Short Title

Marginal note:Short title

1 This Act may be cited as the Royal Canadian Mounted Police Superannuation Act.

Equality of Status

Marginal note:Status of males and females

2 Male and female contributors under this Act have equality of status and equal rights and obligations under this Act.

PART IService Benefits

Interpretation

Marginal note:Definitions

• 3 (1) In this Part and Part III,

  active service

  activité de service

  active service means any service of a kind specified in the regulations to be active service, which service is deemed for the purposes of this Part to have terminated on discharge or, in the case of a person who underwent treatment in a veterans' hospital, as defined in the regulations, immediately following his discharge, on his release from that hospital; (activité de service)

  child

  enfant

  child means a child or stepchild of — or an individual adopted either legally or in fact by — a contributor, who at the time of the contributor’s death was dependent on the contributor for support; (enfant)

  contributor

  contributeur

  contributor means a person who is required by section 5 to contribute to the Superannuation Account or the Royal Canadian Mounted Police Pension Fund, and includes, unless the context otherwise requires,

  • (a) a person who has ceased to be so required to contribute to the Superannuation Account or the Royal Canadian Mounted Police Pension Fund, and

  • (b) for the purposes of sections 15 to 19 and 22, a contributor under Part V of the former Act who has been granted a pension or annual allowance under that Act or has died; (contributeur)

  disabled

  invalide

  disabled, as applied to any member of the Force, has reference to any condition rendering him incapable of performing his duties as a member of the Force, and, for the purposes of section 12 as applied to any person, has reference to any condition rendering him incapable ordinarily of pursuing any substantially gainful occupation; (invalide)

  Force

  Gendarmerie

  Force means the Royal Canadian Mounted Police; (Gendarmerie)

  former Act

  ancienne loi

  former Act means the Royal Canadian Mounted Police Act, chapter 241 of the Revised Statutes of Canada, 1952, as it read before April 1, 1960, and includes, unless the context otherwise requires, any other Act of Parliament providing for the payment of pensions to members of the Force based on length of service, other than this Act; (ancienne loi)

  member of the Force

  membre de la Gendarmerie

  member of the Force means a member of the Force, as defined in the Royal Canadian Mounted Police Act, holding a rank in the Force, and any other member of the Force, as defined therein, of a class designated in accordance with the regulations for the purposes of this Part; (membre de la Gendarmerie)

  Minister

  ministre

  Minister means the Solicitor General of Canada; (ministre)

  officer

  officier

  officer means a commissioned officer of the Force; (officier)

  pay

  solde

  pay means,

  • (a) as applied to the Force, the pay of the substantive rank held by the person in respect of whom the expression is being applied, not including the pay of acting rank or extra pay for staff or similar temporary appointments, or, in the case of a person not holding a rank in the Force, the salary or other remuneration for the performance of the regular duties of that person as a member of the Force, together with such allowances by way of compensation or otherwise as are prescribed by the regulations, and

  • (b) as applied to the Public Service or the Canadian Forces, the salary or pay and allowances, as the case may be, applicable in the case of that person, as determined under the Public Service Superannuation Act or the Canadian Forces Superannuation Act; (solde)

  provincial pension plan

  régime provincial de pensions

  provincial pension plan has the same meaning as in the Canada Pension Plan; (régime provincial de pensions)

  Public Service

  fonction publique

  Public Service has the same meaning as in subsection 3(1) of the Public Service Superannuation Act; (fonction publique)

  regular force

  force régulière

  regular force means the regular force of the Canadian Forces and includes

  • (a) the forces known before February 1, 1968 as the regular forces of the Canadian Forces, and

  • (b) the forces known before February 1, 1968 as the Royal Canadian Navy, the Canadian Army Active Force, the Permanent Active Militia, the Permanent Militia Corps, the permanent staff of the Militia, the Royal Canadian Air Force (Regular) and the Permanent Active Air Force; (force régulière)

  retirement age

  âge de retraite

  retirement age, as applied to any rank or class of contributor, means such age as is fixed by the regulations as the retirement age applicable to that rank or class; (âge de retraite)

  Royal Canadian Mounted Police Pension Fund

  Caisse de retraite de la Gendarmerie royale du Canada

  Royal Canadian Mounted Police Pension Fund means the fund established under section 29.2; (Caisse de retraite de la Gendarmerie royale du Canada)

  Royal Canadian Mounted Police Superannuation Investment Fund

  Fonds de placement du compte de pension de retraite de la Gendarmerie royale du Canada

  Royal Canadian Mounted Police Superannuation Investment Fund means the fund established under section 29.1; (Fonds de placement du compte de pension de retraite de la Gendarmerie royale du Canada)

  service in the Force

  service dans la Gendarmerie

  service in the Force includes any period of service as a special constable of the Force before April 1, 1960, or any period of service as a member of a provincial or municipal police force, that, in accordance with the regulations, may be counted as service in the Force for the purposes of this Part; (service dans la Gendarmerie)

  Superannuation Account

  compte de pension de retraite

  Superannuation Account means the Royal Canadian Mounted Police Superannuation Account referred to in section 4; (compte de pension de retraite)

  supplementary benefit

  prestation supplémentaire

  supplementary benefit means a supplementary benefit payable under Part III; (prestation supplémentaire)

  survivor

  survivant

  survivor, in relation to a contributor, means

  • (a) a person who was married to the contributor at the time of the contributor’s death, or

  • (b) a person referred to in subsection 18(1); (survivant)

  World War I

  Première Guerre mondiale

  World War I means the war that was declared on August 4, 1914 and that is deemed, for the purposes of this Part, to have terminated on August 31, 1921; (Première Guerre mondiale)

  World War II

  Seconde Guerre mondiale

  World War II means the war that was declared on September 10, 1939 and that is deemed, for the purposes of this Part, to have terminated on September 30, 1947. (Seconde Guerre mondiale)

• Marginal note:References to Canadian Forces Superannuation Act

  (2) A reference in this Part to the Canadian Forces Superannuation Act shall be construed as including a reference to any other Act of Parliament in force either before or after April 1, 1960 providing for the payment of pensions to members of the Canadian Forces based on length of service.

• Marginal note:Persons employed under Royal Canadian Mounted Police Act

  (3) For the purposes of this Part, the Public Service Superannuation Act and the Canadian Forces Superannuation Act, a person who is employed under the authority of the Royal Canadian Mounted Police Act but who is not a member of the Force shall be deemed to be employed in the Public Service, and any period of service of a person during which he was employed under the authority of that Act but was not a member of the Force or during which he was a person to whom Part VII of the former Act applied shall be deemed to be a period of service during which he was employed in the Public Service.

• Marginal note:Pensionable employment

  (4) Except as provided in the regulations, employment as a member of the Force is not excepted employment for the purposes of the Canada Pension Plan.

Eligibility for Benefits

Marginal note:Eligibility

• 4 (1) Subject to this Part, an annuity or other benefit specified in this Act shall be paid to or in respect of every person who, being required to contribute to the Superannuation Account or the Royal Canadian Mounted Police Pension Fund in accordance with this Part, ceases to be a member of the Force or dies, which annuity or other benefit shall, subject to this Part, be based on the number of years of pensionable service to the credit of that person.

• Marginal note:Superannuation Account

  (2) The Royal Canadian Mounted Police Pension Account established in the accounts of Canada pursuant to the former Act is hereby continued under the name of the Royal Canadian Mounted Police Superannuation Account.

Contributions

Marginal note:Contribution rates before 2004

• 5 (1) A member of the Force is required to contribute, in respect of every year in the period beginning on January 1, 2000 and ending on December 31, 2003, by reservation from pay or otherwise,

  • (a) four per cent of the portion of his or her pay that is less than or equal to the Year’s Maximum Pensionable Earnings, as that term is defined in subsection 10(3); and

  • (b) seven and one-half per cent of the portion of his or her pay that is greater than the Year’s Maximum Pensionable Earnings.

• Marginal note:Contribution rates — 2004 and later

  (2) A member of the Force is required to contribute, in respect of every portion of the period beginning on January 1, 2004, by reservation from pay or otherwise, at the contribution rates determined by the Treasury Board in respect of that portion on the joint recommendation of the President of the Treasury Board and the Minister.

• Marginal note:Funds for contributions

  (3) The contributions shall be made to the Superannuation Account for the period beginning on January 1, 2000 and ending on March 31, 2000 and shall be made to the Royal Canadian Mounted Police Pension Fund for the period after that.

• Marginal note:Limitation — determination of contribution rate

  (4) In determining the contribution rates for the purposes of subsection (2) and paragraphs (5)(b), (6)(b) and (7)(b), the rates must not

  • (a) exceed by more than four-tenths of one per cent in respect of any portion of pay, whether less than, equal to or more than the Year’s Maximum Pensionable Earnings, the previous rate; and

  • (b) exceed the rates paid by contributors under section 5 of the Public Service Superannuation Act.

• Marginal note:Contribution rates — thirty-five years of service before January 1, 2000

  (5) A person who has to his or her credit, before January 1, 2000, a period of pensionable service — or a period of pensionable service and other pensionable service — totalling thirty-five years is not required to contribute under subsections (1) and (2) but is required to contribute, by reservation from pay or otherwise,

  • (a) to the Superannuation Account, in respect of the period beginning on January 1, 2000 and ending on December 31, 2003, in addition to any other amount required under this Act, at the rate of one per cent of the person’s pay; and

  • (b) to the Superannuation Account, in respect of the period beginning on January 1, 2004, in addition to any other amount required under this Act, at the rates determined by the Treasury Board on the joint recommendation of the President of the Treasury Board and the Minister.

• Marginal note:Contribution rates — thirty-five years of service on or after January 1, 2000 and before April 1, 2000

  (6) A person who has to his or her credit, on or after January 1, 2000 and before April 1, 2000, a period of pensionable service — or a period of pensionable service and other pensionable service — totalling thirty-five years is only required to contribute under subsection (1) during the period beginning on January 1, 2000 and ending on the day before the person has to his or her credit those thirty-five years and after that day is not required to contribute under subsections (1) and (2) but is required to contribute, by reservation from pay or otherwise,

  • (a) to the Superannuation Account, in respect of the period beginning on that day and ending on December 31, 2003, in addition to any other amount required under this Act, at the rate of one per cent of the person’s pay; and

  • (b) to the Superannuation Account, in respect of the period beginning on January 1, 2004, in addition to any other amount required under this Act, at the rates determined by the Treasury Board on the joint recommendation of the President of the Treasury Board and the Minister.

• Marginal note:Contribution rates — thirty-five years of service on or after April 1, 2000

  (7) A person who has to his or her credit, on or after April 1, 2000, a period of pensionable service — or a period of pensionable service and other pensionable service — totalling thirty-five years is only required to contribute under subsection (1) or (2) during the period beginning on April 1, 2000 and ending on the day before the person has to his or her credit those thirty-five years and after that day is not required to contribute under subsections (1) and (2) but is required to contribute, by reservation from pay or otherwise,

  • (a) to the Royal Canadian Mounted Police Pension Fund, in respect of the period beginning on that day and ending on December 31, 2003, in addition to any other amount required under this Act, at a rate of one per cent of the person’s pay; and

  • (b) to the Royal Canadian Mounted Police Pension Fund, in respect of the period beginning on January 1, 2004, in addition to any other amount required under this Act, at the rates determined by the Treasury Board on the joint recommendation of the President of the Treasury Board and the Minister.

• Marginal note:Other pensionable service

  (8) For the purpose of subsections (5) to (7), other pensionable service means years of service giving rise to a superannuation or pension benefit of a kind specified in the regulations payable

  • (a) out of the Consolidated Revenue Fund, or out of any account in the accounts of Canada other than the Superannuation Account; or

  • (b) out of the Canadian Forces Pension Fund within the meaning of the Canadian Forces Superannuation Act or the Public Service Pension Fund within the meaning of the Public Service Superannuation Act.

• Marginal note:Contributions not required

  (9) Notwithstanding anything in this Part, no person shall, in respect of any period of service of that person on or after December 15, 1994, make a contribution under this Part in respect of any portion of that person’s annual rate of pay that is in excess of the annual rate of pay that is fixed by or determined in the manner prescribed by the regulations.

• Marginal note:Exception

  (10) A member of the Force who is engaged to work on average fewer than a number of hours per week or days per year prescribed in the regulations shall not contribute under this Act.

