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

Marginal note:Contributions in respect of previous sessions — election made on or after January 1, 2016

• 11.1 (1) If a member elects on or after January 1, 2016 to contribute to the Retiring Allowances Account in respect of a previous session, he or she shall pay into the Consolidated Revenue Fund

  • (a) a contribution, calculated at the contribution rates fixed for the purposes of section 9.1 that are in force on the day on which the election is made, in respect of the portion of his or her pensionable earnings during that previous session that does not exceed his or her earnings limit for the year during that previous session; and

  • (b) interest on that contribution, calculated at a rate and in the manner prescribed, from the day on which the final payment by way of pensionable earnings was made to the member in respect of that session to the day on which the election is made.

• Marginal note:Earnings limit for part of year

  (2) For the purpose of subsection (1), if the person was not a member during the whole of a calendar year, the earnings limit for that calendar year is determined by multiplying the member’s earnings limit for the calendar year by the ratio that the part of the calendar year during which he or she was a member is to the whole calendar year.

Marginal note:Limits on contributions

• 12 (1) Notwithstanding anything in this Part, no contribution shall be paid by a member under this Part

  • (a) in respect of any session in the course of which the member ceases to be a Senator by reason of disqualification or was expelled from the House of Commons; or

  • (b) after the member has reached 71 years of age.

  • (c) [Repealed, 2012, c. 22, s. 12]

• Marginal note:Contribution of 1%

  (2) During the period that begins on January 1, 2001 and ends on December 31, 2015, a member who has not reached 71 years of age shall with respect to each calendar year, by reservation from his or her sessional indemnity, after the aggregate of the products obtained by multiplying the number of years of pensionable service to the member’s credit by the multipliers set out in subsection 16(1) and, as applicable, subsection 36(2) or (6) equals 0.75, contribute under this Part 1% of that portion of the sessional indemnity that does not exceed his or her earnings limit for the calendar year.

• Marginal note:Contributions on or after January 1, 2016

  (2.1) Beginning on January 1, 2016, a member who has not reached 71 years of age shall with respect to each calendar year, by reservation from his or her pensionable earnings, after the aggregate of the products obtained under subsection (2) and the product obtained by multiplying the number of years of pensionable service on or after January 1, 2016 to the member’s credit by 0.02 equals 0.75, contribute under this Part at the applicable contribution rate in respect of the portion of the member’s pensionable earnings that does not exceed the member’s earnings limit for the calendar year.

• Marginal note:Exclusions from computation of contributions

  (3) In a computation of the total amount that a member has contributed or elected to contribute under this Part and, where applicable, Parts I to V of the former Act, there shall not be included

  • (a) any contributions in respect of which a withdrawal allowance has been paid;

  • (b) any contributions in respect of which the election of the member has been revoked; or

  • (c) any amount paid by way of interest.

Allowances

Marginal note:Payment of allowances

13 An allowance or other benefit shall be paid in accordance with this Part to or in respect of a person who, being a member, ceases to be a member or, being a member or former member, dies.

Marginal note:Allowance on ceasing to be a member before January 1, 1992

• 14 (1) Subject to section 58, where a person ceased to be a member before January 1, 1992, having contributed or elected to contribute under Part I or III of the former Act as a member for at least six years, there shall be paid to that person during the lifetime of that person in respect of all those contributions, other than those made under subsection 21(5) or (7) of that Act, a retirement allowance equal to the average annual sessional indemnity of that person as a member, multiplied by

  • (a) with respect to each year or portion of a year of pensionable service calculated in accordance with subsections (2) and (3), the aggregate of

    • (i) the number of years of pensionable service to the credit of that person as a result of contributions made under subsection 21(4) or subparagraph 23(a)(iii) of that Act multiplied by 0.02,

    • (ii) the number of years of pensionable service to the credit of that person as a result of contributions made as a member of the House of Commons under Parts I and III of that Act, other than subsection 21(4) or subparagraph 23(a)(iii), multiplied by

      • (A) 0.035, in the case of each of the first ten years,

      • (B) 0.03, in the case of each of the next ten years, and

      • (C) 0.02, in the case of each year thereafter, and

    • (iii) the number of years of pensionable service to the credit of that person as a result of contributions made as a Senator under Parts I and III of that Act, other than subsection 21(4) or subparagraph 23(a)(iii), multiplied by 0.03; and

  • (b) with respect to each year and portion of a year of pensionable service calculated in accordance with subsections (4) and (5), the number of those years and portions of years multiplied by 0.05.

