An Act respecting the adjustment of certain public service pensionsPublic Service Pension Adjustment ActPublic Service Pension Adjustment20196
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P-33.6P-331970Short Title
Short titleThis Act may be cited as the Public Service Pension Adjustment Act.1959, c. 32, s. 1
Interpretation
DefinitionsIn this Actchild means a person who is in receipt of a pension by virtue of being the child of an employee and, unless the context otherwise requires, does not include an orphan; (enfant)employee means a person in receipt of a pension who wasemployed in the public service of Canada,a member of the forces, ora member of the Royal Canadian Mounted Police; (employé)forces means the regular forces of the Canadian Forces, and includes the forces known before the coming into force of Part II of the National Defence Act 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; (forces)orphan means a child of an employee who is in receipt of a pension by virtue of being an orphan; (orphelin)pension means the basic pension, annual allowance or annuitypayable pursuant to an enactment or pension plan listed in Schedule I, andcalculated, without regard to any reduction or decrease made after the date the pension first became payable, on the basis of the length of service of the employee to or in respect of whom such pension, annual allowance or annuity is payable; (pension)recipient means an employee, widow, child or orphan; (bénéficiaire)salary includes wages and pay and allowances; (traitement)widow means a person who is in receipt of a pension by virtue of being the widow of an employee. (veuve)1959, c. 32, s. 2
Calculation of Adjustment
Calculation of adjustmentSubject to this Act, the annual rate of the pension payable to a recipient whose pension does not exceed the annual rate specified in column 2 of Schedule III for the class to which that recipient belongs is increased by an amount equal to the lesser ofthe amount obtained by multiplyingthe annual rate of the pension payable to the recipient, orthe annual rate specified in column 1 of Schedule III for the class to which the recipient belongs,whichever is the lesser, by the figure in columns 2 to 7 of Schedule II that is appropriate to the salary basis on which the pension of the recipient is calculated and is opposite the latest period of service of the employee, to or in respect of whom the pension is payable, as set out in column 1 of the said Schedule, that was used to calculate the pension; andan amount equal to the amount remaining after subtracting the annual rate of the pension payable to that recipient from the annual rate specified in column 2 of Schedule III for the class to which the recipient belongs.Pension deemed to be calculated on ten year average salary basisWhere the pension of a recipient was calculated on the average annual salary received by the employee to or in respect of whom the pension is payable during the period of pensionable service to that employee’s credit, but would, if that employee had ten years or more pensionable service, have been calculated on the basis of the average annual salary received by him during a ten year period, the pension of that recipient shall, for the purposes of this Act, be deemed to be calculated on a ten year average salary basis.1959, c. 32, s. 3
Person in receipt of more than one pensionWhere a recipient is in receipt of more than one pension and the total annual rate of the pensions payable to that recipient exceeds the annual rate specified in column 2 of Schedule III for the class to which the recipient belongs, no increase shall be made pursuant to this Act in any of the pensions payable to that recipient.1959, c. 32, s. 4
Rules applicable where person is in receipt of two pensionsSubject to subsection (2), where a recipient is in receipt of two pensions and the total annual rate of both pensions does not exceed the annual rate specified in column 2 of Schedule III for the class to which the recipient belongs, each pension of that recipient shall be increased in accordance with the following rules:if the annual rate of the first pension of the recipient is equal to or greater than the annual rate specified in column 1 of Schedule III for the class to which the recipient belongs, the annual rate of the first pension of that recipient shall be increased in accordance with the formula set out in section 3, and no increase shall be made in the annual rate of the second pension of the recipient;if the aggregate of the annual rate of the first and second pensions of the recipient is less than the annual rate specified in column 1 of Schedule III for the class to which the recipient belongs, the annual rate of each of the pensions of that recipient shall be increased in accordance with the formula set out in section 3; andif the annual rate of the first pension of the recipient is less than the annual rate specified in column 1 of Schedule III for the class to which the recipient belongs, but the aggregate