Pensionable Service

Marginal note:Pensionable service

6 Subject to this Part, the following service may be counted by a contributor as pensionable service for the purposes of this Part:

• (a) non-elective service, comprising,

  • (i) in the case of a contributor who, immediately before April 1, 1960, was a contributor under Part V of the former Act, any period of service that he would have been entitled to count for the purpose of computing any pension, allowance or gratuity under that Part had he, at that time, retired from the Force, except any such period for which he elected under that Part to pay, and

  • (ii) in the case of any contributor,

    • (A) any period during which he or she is required by subsections 5(1) and (2) to contribute to the Superannuation Account or the Royal Canadian Mounted Police Pension Fund,

    • (B) any period of service that may be counted by him as pensionable service pursuant to section 23; and

• (b) elective service, comprising,

  • (i) in the case of a contributor who, immediately before April 1, 1960, was a contributor under Part V of the former Act,

    • (A) any period of service for which he elected under that Part to pay, and

    • (B) any period of service for which he might have elected, under the provisions of that Part in force immediately before April 1, 1960, to pay, if he elects, within the time prescribed by those provisions, to pay for that service, and

  • (ii) in the case of any contributor,

    • (A) any period of service as a member of a police force of a province or municipality with which the Minister has entered into an arrangement under section 20 of the Royal Canadian Mounted Police Act, that, in accordance with the regulations, may be counted by him as pensionable service for the purpose of this Part, if he elects, within one year of becoming a contributor under this Part, to pay for that service,

    • (B) any period of service on active service in the navy, army or air forces of His Majesty during World War I or World War II, if he elects, within one year of becoming a contributor under this Part, to pay for that service,

    • (C) any period of service in the Canadian Army Special Force established by Order in Council P.C. 3860 of August 7, 1950 made under the National Defence Act, if he elects, within one year of becoming a contributor under this Part, to pay for that service,

    • (D) any period of service in the regular force, if he elects, within one year of becoming a contributor under this Part, to pay for that service,

    • (E) any continuous period of full-time service of six months or more in the Canadian Forces other than the regular force or in the navy, army or air forces of Her Majesty raised by Canada other than the regular force, if he elects, within one year of becoming a contributor under this Part, to pay for that service,

    • (F) any period of service as a member of the Force for which he was not required to contribute under the former Act, if he elects, within one year of becoming a contributor under this Part, to pay for that service,

    • (G) any period of service during which he was employed in the Public Service on a full-time basis and was in receipt of salary, if he elects, within one year of becoming a contributor under this Part, to pay for that service, and any period of service with any board, commission, corporation or portion of the public service of Canada that is added to Schedule I to the Public Service Superannuation Act after April 1, 1960, during which he was employed on a full-time basis and was in receipt of salary, if he elects, within one year of such addition, to pay for that service,

    • (H) any period of service that may be counted by him as pensionable service pursuant to section 24 of this Act or section 18 of the Royal Canadian Mounted Police Superannuation Act, chapter R-11 of the Revised Statutes of Canada, 1970,

    • (I) any period of service in respect of which he was entitled to be paid or was granted a return of contributions or other lump sum payment under this Part or under Part V of the former Act, if he elects, within one year of subsequently becoming a contributor under this Part, to pay for that service,

    • (J) any period of service described in this paragraph for which he might have elected, under this Part, Part V of the former Act, the Civil Service Superannuation Act, chapter 50 of the Revised Statutes of Canada, 1952, the Public Service Superannuation Act, the Canadian Forces Superannuation Act or any order in council made under The Canadian Forces Act, 1950, as amended by the Canadian Forces Act, 1954, to pay, but for which he failed so to elect within the time prescribed therefor, if he elects, at any time before he ceases to be a member of the Force, to pay for that service, and

    • (K) any period of service in respect of which the contributor makes an election under subsection 6.1(1), if the contributor elects, at any time before the contributor ceases to be a member of the Force, to pay for that service.

Marginal note:Election for leave of absence

• 6.1 (1) Subject to subsection (3), where a contributor is or has been absent from the Force on leave of absence without pay for a period that exceeds three months, the contributor may elect, at the time and in the manner prescribed by the regulations, not to count as pensionable service under clause 6(a)(ii)(A) that portion of the period that is in excess of three months.

• Marginal note:Contributions not required

  (2) Notwithstanding section 5, a contributor who makes an election under subsection (1) is not required to contribute to the Superannuation Account or the Royal Canadian Mounted Police Pension Fund under that section in respect of the portion of the period to which the election relates.

• Marginal note:Exception

  (3) A contributor is not entitled to make an election under subsection (1) if

  • (a) the period of leave of absence ended before the day on which that subsection comes into force; and

  • (b) the contributor has, before that day, made all of the contributions that are required to be made by the contributor to the Superannuation Account in respect of that period.

• Marginal note:Transitional

  (4) A contributor who makes an election under subsection (1) in respect of a period of leave of absence that ended before the day on which that subsection comes into force and who has, before that day, made some but not all of the contributions that are required to be made by the contributor to the Superannuation Account in respect of that period shall, at the time the election is made, cease to be required to make any further contributions to the Superannuation Account in respect of that period and shall count as pensionable service under clause 6(a)(ii)(A) such portion of that period as is prescribed by the regulations.

Elective Pensionable Service: Amount Required to be Paid

Marginal note:Amount to be paid

• 7 (1) Subject to section 8, a contributor who is entitled under this Part to count as pensionable service any period of elective service specified in paragraph 6(b) is required to pay, in respect thereof, as follows:

  • (a) in respect of any period specified in clause 6(b)(i)(A), any amount that he would have been required to pay under Part V of the former Act had that Part continued in force;

  • (b) in respect of any period specified in clause 6(b)(i)(B), any amount that he would have been required to pay under Part V of the former Act in force immediately before April 1, 1960;

  • (c) in respect of any period specified in clause 6(b)(ii)(A), an amount determined in the manner prescribed by the regulations;

  • (d) in respect of any period specified in clause 6(b)(ii)(B), an amount equal to the amount that he or she would have been required to contribute had he or she, during that period, been required to contribute

    • (i) if that period or any portion of it was before 1966, in the manner and at the rate set forth in subsection 5(1) as it read on December 31, 1965, in respect of that period or portion,

    • (ii) if that period or any portion of it was after 1965 but before April 1, 1969, in the manner and at the rate set forth in subsection 5(1) as it read immediately before April 1, 1969, in respect of that period or portion,