• Marginal note:Calculation of years of pensionable service

  (2) For the purposes of subsection (1), in respect of time spent as a Senator or time spent as a member of the House of Commons before August 1, 1981, and in respect of which no election under subsection 22(2) of the former Act was made, a person is, on ceasing to be a member, deemed to have one year of pensionable service to the credit of that person

  • (a) for each $240 contributed or elected to be contributed on the amount received as a member by way of sessional indemnity in respect of sessions of Parliament held before November 12, 1953;

  • (b) for each $480 contributed or elected to be contributed on the amount received as a member by way of sessional indemnity in respect of sessions of Parliament held after November 11, 1953 and before April 8, 1963;

  • (c) for each amount, equal to seven and one-half per cent of the sessional indemnity payable to a member of the House of Commons during any period of twelve months beginning on April 8, 1963, or on April 8 of any subsequent year, that the person has contributed or elected to contribute on the amount received as a member of the House of Commons by way of sessional indemnity in respect of sessions held in whole or in part during that period of twelve months;

  • (d) for each amount, equal to six per cent of the sessional indemnity payable to a member of the Senate during any period of twelve months beginning on April 4, 1965, or on April 4 of any subsequent year, that the person has contributed or elected to contribute on the amount received as a member of the Senate by way of sessional indemnity in respect of sessions held in whole or in part during that period of twelve months; and

  • (e) for each amount, equal to the greater of $1,350 and seven and one-half per cent of the sessional indemnity payable to a member of the House of Commons, during any calendar year, that the person has contributed or elected to contribute in respect of any amount paid by way of salary or annual allowance during that calendar year.

• Marginal note:Idem

  (3) Where any amount that a person referred to in subsection (2) has contributed or elected to contribute under Parts I and III of the former Act, in respect of any sessions referred to in paragraph (2)(a), (b), (c) or (d) or in respect of any salary or annual allowance described in paragraph (2)(e), is less than the amount set out in that paragraph, the person is deemed to have to the credit of that person such portion of a year’s pensionable service as that lesser amount bears to the amount set out in that paragraph.

• Marginal note:Idem

  (4) For the purposes of subsection (1), in respect of time spent as a member of the House of Commons after July 31, 1981 and before 1992, or any period in respect of which an election under subsection 22(2) of the former Act was made, a person is, on ceasing to be a member, deemed to have one year of pensionable service to the credit of that person for each amount, equal to ten per cent of the sessional indemnity payable to a member of the House of Commons during any period of twelve months beginning on April 8 of any year, that the person has contributed or elected to contribute on the amount received as a member of the House of Commons by way of sessional indemnity in respect of sessions held in whole or in part during that period of twelve months.

• Marginal note:Application of subsection (3)

  (5) In the application of subsection (4), the deeming provision of subsection (3) in relation to a portion of a year’s pensionable service shall apply, with such modifications as the circumstances require.

• Marginal note:Limitation

  (6) Notwithstanding anything in this section, the retirement allowance payable to a person under this section shall not exceed the average annual sessional indemnity of the person multiplied by 0.75.

Marginal note:Additional retirement allowance on ceasing to be a member before January 1, 1992

• 15 (1) Subject to section 58, where a person ceased to be a member before January 1, 1992, having contributed or elected to contribute under Part I or III of the former Act as a member for at least six years and has contributed pursuant to subsection 21(5) or (7) of that Act, there shall be paid to the person during the lifetime of that person an additional retirement allowance equal to the average annual sessional indemnity as a member multiplied by the number of years of pensionable service to the credit of that person calculated in accordance with subsections (2) and (3), multiplied by 0.05.