of the annual rate of the first and second pensions of the recipient exceeds the annual rate specified in column 1 of Schedule III for the class to which the recipient belongs, the annual rate of each of the pensions of that recipient shall be increased in accordance with the formula set out in section 3, and for the purposes of this paragraph the annual rate of the second pension shall be deemed to be an amount equal to the resultant obtained by subtracting from the annual rate specified in column 1 of Schedule III for the class to which the recipient belongs, the annual rate of the first pension of the recipient.Maximum increaseNo increase shall be made pursuant to this section in the pension payable to a recipient so that the aggregate of the annual rate of both pensions of that recipient and the increases thereto exceeds the annual rate specified in column 2 of Schedule III for the class to which the recipient belongs.DefinitionsIn this sectionfirst pension means the pension payable to a recipient and calculated in respect of a period of service that is earlier in time than the latest period of service in respect of which the other pension payable to that recipient is calculated; (première pension)second pension means a pension payable to a recipient other than a first pension. (seconde pension)1959, c. 32, s. 5
Person in receipt of two or more pensionsWhere a recipient is in receipt of more than two pensions and the total annual rate of all the pensions payable to him does not exceed the annual rate specified in column 2 of Schedule III for the class to which that recipient belongs, each pension of that recipient shall be increased by such amount as the Treasury Board determines, but the aggregate of the increases in the pensions payable to that recipient shall not exceed an annual amount equal to the lesser ofthe maximum annual increase specified in column 3 of Schedule III for the class to which that recipient belongs; andthe amount remaining after subtracting the aggregate of the annual rate of all the pensions payable to that recipient from the annual rate specified in column 2 of Schedule III for the class to which the recipient belongs.1959, c. 32, s. 6
Person in receipt of two or more pensions as employee and widowNotwithstanding anything in this Act, where a recipient as an employee and as a widow of an employee is in receipt of two or more pensionsif the total rate of all the pensions payable to that recipient exceeds three thousand dollars, no increase shall be made in the annual rate of any of the pensions payable to that recipient; andif the total rate of all the pensions payable to that recipient does not exceed three thousand dollars, each pension shall, subject to subsection (2), be increased in accordance with the formula set out in section 3.Maximum increaseThe aggregate of all increases made in the pensions of a recipient described in subsection (1) shall not exceed an annual amount equal to the lesser ofthe amount remaining after subtracting from three thousand dollars the aggregate of the annual amount of the pensions payable to the recipient; andan amount determined by the Treasury Board but in no case exceeding six hundred and forty dollars.1959, c. 32, s. 7
General
Pensions payable under Civil Service Superannuation ActAn increase shall be made pursuant to this Act in the annual rate of the pension payable to a recipient under the Civil Service Superannuation Act only where the pension is payable in respect of service in the Civil Service to the credit of the employee to or in respect of whom the pension is payable under that Act.Pensions payable under Public Service Superannuation ActAn increase shall be made pursuant to this Act in the annual rate of the pension payable to a recipient under the Public Service Superannuation Act only where the pension is payable in respect of pensionable service to the credit of the employee to or in respect of whom the pension is payable under that Act.1959, c. 32, s. 8
Commencement of payment of increaseNo increase shall be made pursuant to this Act in the annual rate of the pension payable to a recipient for any period before the 1st day of August 1959.1959, c. 32, s. 9
Pensions of recipients re-employed in public servicesThe Governor in Council may make regulations specifying, notwithstanding anything in this Act, the extent to which and the circumstances under which any increase in a pension payable to a recipient who holds any office or position or performs any services the remuneration for which is payable out of the Consolidated Revenue Fund or by an agent of Her Majesty in right of Canada shall be reduced or suspended.IdemNotwithstanding section 9 and subject to such conditions as the Treasury Board may prescribe, the amount of the increase determined in accordance with this Act in the annual rate of the pension payable to a person who was a recipient described in subsection (1) at any time between April 1st, 1959 and July 8th, 1959, is payable from April 1st, 1959.1959, c. 32, s. 10