    • (iii) if that period or any portion of it was after March 31, 1969 but before January 1, 2000, in the manner and at the rates set forth in subsection 5(1), as it reads on December 31, 1999, in respect of that period or portion,

    • (iv) if that period or any portion of it was after December 31, 1999 but before January 1, 2004, in the manner and at the rates set out in subsection 5(1), in respect of that period or portion, and

    • (v) if that period or any portion of it was after December 31, 2003, in the manner and at the rates determined under subsection 5(2), in respect of that period or portion,

    in respect of pay equal to the pay authorized to be paid to him or her on the most recent occasion on which he or she became a contributor under this Act, together with interest;

  • (e) in respect of any period specified in clause 6(b)(ii)(C), (D), (E), (F) or (G), an amount equal to the amount that he or she would have been required to contribute had he or she, during that period, been required to contribute

    • (i) if that period or any portion of it was before 1966, in the manner and at the rate set forth in subsection 5(1) as it read on December 31, 1965, in respect of that period or portion,

    • (ii) if that period or any portion of it was after 1965 but before April 1, 1969, in the manner and at the rate set forth in subsection 5(1) as it read immediately before April 1, 1969, in respect of that period or portion,

    • (iii) if that period or any portion of it was after March 31, 1969 but before January 1, 2000, in the manner and at the rates set forth in subsection 5(1), as it reads on December 31, 1999, in respect of that period or portion,

    • (iv) if that period or any portion of it was after December 31, 1999 but before January 1, 2004, in the manner and at the rates set out in subsection 5(1), in respect of that period or portion, and

    • (v) if that period or any portion of it was after December 31, 2003, in the manner and at the rates determined under subsection 5(2), in respect of that period or portion,

    in respect of pay equal to the pay authorized to be paid to him or her on the most recent occasion on which he or she became a contributor under this Act, together with interest;

  • (f) notwithstanding anything in paragraphs (d) and (e) of this subsection, in respect of any period described in clause 6(b)(ii)(H), such amount as is required by section 24 to be paid by him therefor;

  • (g) notwithstanding anything in paragraphs (a) to (f) of this subsection, in respect of any period described in clause 6(b)(ii)(I), an amount equal to the amount of the return of contributions or other lump sum payment referred to in that clause plus the capitalized value, as of the time of the making of that payment to him, of such amounts by way of instalments of the amount required by this Part or Part V of the former Act to be paid by him in respect of that period as were payable by him before the time of the making of that payment to him and remained unpaid by him at that time, together with simple interest at four per cent per annum from that time until the time of the election;

  • (h) notwithstanding anything in this subsection, in respect of any period described in clause 6(b)(ii)(J), an amount equal to the amount that he would have been required to pay if he had elected under this Part, within the time prescribed for the making of the election, to pay for that period, and if, during that period, the rate of pay authorized to be paid to him had been equal to the rate of pay so authorized at the time when he made the election, together with interest; and

  • (i) in respect of any period described in clause 6(b)(ii)(K), an amount determined in accordance with the regulations.

• Marginal note:Definition of "interest"

  (2) In this section, unless otherwise specified, interest means simple interest at four per cent per annum from the middle of the fiscal year in which the contributions would have been made, had the contributor been required to make those contributions during the period for which he elected to pay, until the time of the election.

Elections

Marginal note:Manner of making elections

• 8 (1) Every election made by a contributor under this Part shall be made by him while a member of the Force and shall be evidenced in writing, in the form prescribed by the regulations, and witnessed, and the original thereof shall be forwarded to the Commissioner of the Royal Canadian Mounted Police, within the time prescribed by this Part for the making of the election or, in the case of an election that may be made by the contributor at any time before he ceases to be a member of the Force, within one month from the time of making the election.

• Marginal note:Void elections

  (2) An election under this Part is void in so far as it is

  • (a) an election to pay for any period of service described in any of clauses 6(b)(ii)(A) to (G) that the elector is entitled to count for the purposes of any superannuation or pension benefit of a kind prescribed by the regulations, otherwise than under the provisions of this Part;

  • (b) an election to pay for any period of service described in clause 6(b)(ii)(J), (K) or (L), unless the elector has passed a medical examination, as prescribed by the regulations, within such time immediately before or after the making of the election as is prescribed by the regulations;

  • (b.1) an election to surrender an annuity, annual allowance or pension under subsection 24(5) on or after December 1, 1995, unless the elector has passed a medical examination, as prescribed by the regulations, within the time immediately before or after the making of the election that is prescribed by the regulations; or

  • (c) an election to pay for any period of service of less than ninety days as defined by the regulations, unless it is service that may be counted under clause 6(b)(ii)(I).

• Marginal note:Right to elect for part of period

  (3) A contributor who is entitled under this Part to elect to pay for a period of service is entitled to elect to pay for part only of that period but only that part which is most recent in point of time.

• Marginal note:Right to amend or revoke

  (4) An election under this Part may be amended by the elector, within the time prescribed by this Part for the making of the election, by increasing the period or periods of service for which he elects to pay, and is otherwise irrevocable except under such circumstances and on such terms and conditions, including payment by the elector to Her Majesty of such amount in respect of any benefit accruing to the elector during the subsistence of the election, as a consequence of his having so elected, as is prescribed by the regulations.

• Marginal note:Manner of payment

  (5) Subject to this section, any amount required by subsection 7(1) to be paid by a contributor in respect of any period of service for which he has elected to pay shall be paid by him into the Superannuation Account

  • (a) in a lump sum, at the time of making the election, or

  • (b) in instalments, on such terms and computed on such bases as to mortality and interest as are prescribed by the regulations,

  at his option.

• Marginal note:Election after March 31, 2000

  (5.1) For the purposes of subsections (5) and 24(1), an amount required to be paid by a contributor pursuant to an election made after March 31, 2000 shall be paid into the Royal Canadian Mounted Police Pension Fund.

• Marginal note:Unpaid instalments

  (6) Where a contributor who has elected under this Part or Part V of the former Act to pay for any period of service and has undertaken to pay for that period by instalments ceases to be a member of the Force before all the instalments have been paid, the unpaid instalments may be reserved, in accordance with the regulations, from any amount payable to him by Her Majesty, including the annuity or other benefit payable to him under this Part, until such time as all the instalments have been paid or the contributor dies, whichever occurs first.

