required to contribute to the Supplementary Retirement Benefits Account, by reservation from his salary, an amount equal to one per cent of his salary. Contributions for elective service Notwithstanding section 17, a Public Official who elects pursuant to section 7 to count as service in a Public Office any period of elective service specified in that section, or any portion thereof, that is after March 31, 1970 and before January 1, 1977, or any period of elective service specified in that section, or any portion thereof, that is after December 31, 1976, is required to contribute to the Supplementary Retirement Benefits Account in respect thereof, in addition to any amount he is required to contribute under section 7, an amount calculated in the manner and in respect of the salary described in that section, in the case of any period of elective service or portion thereof described in paragraph (a), at the rate set out in subsection 17(1), and in the case of any period of elective service or portion thereof described in paragraph (b), at the rate set out in subsection 17(2). Manner of payment Subsections 7(3) and (4) apply with such modifications as the circumstances require to amounts required to be paid under subsection (1). Amount to be credited to S.R.B. Account Where any amount is paid into the Supplementary Retirement Benefits Account pursuant to sections 17 and 18, an amount equal to the amount so paid shall be credited to that Account. Resumption of allowances to spouses Where, before the coming into force of this Act, payment of an allowance, annuity or pension to a spouse or surviving spouse was suspended or ceased, on remarriage of the spouse or surviving spouse, pursuant to subsection 25(2) of the Public Service Superannuation Act, section 27 of the Canadian Forces Superannuation Act, subsection 30(2) of the Defence Services Pension Continuation Act, subsection 9(5) of the Diplomatic Service (Special) Superannuation Act, subsection 14(2), 19(4) or 31(5) of the Members of Parliament Retiring Allowances Act, subsection 38.1(2) or 39(2) of the Members of Parliament Retiring Allowances Act, R.S.C. 1970, c. M-10 (as amended by R.S.C. 1970, c. 25 (1st Supp.), ss. 14 and 15), subsection 24(2) of the Royal Canadian Mounted Police Pension Continuation Act or section 16 of the Royal Canadian Mounted Police Superannuation Act, as that provision read from time to time before the coming into force of this Act, payment of the allowance, annuity or pension, as the case may be, to the spouse or surviving spouse shall, subject to that Act, be resumed on and with effect from the day on which this Act comes into force.