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

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

• 17 (1) Subject to section 58, 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 III of the former Act as a member for at least six years and has contributed under this Part in respect of any amount paid by way of salary or annual allowance or under subsection 21(5) or (7) of the former 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 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) and (5), the number of those years and portions of years multiplied by 0.05; and

  • (b) subject to subsection (2), 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 0.02.

• Marginal note:Age limitation

  (2) The portion of an additional 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 before January 1, 1992

  (3) For the purposes of paragraph (1)(a), in respect of time spent as a member 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 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:Calculation of years of pensionable service after January 1, 1992

  (4) For the purposes of paragraph (1)(b), in respect of time spent as a member

  • (a) on or after January 1, 1992, and before January 1, 2001, 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 the credit of that person for each amount, equal to four per cent of the sessional indemnity payable to a member of the House of Commons during any calendar year, that the person has, during that calendar year, contributed pursuant to subsection 9(2) or elected to contribute pursuant to clause 11(1)(a)(i)(B), as it read before the coming into force of this paragraph, or pursuant to clause 11(1)(a.1)(i)(B); and

  • (b) during the period that begins on January 1, 2001 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, the 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 the person as a member of the Senate or House of Commons, as the case may be, during any calendar year, that the person has, during that calendar year, contributed under subsection 9(2) or elected to contribute under subparagraph 11(1)(a)(i).

• Marginal note:Exception

  (4.1) Subsection (4), as it read immediately before July 12, 2001, applies in respect of a period of pensionable service to a member’s credit pursuant to an election referred to in subsection 36(10).

• Marginal note:Application of subsection 16(6)

  (5) In the application of subsection (3) or (4), the deeming provision of subsection 16(6) in relation to a portion of a year’s pensionable service shall apply, with such modifications as the circumstances require.

• Marginal note:Limitation — pensionable service before January 1, 2016

  (6) The additional retirement allowance payable to a person under subsection (1) is only payable in respect of his or her pensionable service before January 1, 2016.

Marginal note:Allowance on ceasing to be member on or after January 1, 2016 — 65 years of age or older

• 17.1 (1) Subject to sections 58 and 59, if a person ceases to be a member after December 31, 2015, 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 and the person has reached 65 years of age when he or she ceases to be a member, there shall be paid to that person during his or her lifetime a retirement allowance in an amount calculated under subsection (2).

• Marginal note:Amount

  (2) The amount of the retirement allowance is equal to the portion of the person’s average annual pensionable earnings that does not exceed his or her earnings limit for the calendar year in which he or she ceased to be a member multiplied by the number of years and portions of years of the person’s pensionable service calculated in accordance with subsections (3) and (4) multiplied by 0.02, minus an amount equal to the percentage fixed by the Chief Actuary of

  • (a) the person’s average maximum pensionable earnings,

  multiplied by

  • (b) the number of years and portions of years of the person’s pensionable service calculated in accordance with subsections (3) and (4) multiplied by 0.02.

• Marginal note:Pensionable service

  (3) Subject to subsection (4), the person’s pensionable service for the purposes of subsection (2) is

  • (a) the years and portions of years spent as a member after December 31, 2015 during which he or she was required to contribute under this Part, other than any period in respect of which a withdrawal allowance has been paid to the person; and

  • (b) the years and portions of years in respect of which he or she elected on or after January 1, 2016 to bring to his or her credit as time spent as a member.

• Marginal note:Service after contributions under subsection 12(2.1) not to be included

  (4) The person’s service as a member during which he or she was required to contribute under subsection 12(2.1), if any, is not to be included in the calculation under subsection (3) of the person’s pensionable service.

• Marginal note:Retirement pension to be taken into account

  (5) In fixing the percentage for the purposes of subsection (2), the Chief Actuary shall take into account the retirement pension payable to a person under the Canada Pension Plan or under a similar provincial pension plan.

Marginal note:Allowance on ceasing to be member on or after January 1, 2016 — under 65 years of age

• 17.2 (1) Subject to sections 58 and 59, if a person ceases to be a member after December 31, 2015, 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 and the person is under 65 years of age when he or she ceases to be a member, and the person has elected to receive an allowance under section 37.3, there shall be paid to that person, subject to subsection (3), during his or her lifetime, a retirement allowance in an amount calculated under subsection (2).

