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Supplementary Death Benefit Regulations (C.R.C., c. 1360)

Regulations are current to 2022-11-16 and last amended on 2015-06-23. Previous Versions

Effective Dates of Ceasing to Be Employed in the Public Service

 Subject to sections 21 and 22, a participant, other than an elective participant, shall be deemed to have ceased to be employed in the Public Service,

  • (a) in the case of a participant other than a participant described in paragraphs (b) to (e), on the day following the last day for which he received pay in respect of his employment in the Public Service;

  • (b) in the case of a participant who dies, on the day following the day of his death;

  • (c) in the case of a participant who is on authorized leave of absence without pay, on the earlier of

    • (i) the day following the day on which his deputy head advises the Minister in writing that the employee ceased to be employed in the Public Service, and

    • (ii) the day that, according to the provisions of any other Act of Parliament governing employment outside the Public Service, he became a contributor to any other superannuation or pension fund or plan;

  • (d) in the case of a participant who is on unauthorized leave of absence without pay, the day following the day on which his deputy head advises the Minister in writing that the employee ceased to be employed in the Public Service;

  • (e) in the case of a participant who is under suspension pursuant to the provisions of any Act of Parliament, the day he ceased to be employed in the Public Service as certified by his deputy head to the Minister; and

  • (f) in the case of a participant who ceases to be required to contribute under Part I of the Act by reason of becoming a person described in paragraph 5(1)(g) or (h) or subsection 5.1(1) of the Act, the day following the last day on which he or she was required to contribute.

  • (g) [Repealed, SOR/99-378, s. 7]

  • SOR/92-716, ss. 7(F), 8(F), 11
  • SOR/94-541, s. 2
  • SOR/99-378, s. 7
  •  (1) A participant who is a sessional employee shall be deemed to have ceased to be employed in the Public Service on the first day of the session of Parliament immediately following the session in which he was actively employed unless

    • (a) within a period of 10 days from that day he returns to duty; or

    • (b) the Speaker of the House of Parliament in which he is or was employed advises the Minister in writing that the employee will cease or has ceased to be employed on a day earlier than that first day.

  • (2) Subsection (1) does not apply to a sessional employee in respect of a special or emergency session of Parliament at which the employee is not required to perform any services.

  • SOR/92-716, s. 7(F)

 A participant who is a seasonal employee shall be deemed to have ceased to be employed in the Public Service on the first day he is required to return to duty following the season in which he was actively employed unless

  • (a) within a period of 10 days from that day he returns to duty; or

  • (b) his deputy head advises the Minister in writing that the employee will cease or has ceased to be employed on a day earlier than that first day.

  • SOR/92-716, s. 7(F)

Retroactive Increases in Salary

 Where a retroactive increase is authorized in the salary of a participant, such increase shall be deemed to have commenced to have been received by him on the first day of the month following the month in which

  • (a) the Governor in Council or the Treasury Board, as the case may be, approves such increase; or

  • (b) written approval of such increase was duly issued by the appropriate authority in any case where approval of the Governor in Council or the Treasury Board is not required.

Proof of Age and Marital Status

  •  (1) For the purposes of Part II of the Act, proof of age shall be established in the same manner and at the same time as it is established under section 48 of the Public Service Superannuation Regulations.

  • (2) Unless the Minister is satisfied that a participant had not attained the age of 55 years at the time of his death, not more than 20 per cent of the benefit shall be paid upon the death of the participant until proof of his age has been established in accordance with section 48 of the Public Service Superannuation Regulations.

  • (3) No benefit shall be paid upon the death of a participant to any person purporting to be the widow of the participant until proof of marital status has been established in accordance with section 49 of the Public Service Superannuation Regulations.

  • (4) Subject to subsection 25(4) of the Act, if within one year after the death of a contributor the person claiming to be the widow of a contributor cannot prove that she is his widow, in the manner prescribed by subsection (1) of this section, the contributor shall, for the purposes of the Act, be deemed to have died without leaving a widow.

