Law:Civil Service Insurance Act

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R.s.c., 1952, c. 49

An Act respecting Government Civil Service Insurance


Contents

Short Title

Short title

1. This Act may be cited as the Civil Service Insurance Act.

R.S., 1927, c. 23, s. 1.


Interpretation

Definitions

2. In this Act,

“children”

« enfants »

“children” includes adopted children;

“common-law partner”

« conjoint de fait »

“common-law partner”, in relation to an insured, means a person who is cohabiting with the insured in a conjugal relationship, having so cohabited for a period of at least one year;

“declaration”

« déclaration »

“declaration” means an instrument signed by the insured in which he apportions the insurance money payable under his insurance contract, if

(a) the instrument is attached to the insurance contract,

(b) an endorsement is made on the insurance contract with respect to the instrument, or

(c) the instrument identifies or describes the insurance contract;

“instrument”

« acte »

“instrument” includes a will;

“insurance contract”

« contrat d’assurance »

“insurance contract” means any contract whereby, under the authority of this Act, the Minister contracts with a person for the payment of a certain sum of money to be made upon the death of that person;

“insurance money”

« produit de l’assurance »

“insurance money” means the amount contracted to be paid by the Minister under an insurance contract;

“the insured”

« l’assuré »

“the insured” means any person contracting with the Minister under this Act;

“Minister”

« Ministre »

“Minister” means the Minister of Finance;

“will”

« testament »

“will” includes a codicil.

R.S., 1952, c. 49, s. 2; 1974-75-76, c. 42, s. 1; 2000, c. 12, s. 78.

Insurance contract

3. Where it is stated in an insurance contract or in a declaration in respect thereof that the insurance contract is for the benefit of the spouse and children or of the children of the insured, without specifying their names, then the word "children" means all the children of the insured living at the time of his death.

R.S., 1952, c. 49, s. 3; 1974-75-76, c. 42, s. 2.


Administration

Superintendent of Financial Institutions

4. This Act shall be administered by the Superintendent of Financial Institutions.

R.S., 1952, c. 49, s. 4; 1992, c. 1, s. 39.


Insurance Contracts

Who may insure

5. The Minister may contract with a person appointed to a permanent position in any branch of the federal public administration, whether civil or military, for the payment of a certain sum of money to be made on the death of the person.

R.S., 1952, c. 49, s. 5; 1992, c. 1, s. 39; 2003, c. 22, s. 224(E).

Previous VersionApportionment of insurance if the insured is a married man

6. Where the insured is a married man or a widower with children, the insurance contract shall be for the benefit of his wife, or of his wife and children, or of his wife and some one or more of his children, or of his children only, or of some one or more of them, and where the insurance contract is effected for the benefit of more than one, the insured may apportion the insurance money among them as he deems proper.

R.S., 1927, c. 23, s. 6.

If the insured is unmarried

7. Where the insured is an unmarried man, the insurance contract shall be for the benefit of his future wife, or of his future wife and children, and the insured may apportion the insurance money among them in such manner as he sees fit, but if, at the maturity of the contract, he is still unmarried, or is a widower without children, the insurance money shall fall into and become part of his estate.

R.S., 1927, c. 23, s. 7.

How evidenced

8. An apportionment under section 6 or 7 may be made in the insurance contract or by a declaration.

R.S., 1952, c. 49, s. 8; 1974-75-76, c. 42, s. 3.

Share of person dying before the insured

9. (1) Where an apportionment has been made as provided in sections 6 to 8 or in this section, and one or more of the persons in whose favour the apportionment has been made dies in the lifetime of the insured, the insured may by a declaration provide that the shares formerly apportioned to the person or persons so dying shall be for the benefit of the wife and children of the insured, or of one or more of them, as he sees fit.

If no declaration

(2) In default of such declaration the shares of the persons so dying shall be for the benefit of the survivor, or survivors of the persons in whose favour the apportionment was made, in equal shares if more than one.

