71. A severance allowance shall not be paid under subsection 70(1) or (2) to or in respect of any person to or in respect of whom an allowance is immediately payable under the Members of Parliament Retiring Allowances Act, except in the case referred to in subsection 70(4.1).
- R.S., 1985, c. P-1, s. 71;
- 1998, c. 23, s. 7;
- 2000, c. 27, s. 2.
71.1 (1) A member of the Senate or the House of Commons who resigns by reason of disability may elect to receive an annual disability allowance equal to 70% of their annual salaries and allowances under sections 55.1 and 62.1 to 62.3 of this Act and section 4.1 of the Salaries Act , on the date of resignation, if at the time of their resignation, the member
(a) is 65 years of age or over; and
(b) is incapable, because of the disability, of performing the member’s duties.
(2) The disability allowance shall be adjusted to take into account changes in the annual salaries and allowances on which the disability allowance was based.
(3) The disability allowance shall be paid
(a) in the case of a member of the Senate, until the member revokes the election, attains 75 years of age or dies, whichever is the earliest; or
(b) in the case of a member of the House of Commons, until the member revokes the election or dies or the date of the next general election following the member’s resignation, whichever is the earliest.
(4) The Governor in Council may make regulations respecting disability allowances, including regulations respecting
(a) the determination of eligibility for disability allowances and medical examinations that are required;
(b) elections to receive disability allowances and the revocation of elections; and
(c) the administration and payment of disability allowances.
Marginal note:Retroactive regulations
(5) Regulations made under subsection (4) may, if they so provide, be retroactive.
- 2001, c. 20, s. 11;
- 2003, c. 16, s. 12;
- 2005, c. 16, s. 10.
Group Insurance Plans
Marginal note:Eligibility if person not in receipt of allowance
71.2 (1) If a person, having reached 50 years of age and having contributed or elected to contribute under the Members of Parliament Retiring Allowances Act as a member for at least six years, ceases to be a member of the Senate or the House of Commons and is not in receipt of an allowance by virtue of subsection 37.1(1) of that Act, the person is deemed to be in receipt of an allowance, other than a withdrawal allowance, under that Act for the purpose of being eligible to participate in the Public Service Health Care Plan, the Pensioners’ Dental Services Plan and the Public Service Management Insurance Plan established by the Treasury Board, on the same terms and conditions as apply to persons in receipt of an allowance, other than a withdrawal allowance, under that Act.
Marginal note:When provision ceases to apply
(2) Subsection (1) ceases to apply if the person
(a) reaches 55 years of age;
(b) becomes entitled to receive a disability pension under the Canada Pension Plan or a provincial pension plan similar to it; or
(c) becomes a member of the Senate or the House of Commons.
Marginal note:Eligibility if person in receipt of disability allowance
(3) A person who is entitled to and elects to receive a disability allowance under section 71.1 is deemed to be in receipt of an allowance, other than a withdrawal allowance, under the Members of Parliament Retiring Allowances Act for the purpose of being eligible to participate in the plans referred to in subsection (1), on the same terms and conditions as apply to persons in receipt of an allowance, other than a withdrawal allowance, under that Act.
- 2004, c. 18, s. 1.
- Date modified: