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

RELATED PROVISIONS

• — 1989, c. 6, s. 34

  • Resumption of allowances to spouses

    34 Where, before the coming into force of this Act, payment of an allowance, annuity or pension to a spouse or surviving spouse was suspended or ceased, on remarriage of the spouse or surviving spouse, pursuant to subsection 25(2) of the Public Service Superannuation Act, section 27 of the Canadian Forces Superannuation Act, subsection 30(2) of the Defence Services Pension Continuation Act, subsection 9(5) of the Diplomatic Service (Special) Superannuation Act, subsection 14(2), 19(4) or 31(5) of the Members of Parliament Retiring Allowances Act, subsection 38.1(2) or 39(2) of the Members of Parliament Retiring Allowances Act, R.S.C. 1970, c. M-10 (as amended by R.S.C. 1970, c. 25 (1st Supp.), ss. 14 and 15), subsection 24(2) of the Royal Canadian Mounted Police Pension Continuation Act or section 16 of the Royal Canadian Mounted Police Superannuation Act, as that provision read from time to time before the coming into force of this Act, payment of the allowance, annuity or pension, as the case may be, to the spouse or surviving spouse shall, subject to that Act, be resumed on and with effect from the day on which this Act comes into force.

• — 1989, c. 6, s. 35(1)

  • Resumption of allowances to children

    • 35 (1) Where, before the coming into force of this Act, payment of an allowance or annuity to a person did not commence or ceased because, on marriage, the person was not a child within the meaning of paragraph 12(9)(b) of the Public Service Superannuation Act, paragraph 25(4)(b) of the Canadian Forces Superannuation Act, paragraph 13(4)(b) of the Royal Canadian Mounted Police Superannuation Act, paragraph 47(8)(b) of the Royal Canadian Mounted Police Pension Continuation Act or paragraph (b) of the definition child in subsection 31(6) of the Members of Parliament Retiring Allowances Act, as that provision read from time to time before the coming into force of this Act, payment of the allowance or annuity, as the case may be, to the person shall, subject to that Act, commence or be resumed, as the case may be, on and with effect from the day on which this Act comes into force.

• — 1995, c. 30, s. 28

  • Definition of former Act

    • 28 (1) In this section, former Act means the Members of Parliament Retiring Allowances Act, as it read on December 30, 1992.

    • Continuation in effect

      (2) Notwithstanding section 81 of An Act to amend certain Acts in relation to pensions and to enact the Special Retirement Arrangements Act and the Pension Benefits Division Act, chapter 46 of the Statutes of Canada, 1992, section 14 of the former Act continues, on and after December 31, 1992, to apply to or in respect of any person to or in respect of whom it applied immediately before that date.

    • Provisions applicable

      (3) Sections 23, 50 to 55, 58, 59.1, 60 and 62 of the Members of Parliament Retiring Allowances Act, and any other provisions of that Act referred to in those sections, apply, with such modifications as the circumstances require, in respect of an allowance payable under section 14 of the former Act as if it were an allowance or benefit referred to in those sections.

    • Acts applicable

      (4) The Pension Benefits Division Act and Part II of the Garnishment, Attachment and Pension Diversion Act apply, with such modifications as the circumstances require, in respect of an allowance payable under section 14 of the former Act as if it were a pension benefit within the meaning of that Act or Part, as the case may be.

• — 1999, c. 34, s. 229(3)

  • Transitional — application of certain provisions

    • 229 (3) Sections 225 and 226 apply only with respect to members and former members who die on or after the day on which this subsection comes into force.

• — 2000, c. 12, s. 185

  • • 185 (1) Section 25 of the Members of Parliament Retiring Allowances Act, as enacted by section 177, applies in respect of elections made after the coming into force of section 177.

    • (2) Section 23 of the Members of Parliament Retiring Allowances Act, as it read immediately before the coming into force of section 177, continues to apply in respect of elections made before the coming into force of section 177.

• — 2000, c. 12, s. 186

  • • 186 (1) Section 45 of the Members of Parliament Retiring Allowances Act, as enacted by section 178, applies in respect of elections made after the coming into force of section 178.

    • (2) Section 43 of the Members of Parliament Retiring Allowances Act, as it read immediately before the coming into force of section 178, continues to apply in respect of elections made before the coming into force of section 178.

• — 2001, c. 20, s. 30

  • Amendments apply to members who make an election and to future members

    • Footnote ^*30 (1) The provisions of the Parliament of Canada Act, the Members of Parliament Retiring Allowances Act and the Salaries Act, as amended by this Act, apply

      • (a) to any member of the Senate or the House of Commons who files an election in writing with the Clerk of that House, within 90 days after the day on which this section comes into force, to have them apply to the member; and

      • (b) to any person who becomes a member of the Senate or the House of Commons after the day on which this section comes into force.

      • Return to footnote ^*[Note: Section 30 in force 15 June, 2001, see SI/2001-82.]

    • Failure to elect

      Footnote ^*(2) The provisions amended or repealed by this Act, other than paragraph 80(1)(a) of the Parliament of Canada Act as enacted by section 13, apply to any member who fails to make an election under paragraph (1)(a) as they read immediately before the day on which this section comes into force.

      • Return to footnote ^*[Note: Section 30 in force 15 June, 2001, see SI/2001-82.]

    • Deemed election

      (3) A member who dies before making an election under paragraph (1)(a) is deemed to have elected immediately before the member’s death to have the provisions referred to in subsection (1) apply to the member.

    • Election irrevocable

      (4) An election under paragraph (1)(a) is irrevocable.

• — 2014, c. 20, s. 167

  • Member already suspended

    167 If, on the day on which this Division comes into force, a person has been suspended from the Senate or House of Commons, as the case may be, by a majority vote of that House and has not had their right to accrue pensionable service reinstated by such a vote, the periods referred to in section 2.9 and subsection 2.92(1) of the Members of Parliament Retiring Allowances Act, as enacted by section 166, begin on the day on which this Division comes into force.