If all the beneficiaries die

(3) Where an apportionment has been made as provided in sections 6 to 8 or in this section and all the persons in whose favour the apportionment has been made die in the lifetime of the insured, the insured may by a declaration provide that the insurance money shall be for the benefit of the wife and children of the insured, or of one or more of them, in such proportions as he sees fit, and in default of such declaration, the insurance money shall be for the benefit of his wife and his children, in equal shares.

If insured survives wife, etc.

(4) If the insured survives his wife and all his children the insurance money shall fall into and become part of the estate of the insured.

R.S., 1952, c. 49, s. 9; 1974-75-76, c. 42, s. 4.

In case of married woman or widow

10. (1) Where the insured is a married woman or a widow, the insurance contract shall be for the benefit of her husband, children, father, mother, brothers, sisters and any other person dependent on her, or one or more of them.

In case of unmarried woman

(2) Where the insured is an unmarried woman, the insurance contract shall be for the benefit of her future husband, future children, father, mother, brothers, sisters and any other person dependent on her, or one or more of them, but if, at the maturity of the insurance contract, she is still unmarried or is a widow without children, any insurance money that she has apportioned for the benefit of her future husband or future children shall be for the benefit of the other persons in whose favour an apportionment has been made, in equal shares, or where no such apportionment has been made, shall fall into and become part of the estate of the insured.

In case of more than one beneficiary

(3) Where the insured is a woman and the insurance contract is for the benefit of more than one person, the insured may apportion the insurance money among them in such a manner as she sees fit, and such apportionment may be made in the insurance contract or by a declaration.

R.S., 1952, c. 49, s. 10; 1974-75-76, c. 42, s. 5.

When one or more beneficiaries die during lifetime of insured

11. (1) Where an apportionment has been made as provided in section 10 or in this section and one or more of the persons in whose favour the apportionment has been made dies in the lifetime of the insured, the insured may by a declaration provide that the shares formerly apportioned to the person or persons so dying shall be for the benefit of the persons who may be her beneficiaries under this Act, or of one or more of them, in such proportions as she sees fit.

In default of declaration

(2) In default of such declaration the shares of the persons so dying shall be for the benefit of the survivor or survivors, if any, of the persons in whose favour the apportionment was so made, in equal shares if more than one.

When all beneficiaries die during lifetime of insured

(3) Where an apportionment has been made as provided in section 10 or in this section and all the persons in whose favour the apportionment has been made die in the lifetime of the insured, the insured may by a declaration provide that the insurance money shall be for the benefit of the persons who may be her beneficiaries under this Act, or of one or more of them, in such proportions as she sees fit and, in default of such declaration, the insurance shall fall into and become part of the estate of the insured.

When insured survives beneficiaries

(4) Where the insured survives all the persons who may be her beneficiaries under this Act, the insurance money shall fall into and become part of the estate of the insured.

(5)�(Repealed, 1974-75-76, c. 42, s. 6)

R.S., 1952, c. 49, s. 11; 1974-75-76, c. 42, s. 6.

Invalid will

12. (1) An apportionment in an instrument purporting to be a will is not ineffective by reason only of the fact that the instrument is invalid as a will or that the apportionment is invalid as a bequest under the will.

Priorities

(2) An apportionment in a will is of no effect against a declaration made later than the making of the will.

Revocation

(3) Where an apportionment is contained in a will and the will is subsequently revoked by operation of law or otherwise, the apportionment is thereby revoked.

Idem

(4) Where an apportionment is contained in an instrument that purports to be a will and the instrument, if valid as a will, would subsequently be revoked by operation of law or otherwise, the apportionment is thereby revoked.

R.S., 1952, c. 49, s. 12; 1974-75-76, c. 42, s. 7.

Where no apportionment is made

13. Where no apportionment is made of the insurance money as hereinbefore provided, all persons interested shall be held to share equally therein.

R.S., 1927, c. 23, s. 13.