• Marginal note:Recovery of amounts due

  (7) When an amount payable by a contributor into the Superannuation Account or the Royal Canadian Mounted Police Pension Fund by reservation from pay and allowances or otherwise has become due, but remains unpaid at the time of death, that amount, with interest at four per cent per annum from the time it became due, may be recovered in accordance with the regulations from any allowance payable under this Part to the survivor or children of the contributor, without prejudice to any other recourse available to Her Majesty with respect to the recovery of it, and any amount so recovered shall be credited to the Superannuation Account or the Royal Canadian Mounted Police Pension Fund and shall be deemed, for the purposes of the definition return of contributions in subsection 9(1), to have been paid into that Account or Fund by the contributor.

• Marginal note:Special procedures for certain elections

  (8) When an election is made to count as pensionable service a period of service specified in clause 6(b)(ii)(F.1), (L), (M), (N), (O) or (P), this section applies in the manner and to the extent set out in the regulations.

Marginal note:Recovery of annuity paid in error

8.1 Where any amount has been paid in error under this Part or Part III on account of any annuity, annual allowance or supplementary benefit, the Minister may retain by way of deduction from any subsequent payment of that annuity, allowance or supplementary benefit, in the manner prescribed by the regulations, an amount equal to the amount paid in error, without prejudice to any other recourse available to Her Majesty with respect to the recovery thereof.

Benefits: How Computed, etc.

Marginal note:Definitions

• 9 (1) In this Part,

  annuity

  annuité

  annuity means an annuity computed in accordance with section 10; (annuité)

  cash termination allowance

  allocation de cessation en espèces

  cash termination allowance means an amount equal to one month’s pay for each year of pensionable service to the credit of the contributor, computed on the basis of the rate of pay authorized to be paid to him or her at the time he or she ceases to be a member of the Force, minus an amount equal to the amount by which

  • (a) the total amount the contributor would have been required to contribute to the Superannuation Account or the Royal Canadian Mounted Police Pension Fund up to the time he or she ceases to be a member of the Force, other than interest or charges for payments by instalments, in respect of service after 1965, if he or she had contributed on the basis of the rate set forth in subsection 5(1) as it read on December 31, 1965,

  exceeds

  • (b) the total amount the contributor was required to contribute to the Superannuation Account or the Royal Canadian Mounted Police Pension Fund up to the time he or she ceases to be a member of the Force, other than interest or charges for payments by instalments, in respect of service after 1965; (allocation de cessation en espèces)

  deferred annuity

  annuité différée

  deferred annuity means an annuity that becomes payable to the contributor at the time he reaches sixty years of age; (annuité différée)

  immediate annuity

  annuité immédiate

  immediate annuity means an annuity that becomes payable to the contributor immediately on his becoming entitled thereto; (annuité immédiate)

  recipient

  prestataire

  recipient means a person to whom any amount is or is about to become payable under this Part; (prestataire)

  return of contributions

  remboursement de contributions

  return of contributions means a return of

  • (a) the amount paid by the contributor into the Superannuation Account or the Royal Canadian Mounted Police Pension Fund but not including any amount so paid pursuant to subsection 39(7) of the Public Service Superannuation Act, and

  • (b) any amount paid by him or her into any other account or fund, together with interest, if any, that has been transferred to the Superannuation Account or the Royal Canadian Mounted Police Pension Fund,

  to the extent that the amount remains to his or her credit in the Superannuation Account or the Royal Canadian Mounted Police Pension Fund, together with interest, if any, calculated pursuant to subsection (6). (remboursement de contributions)

• Marginal note:Duration of payment, etc., to contributor

  (2) Where an annuity or annual allowance becomes payable under this Part to a contributor, it shall, subject to the regulations, be paid in equal monthly instalments in arrears and shall continue, subject to this Part, during the lifetime of the contributor and thereafter until the end of the month during which he dies, and any amount in arrears thereof that remains unpaid at any time after his death shall be paid as provided in section 15, in respect of a return of contributions.

• Marginal note:Duration of payment, etc., to survivor or child

  (3) When an annual allowance becomes payable under this Part to a survivor or child, it shall, subject to the regulations, be paid in equal monthly instalments in arrears and shall continue, subject to this Part, until the end of the month during which the recipient dies or otherwise ceases to be entitled to receive an annual allowance, and any amount in arrears that remains unpaid at any time after the death of the recipient shall be paid to the estate or succession of the recipient or, if less than one thousand dollars, as the Minister may direct.

• Marginal note:Options

  (4) Where, under section 11, a contributor is entitled to a return of contributions or, at his option, to any other benefit specified therein,

  • (a) if he fails to exercise the option within one year from the time he became so entitled, he shall be deemed to have exercised it in favour of a deferred annuity; and

  • (b) if, without having exercised the option, he becomes a contributor under the Public Service Superannuation Act or the Canadian Forces Superannuation Act, he shall be deemed to have exercised the option, immediately before becoming a contributor under that Act, in favour of a deferred annuity.

• Marginal note:Revocation of option

  (5) Where, under section 11, a contributor is entitled to a benefit therein specified at his option, the option may be revoked and a new option exercised by the contributor, under such circumstances and on such terms and conditions as the Governor in Council by regulation prescribes.

• Marginal note:Interest on return of contributions

  (6) For the purposes of the definition "return of contributions" in subsection (1), interest shall be calculated in the manner that the regulations provide and on the balances that are determined in accordance with the regulations,

  • (a) at the rate of four per cent, compounded annually, for any period before January 1, 2001; and

  • (b) at the rates established in the regulations made under paragraph 26.1(1)(c.3) compounded quarterly, for any period beginning on or after January 1, 2001.

• Marginal note:Benefits not assignable, etc.

  (7) Subject to Part II of the Garnishment, Attachment and Pension Diversion Act and to the Pension Benefits Division Act,

  • (a) a benefit under this Part or Part III is not capable of being assigned, charged, anticipated or given as security and any transaction that purports to assign, charge, anticipate or give as security any such benefit is void;

  • (b) a benefit to which a contributor, survivor or child is entitled under this Part or Part III is not capable of being surrendered or commuted during the lifetime of that person except under section 12.1 or subsection 18(2) and any other transaction that purports to so surrender or commute any such benefit is null and void; and

  • (c) a benefit under this Part or Part III is exempt from attachment, seizure and execution, either at law or in equity.