• Marginal note:Amount of retirement allowance

  (2) For the purposes of subsection (1), the amount of the retirement allowance is equal to the amount of the retirement allowance determined under section 17.1 as though that section applied to the person, minus the product obtained by multiplying that amount by the reduction factor.

• Marginal note:When retirement allowance becomes payable

  (3) The retirement allowance payable under subsection (1) becomes payable on the later of

  • (a) the day the person reaches the age of 60, and

  • (b) the day the person begins to receive his or her allowance under section 37.3.

Withdrawal Allowances

Marginal note:Withdrawal allowance

18 There shall be paid to a person who ceases to be a member but who has not contributed or elected to contribute under this Part or Parts I, III and IV of the former Act as a member for at least six years a withdrawal allowance, in a lump sum, equal to the aggregate of

• (a) the total amount of the contributions that the person has paid under this Part and Parts I, III and IV of the former Act, and

• (b) the interest on those contributions that the person has paid under section 11 or 11.1 or under section 23 of the former Act.

Marginal note:Withdrawal allowance where member expelled

19 There shall be paid to a person who ceases to be a Senator by reason of disqualification or who is expelled from the House of Commons a withdrawal allowance, in a lump sum, equal to the aggregate of

• (a) the total amount of the contributions that the person has paid under this Part and Parts I, III and IV of the former Act, and

• (b) the interest on those contributions that the person has paid under section 11 or 11.1 or under section 23 of the former Act.

19.1 [Repealed, 1998, c. 23, s. 12]

Survivor Benefits

Marginal note:Survivor benefits

• 20 (1) On the death of a member or former member, there shall be paid

  • (a) to the survivor, an allowance equal to three fifths of the basic retirement allowance, but, if two survivors are entitled to an allowance under this paragraph, the total amount of the allowances shall not exceed three fifths of the basic retirement allowance and that total amount shall be apportioned in accordance with subsection (1.1); and

  • (b) to each child, an allowance equal to one tenth of the basic retirement allowance or, if the member or former member died leaving no one entitled to an allowance under paragraph (a), two tenths of the basic retirement allowance, but the total amount of the allowances shall not exceed three tenths of the basic retirement allowance or, if the member or former member died leaving no one entitled to an allowance under paragraph (a), eight tenths of the basic retirement allowance.

• Marginal note:Apportionment

  (1.1) For the purposes of paragraph (1)(a), the total amount shall be apportioned so that

  • (a) the survivor referred to in paragraph (a) of the definition survivor in subsection 2(1) receives an amount, if any, equal to the total amount less any amount determined under paragraph (b); and

  • (b) the survivor referred to in paragraph (b) of that definition receives an amount equal to that proportion of the total amount that the number of years that survivor cohabited with the member or former member while a member is of the number of years that the member or former member was a member.

• Marginal note:Years

  (1.2) In determining a number of years for the purposes of subsection (1.1), part of a year shall be counted as a full year if the part is six or more months and shall be ignored if it is less.

• Marginal note:Definition of basic retirement allowance

  (2) In this section, basic retirement allowance means

  • (a) in the case of a former member, the aggregate of all the retirement allowances and additional retirement allowances that the former member was receiving under this Part at the time of death or would have been entitled to receive under this Part if the former member had reached sixty years of age immediately before death; and

  • (b) in the case of a member, the aggregate of all the retirement allowances and additional retirement allowances that the member would have been entitled to receive under this Part if the member had ceased to be a member and had reached sixty years of age immediately before death.

• Marginal note:Deeming

  (3) For the purpose of subsection (2), if any amount was or would have been subtracted in the calculation of the amount of the member or former member’s retirement allowance under section 17.1 or 17.2, the member or former member is deemed to have received or to have been entitled to receive, as the case may be, a retirement allowance under that section calculated without that subtracted amount.

Marginal note:Children born, etc., after member ceases to be a member

21 Subject to the regulations, a child who is born to or adopted by a member or who becomes the stepchild of a member after that member ceases to be a member is not entitled to an allowance under section 20.

Marginal note:Saving provision

22 Nothing in section 21 shall prejudice any right that a child of an earlier marriage of a member or former member has to an allowance under section 20.