Bill C-319: An Act to amend the Canadian Forces Superannuation Act, the Judges Act, the Public Service Superannuation Act and the Royal Canadian Mounted Police Superannuation Act (survivor pension benefits)

Canadian Forces Superannuation Act Judges Act Public Service Superannuation Act Royal Canadian Mounted Police Superannuation Act Transitional Provisions First Session, Forty-second Parliament, 64-65 Elizabeth II, 2015-2016 HOUSE OF COMMONS OF CANADA BILL C-319 An Act to amend the Canadian Forces Superannuat­ion Act, the Judges Act, the Public Service Superannuation Act and the Royal Canadian Mounted Police Superannuation Act (survivor pension benefits) FIRST READING, November 2, 2016 Ms. Mathyssen 421283 SUMMARY This enactment amends the Canadian Forces Superannuation Act, the Judges Act, the Public Service Superannuation Act and the Royal Canadian Mounted Police Superannuation Act to allow the survivor of an eligible person to receive pension benefits after the death of the person even if the person and the survivor married or began cohabiting in a conjugal relationship after the person attained the age of 60 years or retired. Available on the Parliament of Canada Web Site at the following address: http://www.parl.gc.ca 1st Session, 42nd Parliament, 64-65 Elizabeth II, 2015-2016 HOUSE OF COMMONS OF CANADA BILL C-319 An Act to amend the Canadian Forces Superannuat­ion Act, the Judges Act, the Public Service Superannuation Act and the Royal Canadian Mounted Police Superannuation Act (survivor pension benefits) Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: R.‍S.‍, c. 17 Canadian Forces Superannuation Act 1 Paragraph 25(1)‍(b) of the Canadian Forces Superannuation Act is replaced by the following: (b) in the case of each child, an immediate annual allowance equal to one-fifth of the basic allowance or, if the contributor died without leaving a survivor, the survivor is dead or the survivor is not entitled to receive an allowance under this Part, two-fifths of the basic allowance. 2 Subsection 25(2) of the Act is replaced by the following: Total child allowance (2) The total amount of the allowances paid under paragraph (1)‍(b) shall not exceed four-fifths of the basic allowance or, if the contributor died without leaving a survivor, the survivor is dead or the survivor is not entitled to receive an allowance under this Part, eight-fifths of the basic allowance. 3 Section 25.‍1 of the Act is repealed. 4 Subsection 31(1) of the Act is repealed. 5 Paragraph 50(1)‍(r) of the Act is repealed. R.‍S.‍, c. J-1 Judges Act 6 Subsection 44(4) of the Judges Act is repealed. 7 Section 44.‍2 of the Act is repealed. 8 Subsection 52(1) of the Act is replaced by the following: Diversion of payments to satisfy financial support order 52 (1) If any court in Canada of competent jurisdiction has made an order requiring a recipient of an annuity or other amount payable under section 42, 43, 44 or 44.‍1, or under subsection 51(1) to pay financial support, amounts so payable to the recipient 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. R.‍S.‍, c. P-36 Public Service Superannuation Act 9 The portion of subsection 12(4) of the Public Service Superannuation Act after paragraph (a) is replaced by the following: (b) in the case of each child, an immediate annual allowance equal to one-fifth of the basic allowance or, if the contributor died without leaving a survivor, the survivor is dead or the survivor is not entitled to receive an allowance under this Part, two-fifths of the basic allowance, but the total amount of the allowances paid under paragraph (b) shall not exceed four-fifths of the basic allowance or, if the contributor died without leaving a survivor, the survivor is dead or the survivor is not entitled to receive an allowance under this Part, eight-fifths of the basic allowance. 10 The portion of subsection 12.‍1(5) of the Act after paragraph (a) is replaced by the following: (b) in the case of each child, an immediate annual allowance equal to one-fifth of the basic allowance or, if the contributor died without leaving a survivor, the survivor is dead or the survivor is not entitled to receive an allowance under this Part, two-fifths of the basic allowance. However, the total amount of the allowances paid under paragraph (b) shall not exceed four-fifths of the basic allowance or, if the contributor died without leaving a survivor, the survivor is dead or the survivor is not entitled to receive an allowance under this Part, eight-fifths of the basic allowance. 11 Section 13.‍1 of the Act is repealed. 12 Subsection 26(1) of the Act is repealed. 13 Paragraph 42.‍1(1)‍(j) of the Act is repealed. R.‍S.‍, c. R-11 Royal Canadian Mounted Police Superannuation Act 14 The portion of subsection 13(1) of the Royal Canadian Mounted Police Superannuation Act after paragraph (a) is replaced by the following: (b) in the case of each child, an immediate annual allowance equal to one-fifth of the basic allowance or, if the contributor died without leaving a survivor, the survivor is dead or the survivor is not entitled to receive an allowance under this Part, two-fifths of the basic allowance, but the total amount of the allowances paid under paragraph (b) shall not exceed four-fifths of the basic allowance or, if the contributor died without leaving a survivor, the survivor is dead or the survivor is not entitled to receive an allowance under this Part, eight-fifths of the basic allowance. 15 Section 14.‍1 of the Act is repealed. 16 Subsection 19(1) of the Act is repealed. 17 Paragraph 26.‍1(1)‍(e) of the Act is repealed. Transitional Provisions Canadian Forces Superannuation Act 18 A contributor who opted to reduce the amount of their annuity or annual allowance under subsection 25.‍1(1) of the Canadian Forces Superannuation Act, as it read immediately before the day on which this section comes into force, is deemed to have revoked the option on that day. Judges Act 19 A judge who elected to reduce their annuity under subsection 44.‍2(1) of the Judges Act, as it read immediately before the day on which this section comes into force, is deemed to have revoked the election on that day. Public Service Superannuation Act 20 A contributor who elected to reduce the amount of their annuity or annual allowance under subsection 13.‍1(1) of the Public Service Superannuation Act, as it read immediately before the day on which this section comes into force, is deemed to have revoked the election on that day. Royal Canadian Mounted Police Superannuation Act 21 A contributor who elected to reduce the amount of their annuity or annual allowance under subsection 14.‍1(1) of the Royal Canadian Mounted Police Superannuation Act, as it read immediately before the day on which this section comes into force, is deemed to have revoked the election on that day. Published under authority of the Speaker of the House of Commons