PART IVWidows’ and Orphans’ Pensions (continued)
Marginal note:Benefits payable on death
48 (1) Consequent on the death of every person to whom this Part applies there shall, subject to this Part, be paid the following benefits, namely,
(a) if such person is survived by a widow, a pension to her for life in such an amount as may be purchased by the contributions made by such person, always taking into account the other benefits to be purchased out of the said contributions as provided in paragraphs (b) and (c);
(b) in respect of each child surviving such person, an annuity, payable to the end of the month in which he ceases to be a child, in such an amount as has been or may be purchased by twenty-five per cent of the contributions from time to time made or such lesser percentage of the contributions as may be sufficient to bring the child’s annuity up to seven per cent of the pay of the rank of such person, except that the annuity payable in respect of an orphan child shall be double the annuity otherwise payable to a child, but a double annuity shall not be paid in respect of a child during the life-time of the stepmother of the child nor shall a double annuity be payable in respect of an adopted child of such person during the lifetime of the widow of such person; and
(c) if such person is not survived by a widow, a lump sum to be used as hereinafter provided, the amount of the lump sum being determined as follows, namely, the lump sum shall equal in value a pension to a female life aged twenty years older than such person at his death but not exceeding the age of seventy-five years, the annual amount of the said pension being the same as the widow’s pension would be if such person were survived by a widow.
(2) [Repealed, 1989, c. 6, s. 24]
Marginal note:Marriage after termination of service
(3) Where any such person marries after termination of service in the Force and dies within five years after his marriage, the value of the pension to his widow shall not exceed the lump sum benefit that would be payable if he were not survived by a widow unless within the said five years he establishes to the satisfaction of the Commissioner that he is in sound health.
Marginal note:Marriage after age 60
(4) Where any such person marries after the age of sixty years, the value of the pension to his widow shall not exceed the lump sum benefit that would be payable if he were not survived by a widow.
Marginal note:Maximum benefit
(5) The annual total of the pension to the widow and of the annuities to the children of any such person shall not exceed seventy per cent of the final annual rate of pay and allowances for pension purposes of such person.
- R.S., 1970, c. R-10, s. 48
- 1974-75-76, c. 81, s. 70
- 1989, c. 6, s. 24
Marginal note:Disposition of benefit if no widow surviving
49 (1) Where any such person is not survived by a widow, the Minister shall, having regard for all the circumstances, determine the dependants and relatives of such person who are in his opinion best entitled to share in the lump sum benefit as defined under paragraph 48(1)(c), and he shall determine the proportion to which each is entitled and the manner and time of payment, whether as an annuity for life or for a term of years or in any other manner, and payment of the benefit or benefits shall be made accordingly; but the value of the benefits so determined by the Minister shall not exceed the said lump sum.
(2) For the purposes of subsection (1), the Minister is not bound by any expressed wish or instrument in writing of such person in regard to the disposition of the said lump sum, but the Minister shall, nevertheless, take into consideration any such expressed wish or instrument in writing.
Marginal note:Where no dependant
(3) Where it appears to the Minister that there is no dependant, relative or other person who has any special claim to share in the said lump sum, then he shall direct payment thereof to be made to the estate of the deceased.
Marginal note:Residual amounts
(4) Where any such person is survived by a widow who, either before or after the 1st day of April 1960, has died, and there is no person to whom any annuity may be paid under this Part, any amount by which the amount of the contributions made by such person under this Part exceeds the aggregate of all amounts paid to the widow and any surviving children of such person under this Part shall be paid to the dependants and relatives of such person, in such shares as the Minister considers equitable and proper in the circumstances, or to any of them, as the Minister may direct, and in respect of any such payment subsections (1) and (2) apply mutatis mutandis.
- R.S., 1952, c. 241, s. 82
- 1959, c. 34, s. 42
Marginal note:Lump sum contribution for prior service
50 (1) Every person who, at the date he becomes subject to this Part, has to his credit a period of prior service, countable for pension purposes under Part III, may contribute under this Part in respect of such period of service such an amount in one lump sum as would, if applied as of the said date to purchase benefits in the manner in which contributions are required to be applied to purchase benefits under sections 47 and 48, result in the purchase of a widow’s pension equal to one and one-half per cent of the pay of such person at the said date for each year of such prior service, including therein any unsurrendered widow’s pension purchased under this Part during such prior service.