• Marginal note:Calculation of years of pensionable service

  (2) For the purposes of subsection (1), a person, on ceasing to be a member, is deemed to have one year of pensionable service to the credit of that person for each amount, equal to ten per cent of the sessional indemnity payable to a member of the House of Commons, during any calendar year, that the person has contributed or elected to contribute in respect of any amount paid by way of a salary or an annual allowance during that calendar year.

• Marginal note:Application of subsection 14(3)

  (3) In the application of subsection (2), the deeming provision of subsection 14(3) in relation to a portion of a year’s pensionable service shall apply, with such modifications as the circumstances require.

Marginal note:Allowance on ceasing to be a member on or after January 1, 1992

• 16 (1) Subject to sections 58 and 59, where a person ceases to be a member on or after January 1, 1992, having contributed or elected to contribute under this Part or Part I or III of the former Act as a member for at least six years, there shall be paid to that person during the lifetime of that person in respect of all those contributions, other than those made under this Part in respect of any amount paid by way of salary or annual allowance or under subsection 12(2) of this Act or under subsection 21(5) or (7) of the former Act, a retirement allowance equal to the average annual sessional indemnity of the person multiplied by

  • (a) with respect to each year and portion of a year of pensionable service calculated in accordance with subsections (3), (4) and (6), the number of those years and portions of years multiplied by 0.03, in the case of a member of the Senate, and by 0.05, in the case of a member of the House of Commons; and

  • (b) subject to subsection (2), with respect to each year and portion of a year of pensionable service calculated in accordance with subsections (5) and (6), the number of those years and portions of years multiplied by 0.02.

• Marginal note:Age limitation

  (2) The portion of a retirement allowance that is payable to a person under paragraph (1)(b) is not payable unless the person has reached sixty years of age.

• Marginal note:Calculation of years of pensionable service to the credit of Senators before January 1, 1992

  (3) For the purposes of paragraph (1)(a), in respect of time spent as a member of the Senate before January 1, 1992, a person is, on ceasing to be a member, deemed to have one year of pensionable service to the credit of that person for each amount, equal to six per cent of the sessional indemnity payable to a member of the Senate during any period of twelve months beginning on April 4, 1965, or on April 4 of any subsequent year, that the person has contributed or elected to contribute on the amount received as a member of the Senate by way of sessional indemnity in respect of sessions held in whole or in part during that period of twelve months.

• Marginal note:Calculation of years of pensionable service to the credit of members of the House of Commons before January 1, 1992

  (4) For the purposes of paragraph (1)(a), in respect of time spent as a member of the House of Commons before January 1, 1992, a person is, on ceasing to be a member, deemed to have one year of pensionable service to the credit of that person for each amount, equal to ten per cent of the sessional indemnity payable to a member of the House of Commons during any period of twelve months beginning on April 8 of any year, that the person has contributed or elected to contribute on the amount received as a member of the House of Commons by way of sessional indemnity in respect of sessions held in whole or in part during that period of twelve months.

• Marginal note:Calculation of years of pensionable service between January 1, 1992 and December 31, 2015

  (5) For the purposes of paragraph (1)(b), in respect of time spent as a member during the period that begins on January 1, 1992 and ends on December 31, 2015, or any period of pensionable service in respect of which an election under section 10 has been made during that period, a person is, on ceasing to be a member, deemed to have one year of pensionable service to his or her credit for each amount, equal to 4% of the sessional indemnity payable to a member during any 12-month period beginning

  • (a) in respect of members of the House of Commons, on April 8 of any year, and

  • (b) in respect of members of the Senate, on April 4 of any year,

  that the person has contributed or elected to contribute under this Part on the amount received as a member by way of sessional indemnity in respect of sessions held in whole or in part during that period of twelve months.

• Marginal note:Idem

  (6) Where any amount that a person referred to in subsection (3), (4) or (5) has contributed or elected to contribute under this Part or Part I or III of the former Act in respect of any sessions referred to in that subsection is less than the amount set out in that subsection, that person is deemed to have to the credit of the person such portion of a year’s pensionable service as that lesser amount bears to the amount set out in that subsection.