Marginal note:Computation of annuities

• 10 (1) The amount of any annuity to which a contributor may become entitled under this Part is an amount equal to the aggregate of

  • (a) an amount equal to

    • (i) the number of years of pensionable service to the credit of the contributor occurring in the period preceding the day on which this subsection comes into force, not exceeding thirty-five, divided by fifty,

    multiplied by

    • (ii) the average annual pay received by the contributor during any five-year period of pensionable service selected by or on behalf of the contributor, or during any period so selected consisting of consecutive periods of pensionable service totalling five years, or

    • (iii) in the case of a contributor who has to the contributor’s credit less than five years of pensionable service, the average annual pay received by the contributor during the period of pensionable service to the contributor’s credit, and

  • (b) an amount equal to

    • (i) the number of years of pensionable service to the credit of the contributor occurring in the period on and after the day on which this subsection comes into force, not exceeding thirty-five years less the number of years of pensionable service to the credit of the contributor under subparagraph (a)(i), divided by fifty,

    multiplied by the lesser of

    • (ii) the average annual pay received by the contributor during the period referred to in subparagraph (a)(ii) or (iii), as applicable, and

    • (iii) the annual rate of pay that is fixed by the regulations made under paragraph 26.1(1)(a), or that may be determined in the manner prescribed by those regulations, and in force on the day on which the contributor most recently ceased to be a member of the Force.

• Marginal note:Deduction from annuity

  (2) Notwithstanding subsection (1), unless the Minister is satisfied that a contributor

  • (a) has not reached the age of sixty-five years, and

  • (b) has not become entitled to a disability pension payable under paragraph 44(1)(b) of the Canada Pension Plan or a provision of a provincial pension plan similar thereto,

  there shall be deducted from the amount of any annuity to which that contributor is entitled under this Part an amount equal to thirty-five per cent of

  • (c) the average annual pay received by the contributor during the period of pensionable service described in subsection (1) applicable to him, not exceeding his Average Maximum Pensionable Earnings,

  multiplied by

  • (d) the number of years of pensionable service after 1965 or after he has attained the age of eighteen years, whichever is the later, to the credit of the contributor, not exceeding thirty-five divided by fifty.

• Marginal note:Definitions

  (3) For the purposes of subsection (2),

  Average Maximum Pensionable Earnings

  moyenne des maximums des gains ouvrant droit à pension

  Average Maximum Pensionable Earnings means, with respect to any contributor, the average of the Year’s Maximum Pensionable Earnings for the year in which he or she ceased to be a member of the Force and for each of the four preceding years; (moyenne des maximums des gains ouvrant droit à pension)

  Year’s Maximum Pensionable Earnings

  maximum des gains annuels ouvrant droit à pension

  Year’s Maximum Pensionable Earnings has the same meaning as in the Canada Pension Plan. (maximum des gains annuels ouvrant droit à pension)

• Marginal note:Pay deemed to have been received during certain periods

  (4) For the purposes of this section,

  • (a) a person who has to his credit pensionable service that includes any period described in any of clauses 6(b)(ii)(A) to (G) shall be deemed to have received during that period pay at a rate equal to the rate of pay on the basis of which the amount required by this Act to be paid by him for that period of service was determined.

  • (b) [Repealed, 1992, c. 46, s. 68]

• Marginal note:Deemed period of pensionable service

  (5) For the purposes of subparagraphs (1)(a)(ii) and (iii), a period of service during which a person continues to be a member of the Force and is required to contribute under subsection 5(5), (6) or (7) is deemed to be a period of pensionable service to the credit of that person.

• Marginal note:Application

  (6) Subparagraphs (1)(a)(ii) and (iii), as enacted by subsection 16(1) of the Budget Implementation Act, 1999, apply with respect to benefits payable to or in respect of a person who contributes under section 5 or 36 on or after the day on which this subsection comes into force but do not apply to a person who became entitled to an annuity before the coming into force of this subsection, is re-appointed to or re-enlisted in the Force and is a contributor referred to in section 23 and who, on subsequently ceasing to be a member of the Force, exercises an option in favour of a return of contributions or is only entitled to a return of contributions.

• Marginal note:Application

  (7) The definition Average Maximum Pensionable Earnings in subsection (3), as enacted by subsection 16(2) of the Budget Implementation Act, 1999, applies only with respect to deductions from annuities made under subsection (2) that take effect on or after the day on which this subsection comes into force.

Payment of Benefits

Marginal note:Benefits payable on retirement

• 11 (1) A contributor who, having reached retirement age, ceases to be a member of the Force for any reason other than disability or misconduct is entitled to a benefit determined as follows:

  • ( a) if he or she has served in the Force for a period that is less than the period prescribed by the regulations for the purposes of this paragraph, he or she is entitled to

    • (i) a return of contributions, or

    • (ii) a cash termination allowance,

    whichever is the greater; and

  • ( b) if he or she has served in the Force for a period equal to or greater than the period prescribed by the regulations for the purposes of paragraph ( a), he or she is entitled to an immediate annuity.

• Marginal note:Retirement due to disability

  (2) A contributor who is compulsorily retired from the Force by reason of having become disabled is entitled to a benefit determined as follows:

  • ( a) if he or she has to his or her credit a period of pensionable service less than the period prescribed by the regulations for the purposes of this paragraph, he or she is entitled to

    • (i) a return of contributions, or

    • (ii) a cash termination allowance,

    whichever is the greater; and

  • ( b) if he or she has to his or her credit a period of pensionable service equal to or greater than the period prescribed by the regulations for the purposes of paragraph ( a), he or she is entitled to an immediate annuity.

• Marginal note:Retirement to promote economy or efficiency

  (3) A contributor who, not having reached retirement age, is compulsorily retired from the Force to promote economy or efficiency is entitled to a benefit determined as follows:

  • ( a) if he or she has served in the Force for a period that is less than the period prescribed by the regulations for the purposes of this paragraph, he or she is entitled to a return of contributions;

  • ( b) if he or she has served in the Force for a period equal to or greater than the period prescribed by the regulations for the purposes of paragraph ( a) but less than the period prescribed by the regulations for the purposes of paragraph ( c), he or she is entitled to

    • (i) a return of contributions,

    • (ii) a deferred annuity, or

    • (iii) in the case of a contributor whose retirement is due to a reduction in the total number of members of the Force, and in any other case in the discretion of the Treasury Board, an immediate annuity, reduced, until the time that the contributor reaches sixty-five years of age but not after that, by five per cent for each full year not exceeding six by which the period of service in the Force is less than the period prescribed by the regulations for the purposes of paragraph ( c),

    at his or her option; and

  • ( c) if he or she has served in the Force for a period equal to or greater than the period prescribed by the regulations for the purposes of this paragraph, he or she is entitled to an immediate annuity.

• Marginal note:Dismissal for misconduct

  (4) A contributor who is compulsorily retired from the Force by reason of misconduct is entitled to

  • ( a) a return of contributions; or

  • ( b) in the discretion of the Treasury Board, the whole or any part specified by the Treasury Board of any benefit to which he or she would have been entitled under this section if

    • (i) in the case of a contributor who at the time of his or her retirement had reached retirement age, he or she had ceased to be a member of the Force for any reason other than disability or misconduct, or

    • (ii) in the case of a contributor who at the time of his or her retirement had not reached retirement age, he or she had been compulsorily retired from the Force to promote economy or efficiency due to a reduction in the total number of members of the Force,

    except that in no case shall the capitalized value of the benefit be less than the amount of the return of contributions referred to in paragraph ( a).

• Marginal note:Retirement for other reasons

  (5) A contributor who, not having reached retirement age, ceases to be a member of the Force for any reason other than disability, misconduct or to promote economy or efficiency is entitled to a benefit determined as follows:

  • (a) if the contributor has served in the Force for a period that is less than the period prescribed by the regulations for the purposes of this paragraph, the contributor is entitled to a return of contributions;

  • (b) if the contributor has served in the Force for a period equal to or greater than the period prescribed by the regulations for the purposes of paragraph (a) but less than the period prescribed by the regulations for the purposes of paragraph (c), the contributor is entitled to a return of contributions or a deferred annuity at the contributor’s option;

  • (c) if the contributor has served in the Force for a period equal to or greater than the period prescribed by the regulations for the purposes of this paragraph but less than the period prescribed by the regulations for the purposes of paragraph (d), the contributor is entitled to an annual allowance payable immediately on the contributor ceasing to be a member of the Force reduced by five per cent for each full year by which

    • (i) the period of the contributor’s service in the Force is less than the period prescribed by the regulations for the purposes of paragraph (d), or

    • (ii) the contributor’s age at the time of retirement is less than the retirement age applicable to the contributor’s rank,

    whichever is the lesser; and

  • (d) if the contributor has served in the Force for a period equal to or greater than the period prescribed by the regulations for the purposes of this paragraph, the contributor is entitled to an immediate annuity.

• (6) [Repealed, 1999, c. 34, s. 178]

• Marginal note:Benefits payable on retirement

  (7) When a contributor who is a member of the Force not holding a rank in the Force, having reached retirement age, ceases to be a member of the Force for any reason other than misconduct, he or she is entitled,

  • (a) if at the time he or she ceases to be a member of the Force, he or she has to his or her credit a period of pensionable service less than the period prescribed by the regulations for the purposes of this paragraph, to a return of contributions; and

  • (b) if at the time he or she ceases to be a member of the Force he or she has to his or her credit a period of pensionable service equal to or greater than the period prescribed by the regulations for the purposes of paragraph (a), to an immediate annuity.

• Marginal note:Retirement due to disability

  (8) When a contributor who is a member of the Force not holding a rank in the Force is compulsorily retired from the Force by reason of having become disabled, he or she is entitled,

  • (a) if at the time he or she is so compulsorily retired he or she has to his or her credit a period of pensionable service less than the period prescribed by the regulations for the purposes of this paragraph, to

    • (i) a return of contributions, or

    • (ii) a cash termination allowance,

    whichever is the greater; and

  • (b) if at the time he or she is so compulsorily retired he or she has to his or her credit a period of pensionable service equal to or greater than the period prescribed by the regulations for the purposes of paragraph (a), to an immediate annuity.

• Marginal note:Contributors with period of service in the Force at least equal to prescribed period

  (9) When a contributor who is a member of the Force not holding a rank in the Force ceases, after serving in the Force for a period equal to or greater than the period prescribed by the regulations for the purposes of paragraph 7(a) but less than the period prescribed for the purposes of subsection (12), to be a member of the Force, for any reason other than disability or misconduct, he or she is entitled,

  • (a) if at the time he or she ceases to be a member of the Force he or she has reached the age prescribed by the regulations for the purposes of this paragraph and has to his or her credit not fewer than the number of years of pensionable service prescribed by the regulations for the purposes of this paragraph, to an annuity payable immediately on his or her ceasing to be a member of the Force; or

  • (b) in any other case, at his or her option,

    • (i) to a deferred annuity, or

    • (ii) if at the time he or she ceases to be a member of the Force he or she has reached the age prescribed by the regulations for the purposes of this subparagraph and has to his or her credit not fewer than the number of years of pensionable service prescribed by the regulations for the purposes of this subparagraph, to an annual allowance, payable immediately on exercising the option, equal to the amount of the deferred annuity referred to in subparagraph (i) reduced by the product obtained by multiplying five per cent of the amount of that annuity by

      • (A) the age prescribed by the regulations for the purposes of paragraph (a) minus his or her age in years, to the nearest one-tenth of a year, on exercising the option, or

      • (B) the number of years of pensionable service prescribed by the regulations for the purposes of paragraph (a) minus the number of years, to the nearest one-tenth of a year, of pensionable service to his or her credit,

      whichever is the greater,

    • (iii) if at the time he or she ceases to be a member of the Force, he or she has reached the age prescribed by the regulations for the purposes of this subparagraph, has been a member of the Force for a period of or for periods totalling at least the number of years prescribed by the regulations for the purposes of this subparagraph and does not voluntarily cease to be a member of the Force, to an annual allowance, payable immediately on his or her so ceasing to be a member of the Force, equal to the amount of the deferred annuity referred to in subparagraph (i) reduced by the product obtained by multiplying

      • (A) five per cent of the amount of that annuity

      by

      • (B) the number of years of pensionable service prescribed by the regulations for the purposes of this clause minus the number of years, to the nearest one-tenth of a year, of pensionable service to his or her credit,

      except that in any such case the whole or any part of the reduction provided for by this subparagraph may be waived by the Treasury Board,

    • (iv) to an annual allowance, payable

      • (A) immediately on exercising the option, in the case of a contributor who has reached the age prescribed by the regulations for the purposes of subparagraph (b)(ii), or

      • (B) on his or her reaching the age prescribed by the regulations for the purposes of subparagraph (b)(ii), in the case of a contributor who exercises the option when less than that age,

      which allowance shall be equal to the amount of the deferred annuity referred to in subparagraph (i) reduced by the product obtained by multiplying

      • (C) five per cent of the amount of that annuity

      by

      • (D) sixty minus his or her age in years, to the nearest one-tenth of a year, at the time the allowance becomes payable, or

    • (v) to a return of contributions.