Marginal note:Penalty for delay in making contribution
(2) Any such person who does not contribute the amount computed in accordance with subsection (1) within one year after becoming subject to this Part may at any time thereafter while a member of the Force contribute the said amount provided the Commissioner is satisfied that the health of such person is such as would be satisfactory on enlistment in the Force and subject to an addition to the said amount of two per cent thereof for each complete year or part thereof elapsed from the said date, excluding the first such year, but any amount so added shall not be deemed to be a part of the contribution for the purposes of computing any benefit or any refund of contribution payable under this Part; the terms of subsection 47(7) apply to this subsection.
Marginal note:Benefits determined in accordance with section 48
(3) Instead of contributing the full amount determined in respect of such period of service as provided hereinbefore in this section, any such person may contribute any portion thereof and in event of his death there shall become payable benefits determined in accordance with section 48.
Marginal note:Payable in instalments
(4) Any lump sum contribution to be made under this section may be liquidated in equal monthly instalments of equivalent value during a term of years or until the earlier death of such person or for the whole lifetime of such person, and for the purpose of computing benefits hereunder the lump sum contribution shall be deemed to have been paid on the date of payment of the first monthly instalment.
Marginal note:Instalments deductible from pay and pension
(5) The monthly instalment payments shall be deducted from the pay of such person and any payments thereof falling due after the date of pension of such person shall be deducted from his pension, but the whole or any portion of such monthly instalment payments may at any time be commuted and paid in one sum.
- R.S., 1952, c. 241, s. 83
Marginal note:Additional contribution on promotion optional
51 (1) Any person to whom this Part applies may within one year after confirmation of promotion to any non-commissioned rank, contribute in one lump sum an amount which, when applied to purchase benefits in the manner in which contributions are required to be applied to purchase benefits under sections 47 and 48, will be sufficient, together with the contributions made prior to promotion in accordance with sections 47 and 50 and in accordance with this section, if any, to provide in respect of his service a widow’s pension equal to one and one-half per cent of the pay of his new rank for each year of such service, including therein any widow’s pension already purchased under this Part; the terms of subsection 47(7) apply to this subsection.
Marginal note:Application of ss. 50(2), (3), (4) and (5)
(2) Subsections 50(2), (3), (4) and (5) apply mutatis mutandis to the payment of any such amount.
- R.S., 1952, c. 241, s. 84
Marginal note:Status after ceasing to be constable
52 Where the service of any person to whom this Part applies terminates, or where he is promoted to a commissioned rank
(a) he may continue to pay any instalments of contributions being paid by him under section 50 or 51 and in event of his death there shall become payable benefits determined in accordance with section 48, but if payment of any such instalment of contributions is discontinued before completion thereof a reduction shall be made in the value of the prospective benefits so determined as of the date of discontinuance of the instalment payments equivalent to the value of the instalments unpaid as of the said date, or
(b) he may, at the date of such termination of service or at the date of termination of service after promotion as aforesaid, or, in either case, at any time thereafter, in satisfaction of all other rights, benefits and equities under this Act, withdraw in one sum the amount of his contributions made under this Part without interest, less the value of the instalment payments of contribution, if any, at the date of discontinuance thereof, being made by him under sections 50 and 51.
- R.S., 1952, c. 241, s. 85
Marginal note:Benefits payable monthly
53 Pension and annuity benefits granted under this Part are payable monthly, except that where the monthly amount is small, the payment may be made quarterly, half-yearly or annually in accordance with regulations made in that behalf.
- R.S., 1952, c. 241, s. 86
Marginal note:Child’s annuity payable to mother or other person having care of child
54 (1) A child’s annuity is payable to the mother of the child or to such other person as may for the time being have the custody of the child, but if the Minister is satisfied that due to any special circumstances it would be in the interests of the child so to do, he may direct that the annuity shall be paid to any other person, society, institution or local authority to be administered for the benefit of the child.
(2) [Repealed, 1992, c. 46, s. 97]
- R.S., 1970, c. R-10, s. 54
- 1992, c. 46, s. 97
Marginal note:Payments to and from C.R.F.
55 (1) All contributions under this Part shall be paid into the Consolidated Revenue Fund and all payments made under this Part shall be made from that Fund.
