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Members of Parliament Retiring Allowances Act (R.S.C., 1985, c. M-5)

Act current to 2019-11-19 and last amended on 2015-06-23. Previous Versions

PART VGeneral (continued)

Marginal note:When allowance suspended

 Where a former member, after becoming entitled to an allowance or other benefit under Part I, II or III, subsequently becomes a member, payment of the allowance or other benefit is suspended in respect of any period during which that person is a member.

  • 1992, c. 46, s. 81

Marginal note:Beginning of payment of allowances and amount

  •  (1) Despite sections 17.1, 17.2, 37.2 and 37.3, if a former member who has not reached 65 years of age and who is entitled to be paid, but is not yet being paid, a retirement allowance and a compensation allowance under any of those sections becomes entitled to receive a disability pension under the Canada Pension Plan or under a similar provincial pension plan, the retirement allowance and the compensation allowance under those sections are payable to him or her on the day he or she becomes entitled to receive the disability pension and the amount of the retirement allowance and the compensation allowance payable is

    • (a) the amount of the retirement allowance that would have been payable to the person under section 17.1 if he or she had reached 65 years of age; and

    • (b) the amount of the compensation allowance that would have been payable to the person under section 37.2 if he or she had reached 65 years of age.

  • Marginal note:Amount

    (2) Despite sections 17.2 and 37.3, if a former member who has not reached 65 years of age and who is being paid a compensation allowance under section 37.3 becomes entitled to receive a disability pension under the Canada Pension Plan or under a similar provincial pension plan, the amount of the retirement allowance and the compensation allowance payable to the person under sections 17.2 and 37.3 on the day he or she becomes entitled to receive the disability pension is

    • (a) the amount of the retirement allowance that would have been payable to the person under section 17.1 if he or she had reached 65 years of age; and

    • (b) the amount of the compensation allowance that would have been payable to the person under section 37.2 if he or she had reached 65 years of age.

  • 2012, c. 22, s. 38

Marginal note:Limitation respecting allowances

  •  (1) Despite anything in this Act, but subject to subsection (2), the aggregate of the retirement allowance payable to a person under section 16 and the compensation allowance payable to him or her under section 36 with respect to service as a member that comes to his or her credit before January 1, 2016 shall not exceed his or her average annual sessional indemnity multiplied by 0.75.

  • Marginal note:Withdrawal allowance

    (2) For the purposes of subsection (1), a period in respect of which a withdrawal allowance has been paid to the person and in respect of which he or she has not elected to bring to his or her credit before January 1, 2016 is not to be included in the person’s service as a member that has come to his or her credit before January 1, 2016.

  • Marginal note:Limitation respecting allowances

    (3) Despite anything in this Act, the aggregate of the retirement allowance payable to a person under section 17.1 or 17.2 and the compensation allowance payable to the person under section 37.2 or 37.3 with respect to service as a member that comes to his or her credit on or after January 1, 2016 shall not exceed his or her average annual pensionable earnings multiplied by 0.75.

  • Marginal note:Limitation respecting allowances

    (4) Despite anything in this Act, if a person has service as a member that has come to his or her credit before January 1, 2016 and service as a member that has come to his or her credit on or after that date, any time spent by him or her as a member after he or she is required to contribute under subsection 12(2.1) or would be required to contribute under that subsection if he or she were under 71 years of age is not to be included in the calculation of the retirement allowance payable to him or her under section 17.1 or 17.2 or the compensation allowance payable to him or her under section 37.2 or 37.3.

  • 1992, c. 46, s. 81
  • 2012, c. 22, s. 39

Marginal note:Definitions

  •  (1) In this section,

    employment

    employment means the position of an individual in the service of some other person, including Her Majesty, that entitles the individual to fixed or ascertainable salary, fees or other compensation; (emploi)

    federal position

    federal position means

    • (a) an office or employment the salary, fees or other compensation for which is paid in whole or in part out of the Consolidated Revenue Fund or out of monies appropriated by Parliament, and

    • (b) an office or employment in a departmental corporation or Crown corporation as defined respectively in sections 2 and 83 of the Financial Administration Act; (emploi fédéral)

    federal service contract

    federal service contract means a contract for the provision of service the consideration for the performance of which is paid in whole or in part out of the Consolidated Revenue Fund or out of monies appropriated by Parliament or by a departmental corporation or Crown corporation as defined respectively in sections 2 and 83 of the Financial Administration Act, but does not include an agreement under which an individual is engaged as an employee; (marché fédéral de services)

    office

    office means the position of an individual that entitles the individual to fixed or ascertainable salary, fees or other compensation, and includes a judicial or diplomatic office and the position of corporation director; (charge)

    remuneration

    remuneration means

    • (a) in respect of a federal position, the salary, fees or other compensation paid for or in respect of the carrying out of the duties and functions of the position, and

    • (b) in respect of a federal service contract, the consideration paid for the performance of the contract. (rémunération)

  • Marginal note:Presumptions

    (2) For the purposes of this section, where a former member controls a partnership, corporation, association or other body that enters into a federal service contract,

    • (a) the former member is deemed to have entered into the contract at the time the body did so and to be a party to the contract so long as the body is a party and the former member continues to control it; and

    • (b) the remuneration in respect of the contract is deemed to equal the amount of the salary, fees or other compensation paid to the former member for or in respect of the services provided by the former member under the contract.

  • Marginal note:Report

    (3) Every former member who, on or after July 13, 1995, commences to hold a federal position or enters into a federal service contract and who is receiving or commences to receive an allowance or other benefit under Part I, II, III or IV, other than a withdrawal allowance or an allowance under paragraph 20(1)(a), subsection 25(3), paragraph 40(1)(a) or subsection 45(3), 49(1) or 49.1(2), shall

    • (a) within sixty days after the later of the day on which the former member commenced to hold the position or entered into the contract and the day on which the former member commenced to receive the allowance or other benefit, notify the Minister in writing of the position or contract and the amount of the remuneration;

    • (b) within sixty days after each anniversary of the later day referred to in paragraph (a) and while holding the position or being a party to the contract, notify the Minister in writing of the total amount of the remuneration received in the preceding year; and

    • (c) within sixty days after ceasing to hold the position or to be a party to the contract or the contract is completed or otherwise terminated, notify the Minister in writing of the cessation or termination and the total amount of the remuneration received that was not previously reported under this section.

  • Marginal note:Additional information

    (4) A former member referred to in subsection (3) shall furnish the Minister in writing with such additional information respecting the federal position or federal service contract as the Minister may require.

  • Marginal note:Reduction

    (5) Where a former member referred to in subsection (3) receives remuneration of $5,000 or more in any year beginning on the day on which the former member commenced holding the federal position or entered into the federal service contract, or on any anniversary of that day, the aggregate of the allowances or other benefits referred to in that subsection payable to that former member in that year shall be reduced by one dollar for each dollar of the remuneration received in that year.

  • Marginal note:Recovery

    (6) The amount of the reduction under subsection (5) may be recovered in accordance with the regulations from any allowance or other benefit payable to or in respect of the former member under this Act or otherwise, without prejudice to any other recourse available to Her Majesty with respect to the recovery of the amount.

  • Marginal note:Reductions ignored for certain purposes

    (7) The amount of an allowance or other benefit payable under section 20, 25, 40, 45, 49, 49.1 or 51 to or in respect of a former member to whom this section applies or applied shall be determined as if no reduction were made under this section to the allowances or other benefits payable to the former member.

  • 1995, c. 30, s. 20
  • 2000, c. 12, s. 183
 
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