  • SOR/92-716, ss. 7(F), 11

Elections

  •  (1) Every election made by a person pursuant to section 51 of the Act shall be made by him in writing, in the form prescribed by the Minister and signed by the person making the election, and the original thereof shall be sent or delivered to the Minister within the time prescribed by section 51 of the Act for the making of such an election.

  • (2) There shall be issued to each elective participant, as evidence that he is a participant under the Act,

    • (a) a document in Form B of Schedule II, in the case of an elective participant who is required to contribute in accordance with subsection 10(1); and

    • (b) a document in Form C of Schedule II, in any other case.

  • SOR/92-716, ss. 7(F), 8(F), 9(F), 11
  • SOR/99-378, s. 8

Naming or Substitution of a Beneficiary

  •  (1) Subject to the provisions of this section, a participant may, for the purposes of Part II of the Act, name a beneficiary under Part II of the Act or substitute a new named beneficiary.

  • (2) The naming of a beneficiary or the substitution of a named beneficiary by a participant pursuant to subsection (1) shall be evidenced in writing in the form set out in Schedule V and the form shall be dated, witnessed and forwarded to the Minister.

  • (3) Subject to subsection (4), the naming of a beneficiary or the substitution of a named beneficiary by a participant shall be effective on the date the participant executes the form referred to in subsection (2) if the completed form is received by the Minister prior to the death of the participant.

  • (4) Where the completed form was not forwarded to the Minister pursuant to subsection (2) but was received by the department in which the participant is employed, or was employed prior to his ceasing to be employed in the Public Service, and the deputy head of that department advises the Minister that the form was received by the department prior to the death of the participant, the naming of a beneficiary or the substitution of a named beneficiary by a participant shall be effective on the date the participant executed the form referred to in subsection (2) if the form is received by the Minister prior to the payment of any benefit under Part II of the Act.

  • (5) For the purposes of Part II of the Act, a beneficiary may be

    • (a) the estate of the participant;

    • (b) any person over the age of 18 years on the date of the naming or substitution;

    • (c) any charitable organization or institution;

    • (d) any benevolent organization or institution; or

    • (e) any eleemosynary religious or educational organization or institution.

  • SOR/86-635, s. 1
  • SOR/92-716, s. 7(F)

 Notwithstanding section 26, a beneficiary, named by a participant pursuant to subsection 26(1), ceases to be that participant’s beneficiary under Part II of the Act the day following the day the participant ceases to be a participant under that Part.

  • SOR/80-937, s. 1

Crown Corporation and Public Boards

[
  • SOR/92-716, s. 10(F)
]

 The Crown corporation and public boards specified in Schedule III are excluded from the operation of Part II of the Act.

  • SOR/92-716, s. 10(F)

 Every Crown corporation or public board set out in Schedule IV shall pay to the Consolidated Revenue Fund each month an amount equal to $0.04 for every $1,000 of the basic benefit of each participant who is employed by the Crown corporation or public board at any time during that month.

  • SOR/92-716, s. 5
  • SOR/99-378, s. 9

Payment for Reasonable Expenses

 With the approval of the Minister, there may be paid out of any benefit payable to the widow, referred to in section 55 of the Act, or beneficiary, estate or succession of a deceased participant

  • (a) to any person, group or association of persons any reasonable expenses incurred by such persons, group or association for the maintenance, medical care or burial of the deceased participant; or

  • (b) to the Receiver General reasonable expenses incurred by Her Majesty for the maintenance, medical care or burial of the deceased participant.

  • SOR/78-477, s. 1
  • SOR/99-378, s. 10

Interest

 Interest shall be credited to the Public Service Death Benefit Account in respect of each quarter in each fiscal year on the last day of June, September, December and March, calculated at the rate referred to in subsection 46(2) of the Public Service Superannuation Regulations on the balance to the credit of the Account on the last day of the preceding quarter.

  • SOR/92-716, s. 7(F)
 
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