Marginal note:R.C.M.P. (Dependants) Fund
(2) For the purposes of this Part, there shall be kept in accordance with the direction of the Minister of Finance an account to be called the Royal Canadian Mounted Police (Dependants) Pension Fund to which shall be credited all contributions made under this Part and against which shall be charged all pensions, annuities and other benefits paid under this Part.
Marginal note:Interest on balance
(3) Interest shall be added to the balance from time to time standing to the credit of the account referred to in subsection (2) at such rate and calculated in such manner as the Governor in Council by regulation prescribes.
Marginal note:Examination by Auditor General
(4) The Fund shall be annually examined by the Auditor General of Canada, and a statement of the Fund and of the transactions thereunder for the year shall, together with the report of the Auditor General thereon, be laid before Parliament.
- R.S., 1970, c. R-10, s. 55
- 1974-75-76, c. 81, s. 71
- 1976-77, c. 34, s. 30(F)
Marginal note:Valuation every 5 years or oftener
56 (1) The Minister of Finance shall cause a valuation of the assets and liabilities of the Fund to be made as at March 31, 1939 and every five years thereafter, by an actuary qualified to make valuations for fraternal benefit societies registered under the laws of Canada to transact business in Canada, and the said Minister may in like manner cause a valuation to be made at such times during the currency of any quinquennial period as he may think fit.
Marginal note:Report on valuation
(2) The actuary shall report to the Minister of Finance and in his report he shall describe the data and processes used in his investigation and the bases of the valuation and shall show in summary form the data and the results of the investigation and valuation, and shall make recommendations for the disposal of any surplus or for the removal of any deficiency or in respect of any other matters that may come to his attention in the course of his investigation as may to him appear necessary or desirable.
Marginal note:Report to Parliament
(3) Every such report shall be laid before Parliament as soon as possible after it is made.
- R.S., 1952, c. 241, s. 89
Marginal note:Substantial increase or decrease in Fund
57 (1) Where it appears from a report made under section 56 that the Fund is substantially in excess of the amount required to make adequate provision for the prospective payments to be made out of it, the Governor in Council may by order increase the benefits provided in this Part, or any of them, in such manner as may appear equitable and expedient, or if it appears that the Fund is less than the said amount, the Governor in Council may direct that there be credited to the Fund out of any unappropriated moneys in the Consolidated Revenue Fund such amount as may appear equitable and expedient so as to re-establish the solvency of the Fund.
Marginal note:Amendment to Tables
(2) The Governor in Council, on the recommendation of the Minister of Finance, may by order amend the Tables in the schedule to this Part, but no amendment to the Tables affects any benefits theretofore purchased.
Marginal note:Order submitted to Parliament
(3) Any order made under this section shall be laid before Parliament as soon thereafter as may be.
- R.S., 1952, c. 241, s. 90
Marginal note:Contributions exempt from taxation
58 Every person to whom this Part applies is entitled in making a return of his income for the purposes of taxation under any Act of the Parliament of Canada, to claim exemption from taxation in respect of any contributions made under this Part by deduction out of his pay during the taxation period in respect of which the return is made.
- R.S., 1952, c. 241, s. 91
59 The Governor in Council may make regulations
(a) prescribing the bases for determining the value of the lump sum benefit when any person subject to this Part is not survived by a widow and for determining the value of benefits payable in lieu of the said lump sum;
(b) prescribing the bases for computing instalment payments of lump sum contributions and the commutation of such instalment payments;
(c) prescribing bases for computing the reduction of benefits as a consequence of discontinuance of instalment payments of any lump sum contribution;
(c.1) defining, for the purposes of this Act, the expression “full-time attendance at a school or university” as applied to a child of a member of the Force;
(c.2) specifying, for the purposes of this Act, the circumstances under which attendance at a school or university shall be determined to be substantially without interruption;
(c.3) prescribing the rate at which and the manner in which the interest to be credited to the Royal Canadian Mounted Police (Dependants) Pension Fund shall be calculated;
(d) prescribing rules and procedure so far as may be necessary for making all computations hereunder; and
(e) generally for carrying this Part into effect or for any other purpose deemed necessary to give effect to the terms of this Part.
- R.S., 1970, c. R-10, s. 59
- 1974-75-76, c. 81, s. 72
- Date modified: