On Nov. 25, the Treasury Board president announced the $1.9 billion non-permitted surplus would move from the Public Service Pension Fund to the Consolidated Revenue Fund.
Federal Retirees has received several questions about the “non-permitted surplus” in the Public Service Pension Fund. Media coverage has varied, and there are conflicting views and positions on the issue. We're here to clarify things, answer your questions and set the record straight. Whatever happens, know that Federal Retirees has your back and is standing up for your interests.
I heard the government has taken federal public service pension funds. What has happened?
On Nov. 25, 2024, a non-permitted surplus in the Public Service Pension Fund was revealed in a statement by Treasury Board President Anita Anand. At the same time, the federal government announced its intention to move approximately $1.9 billion from the Public Service Pension Fund to the Consolidated Revenue Fund and explore the next steps — effectively taking the surplus and moving it to the federal government’s central account at the Bank of Canada.
How can the government do this?
The rules that govern the Public Service Pension Plan are outlined in the Public Service Superannuation Act (PSSA). According to subsection 44.4 (5) of the PSSA the plan is in a non-permitted surplus position when the plan is funded at over 125 per cent. The Public Service Pension Fund was found by the chief actuary of Canada to have a funded ratio of 126.3 per cent.
If in the minister’s opinion there is a non-permitted surplus, the government can authorize:
- A pause in contributions to the Public Service Pension Fund for the employer. (This is done automatically as soon as there is a non-permitted surplus.)
- A pause in contributions from the employees.
- An immediate transfer of the non-permitted surplus to the Consolidated Revenue Fund.
While these options are those that are explicitly outlined in the PSSA, the federal government is not prevented from taking on other options that would allow plan members to share in the surplus.
The Treasury Board president’s statement outlined the federal government’s intention to move approximately $1.9 billion from the Public Service Pension Fund to the Consolidated Revenue Fund.
The next day, Nov. 26, 2024, the chief actuary of Canada’s Special Actuarial Report 2024 on the financial position of the Public Service Pension Fund as at 31 March 2024 was released revealing that the government omitted a serious finding in their initial announcement.
While, according to the Treasury Board president, the non-permitted surplus would be resolved by Dec. 1, 2024, it would begin growing again immediately afterwards unless a pause in contributions (known as a ‘contribution holiday’) was considered. If the projections in the report are accurate, the federal government would stand to reap $7.4 billion in saved contributions. Despite this, the Treasury Board president considers the plan no longer in surplus.
How did the plan get to a surplus?
Our members’ pension contributions and equivalent government contributions are set aside in a fund managed by the Public Sector Pension Investment Board also known as PSP Investments.
PSP Investments has done excellent work growing the pension fund through investments in a variety of assets including capital markets, real estate, private equity, infrastructure, natural resources, etc. It has reported a 10-year net annualized return of 8.3 per cent.
Due to a number of factors, pension surpluses have become more common in Canada. Canadian pension legislation allows a variety of options to handle pension plan surpluses: contribution holidays (whether from the employer, the employees or both), an increase in benefits or risk management (like the purchase of group annuities). It has become more common for surpluses to consider retirees, too. For example, in 2018, a surplus at HOOPP (Healthcare of Ontario Pension Plan) allowed them to introduce increases to survivor benefits at no extra cost.
What other options could help deal with the non-permitted surplus in a way that’s fairer to plan members — including retirees?
While the PSSA would need to be amended to increase pension benefits to retirees and employees, there are other avenues available to the government. As they chose to move the non-permitted surplus to the Consolidated Revenue Fund, those funds — currently around $1.9 billion — became part of general government spending. Therefore, the funds could be used for any purpose, including one-time payments to active members and retirees. The funds could also be used to help retiree plan members such as, for instance, funding an increase in dental benefits for federal retirees. These solutions would not require the government to review the pension legislation and could be accomplished as part of the fall economic update or through the Budget Implementation Act, for example.
Some people are worried if amendments intended to increase pension benefits are made to the PSSA, that it would immediately lead to fundamental changes in the way the pension plan works. However, amendments to the PSSA do not need to be substantial — the legislation is amended regularly, almost annually, with the most recent amendments being made in the Fall Economic Statement Implementation Act, 2023 to increase the number of directors of the Public Sector Pension Investment Board.
So, what happens next?
The government has said that it plans on “engaging with all stakeholders” for “next steps.” Though, at the time of writing, no invitations to discussions had been made to any stakeholders (bargaining agents and federal retirees).
The Treasury Board president received the report from the chief actuary thirty Parliamentary sitting days (nearly two months) prior to the federal government’s announcement in late November 2024. The high likelihood of a non-permitted surplus has also been known since the last actuarial report in February 2022. There was ample time to communicate intentions with stakeholders, including time to discuss next steps.
Labour unions, including the Public Service Alliance of Canada, Professional Institute of the Public Service and Canadian Association of Professional Employees, have released statements condemning the government’s actions.