Increases deemed paid under Public Service Superannuation Act, etc.For the purposes of section 15 of the Public Service Superannuation Act or a similar provision in any other superannuation Act that provides for the payment to the estate of a contributor under that Act of any amount by which the amount of a return of contributions exceeds the aggregate of all amounts paid under that Act to or in respect of that contributor, the amount of any increase to a pension paid to a recipient pursuant to this Act shall be deemed to have been paid to the recipient under the Public Service Superannuation Act or other superannuation Act, as the case may be.DefinitionsIn this section “other superannuation Act” means any Act under which a pension is paid that is increased pursuant to this Act.1959, c. 32, s. 11
Manner of payment of increasesThe amount by which the pension of a recipient is increased pursuant to this Act shall be paid at the same times, in the same manner, during or in respect of the same periods and subject to the same terms and conditions, including termination of payment, as the pension of the recipient.1959, c. 32, s. 12
Amounts payable out of C.R.F.The amounts payable under this Act shall be paid out of the Consolidated Revenue Fund.1959, c. 32, s. 13
[Repealed, 1988, c. 2, s. 68]Civil Service Superannuation Act.and 4. [Repealed, 1988, c. 2, s. 68]Subsection 15(2) of the Currency, Mint and Exchange Fund Act, chapter 315 of the Revised Statutes of Canada, 1952.Parts II, III and V of the Royal Canadian Mounted Police Act, chapter 241 of the Revised Statutes of Canada, 1952, as that Act read before April 1, 1960.Defence Services Pension Act, chapter 63 of the Revised Statutes of Canada, 1952, as that Act read before March 1, 1960.Public Service Superannuation Act.The Pension Plan of the National Harbours Board.An Appropriation Act of the Parliament of Canada that, in the opinion of the Treasury Board, provides for a pension calculated on the basis of length of service of the employee to or in respect of whom it was granted or is payable.R.S., 1970, c. P-33, Sch. I; 1988, c. 2, s. 68Latest period of service of employee used to calculate pension —Période de service la plus récente de l’employé utilisée pour le calcul de la pensionPension calculated on 10 year average salary basis —Pension calculée d’après le traitement moyen de dix annéesPension calculated on 6 year average salary basis —Pension calculée d’après le traitement moyen de six annéesPension calculate on 5 year average salary basis —Pension calculée d’après le traitement moyen de cinq annéesPension calculated on 3 year average salary basis —Pension calculée d’après le traitement moyen de trois annéesPension calculated on final year salary basis —Pension calculée d’après le traitement de l’année finalePension calculated on final salary basis —Pension calculée d’après le dernier traitementColumn 1 —Colonne 1Column 2 —Colonne 2Column 3 —Colonne 3Column 4 —Colonne 4Column 5 —Colonne 5Column 6 —Colonne 6Column 7 —Colonne 71945 and earlier — 1945 et antérieurement0.320.320.320.320.320.32Jan. - Mar. 1946 — Janvier - mars 19460.320.320.320.320.320.28Apr. - June 1946 — Avril - juin 19460.320.320.320.310.300.26July - Sept. 1946 — Juillet - septembre 19460.320.320.320.300.280.24Oct. - Dec. 1946 — Octobre - décembre 19460.320.320.320.290.260.18Jan. - Mar. 1947 — Janvier - mars 19470.320.320.320.280.240.16Apr. - June 1947 — Avril - juin 19470.310.300.300.260.190.12July - Sept. 1947 — Juillet - septembre 19470.300.280.280.240.140.08Oct. - Dec. 1947 — Octobre - décembre 19470.290.260.260.220.090.01Jan. - Mar. 1948 — Janvier - mars 19480.280.240.240.200.040Apr. - June 1948 — Avril - juin 19480.270.230.220.160.030July - Sept. 1948 — Juillet - septembre 19480.260.220.200.120.020Oct. - Dec. 1948 — Octobre - décembre 19480.250.210.180.080.010Jan. - Mar. 1949 — Janvier - mars 19490.240.200.160.0400Apr. - June 1949 — Avril - juin 19490.230.180.140.0300July - Sept. 1949 — Juillet - septembre 19490.220.160.120.0200Oct. - Dec. 1949 — Octobre - décembre 19490.210.140.100.0100Jan. - Mar. 1950 — Janvier - mars 19500.200.120.08000Apr. - June 1950 — Avril - juin 19500.180.100.06000July - Sept. 1950 — Juillet - septembre 19500.160.080.04000Oct. - Dec. 1950 — Octobre - décembre 19500.140.060.02000Jan. - Mar. 1951 — Janvier - mars 19510.120.040000Apr. - June 1951 — Avril - juin 19510.110.030000July - Sept. 1951 — Juillet - septembre 19510.100.020000Oct. - Dec. 1951 — Octobre - décembre 19510.090.010000Jan. - Mar. 1952 — Janvier - mars 19520.0800000Apr. - June 1952 — Avril - juin 19520.0600000July - Sept. 1952 — Juillet - septembre 19520.0400000Oct. - Dec. 1952 — Octobre - décembre 19520.0200000Jan. - 1953 and later — Depuis janvier 1953000000
1959, c. 32, Sch. B. — 1959, ch. 32, ann. BClass of RecipientAnnual Rate of PensionMaximum Annual IncreaseColumn 1Column 2Column 3Employee$2,000.00$3,000.00$640.00Widow1,000.001,500.00320.00Child200.00300.0064.00Orphan400.00600.00128.00
1959, c. 32, Sch. C