Documents affecting title

14. (1) A payment of insurance money made pursuant to this Act before the Superintendent of Financial Institutions receives in Ottawa an instrument or an order of a court affecting the payment of the insurance money or a notarial copy or a copy verified by statutory declaration of the instrument or order discharges Her Majesty from liability under the insurance contract to the extent of the amount paid as if there were no instrument or order.

Saving

(2) Subsection (1) does not affect the rights or interests of any person other than Her Majesty.

R.S., 1952, c. 49, s. 14; 1974-75-76, c. 42, s. 8; 1992, c. 1, s. 40.

Tables to be constructed

15. (1) The Minister shall cause tables to be constructed fixing the premiums to be paid by the insured to the Minister as the consideration for insurance contracts, and also all other tables necessary for the carrying out of the provisions of this Act.

Basis of same

(2) All such tables shall be based on the H.M. Mortality Table of the Institute of Actuaries of Great Britain, and on a rate of interest of six per cent per annum, and no allowance shall be made for expenses.

Premiums how payable

(3) The tables shall be framed so that the premium to obtain an insurance contract may be paid in one sum, or in annual, semi-annual, quarterly, or monthly instalments, and either during the life of the insured or during a limited period.

R.S., 1927, c. 23, s. 15.

Amount of insurance

16. The minimum and maximum amounts payable at death that may be contracted for under this Act are one thousand dollars and ten thousand dollars, respectively.

R.S., 1927, c. 23, s. 16.

Medical certificate

17. Every applicant for insurance shall furnish with his application a medical certificate in such form as is prescribed by the Minister.

R.S., 1927, c. 23, s. 17.

Designation of beneficiaries

17.1 Despite any other provision of this Act, an insured may, in a declaration, an insurance contract, a will or an instrument purporting to be a will, designate as beneficiary the insured’s child, spouse, common-law partner, father, mother, brother, sister or any other person dependent on the insured, apportioned among them as the insured sees fit.

2000, c. 12, s. 79.

Regulations by Governor in Council

18. The Governor in Council may, for the purposes of this Act, from time to time make regulations for

(a) regulating the mode and form of making contracts;

(b) prescribing the mode of proving the age, identity, and the existence or death of persons;

(c) prescribing the mode of paying money in connection with insurance contracts;

(d) providing for the payment of the insurance money as an annuity for a term of years certain or for the lifetime of the beneficiary or beneficiaries or otherwise, and prescribing from time to time the tables to be used in the calculations of such annuities;

(e) dispensing with the production of probate of a will or letters of administration, either generally or in any particular class of cases;

(f) prescribing the accounts to be kept and their management;

(g) determining beforehand the cases or classes of cases in which an insurance contract may be surrendered and a cash surrender value paid therefor, or a free or paid-up insurance contract issued instead thereof, and for prescribing the manner in which such cash surrender value or amount of paid-up insurance shall be determined;

(h) determining the cases, not otherwise provided for in this Act, in which a person not originally named as, but who is eligible under this Act to be a beneficiary may be made a beneficiary; and in which an apportionment of the insurance money once made may be varied; and

(i) any other purpose for which it is deemed expedient to make regulations in order to carry this Act into effect.

R.S., 1952, c. 49, s. 18; 1974-75-76, c. 42, s. 9.


Money

19. (Repealed, 1992, c. 1, s. 41)

Moneys part of Consolidated Revenue Fund

20. Moneys received under this Act form part of the Consolidated Revenue Fund, and moneys payable under this Act are payable out of the Consolidated Revenue Fund.

R.S., 1927, c. 23, s. 20.


Report

Annual reports

21. (1) The Superintendent of Financial Institutions shall, not later than June 30 in each fiscal year, submit to the Minister a statement showing the amount received for premiums during the preceding fiscal year and the amount of all sums paid in connection with insurance contracts during that fiscal year.

Tabling

(2) The Minister shall cause each statement to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the Minister receives it.

R.S., 1952, c. 49, s. 21; 1992, c. 1, s. 42.


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