• Marginal note:Dismissal for misconduct

  (10) When a contributor who is a member of the Force not holding a rank in the Force is compulsorily retired from the Force by reason of misconduct, he or she is entitled

  • (a) to a return of contributions; or

  • (b) with the consent of the Treasury Board, to the whole or any part specified by the Treasury Board of any benefit to which he or she would have been entitled under subparagraph (5)(b)(ii) or under subsection (7), (8), (9) or (12) had he or she, at the time of dismissal, ceased to be a member of the Force for a reason other than misconduct, except that in no case shall the capitalized value of the benefit be less than the return of contributions referred to in paragraph (a).

• Marginal note:When less than prescribed period of pensionable service

  (11) Notwithstanding anything in this section, except as provided for in subsection (2), (7), (8), (9) or (10), a contributor who ceases to be a member of the Force, having to his or her credit a period of pensionable service less than the period prescribed by the regulations, is entitled only to a return of contributions.

• Marginal note:Members not holding a rank in the Force

  (12) A member of the Force not holding a rank in the Force is entitled to an immediate annuity if that person has served in the Force for a period equal to or greater than the period prescribed by the regulations for the purposes of this subsection.

Marginal note:Benefit payable in case of disability after retirement

• 12 (1) A contributor who, not having reached sixty years of age but having become entitled under this Part to a deferred annuity, or not having reached fifty years of age but having become entitled under this Part to an annual allowance payable on reaching fifty years of age, becomes disabled ceases to be entitled to that deferred annuity or annual allowance and becomes entitled to an immediate annuity.

• Marginal note:Idem

  (2) Where a contributor who has not reached sixty years of age but who has become entitled under subsection (1) to an immediate annuity is certified, in accordance with the regulations, to have regained his health or to be capable of performing his duties as a member of the Force or any other duties as a member of the Force commensurate with his qualifications, he ceases to be entitled to that immediate annuity and becomes entitled to

  • (a) a deferred annuity, or

  • (b) an annual allowance, payable immediately in the case of a contributor fifty or more years of age, or payable on reaching fifty years of age in the case of a contributor less than fifty years of age, which allowance shall be the actuarial equivalent, determined in prescribed manner, of the deferred annuity referred to in paragraph (a),

  at his option.

Marginal note:Commuted value of annuity

• 12.1 (1) A contributor who has ceased to be a member of the Force and is entitled to an annuity under this Act is entitled, in the place of any other benefit under this Act to which the contributor would otherwise be entitled in respect of the period of pensionable service on which the annuity is based, to direct that the commuted value of the annuity determined in accordance with the regulations be transferred in accordance with the regulations to, at the direction of the contributor,

  • (a) a pension plan selected by the contributor that is registered under the Income Tax Act, if that pension plan so permits;

  • (b) a retirement savings plan or fund for the contributor that is of the kind prescribed by the regulations; or

  • (c) a financial institution authorized to sell immediate or deferred life annuities of the kind prescribed by the regulations, for the purchase from that financial institution of such an annuity for the contributor.

• Marginal note:Election to pay by instalments

  (2) If a contributor who is entitled to direct the transfer of a commuted value has elected to pay for a period of pensionable service by means of instalments, that value shall be determined in accordance with the regulations and by reference to the portion of the period of pensionable service that the contributor has paid for at the time of the transfer.

• Marginal note:Election

  (3) Once a transfer has been made under subsection (1), a person who is re-appointed or re-enlisted as a member of the Force after the transfer and becomes a contributor may only count as pensionable service the period of service to which the transfer relates if he or she elects, in accordance with the terms and conditions prescribed by the regulations, to pay the amount prescribed by the regulations at the time and in the manner prescribed by the regulations.

Marginal note:Benefits payable on death

• 13 (1) On the death of a contributor who, at the time of the contributor’s death, was entitled under this Part to an annuity or annual allowance, the survivor and children of the contributor are entitled to the following allowances, computed on the basis of the product obtained by multiplying the average annual pay received by the contributor during the period specified in subparagraph 10(1)(a)(ii), by the number of years of pensionable service to the contributor’s credit, one one-hundredth of the product so obtained being hereinafter referred to as the “basic allowance”:

  • (a) in the case of the survivor, an immediate annual allowance equal to the basic allowance, and

  • (b) in the case of each child, an immediate annual allowance equal to one-fifth of the basic allowance or, if the contributor died without leaving a survivor, the survivor is dead or the survivor is not entitled to receive an allowance under this Part, two-fifths of the basic allowance,

  but the total amount of the allowances paid under paragraph (b) shall not exceed four-fifths of the basic allowance or, if the contributor died without leaving a survivor, the survivor is dead or the survivor is not entitled to receive an allowance under this Part, eight-fifths of the basic allowance.

• Marginal note:Idem

  (2) Where, in computing the allowances to which the children of a contributor are entitled under subsection (1), it is determined that there are more than four children of the contributor entitled to an allowance, the total amount of the allowances shall be apportioned among the children in such shares as the Minister deems just and proper under the circumstances.

• Marginal note:Benefits

  (3) On the death of a contributor who was a member of the Force at the time of death, having to his or her credit a period of pensionable service equal to the lesser of five years of pensionable service and the period prescribed by the regulations, the survivor and children of the contributor are entitled to the annual allowances to which they would have been entitled under subsection (1) had the contributor, immediately before his or her death, become entitled under this Part to an annuity or annual allowance.

• Definition of child

  (4) For the purposes of this section, child means a child of the contributor who

  • (a) is less than eighteen years of age; or

  • (b) is eighteen or more years of age but less than twenty-five years of age, and is in full-time attendance at a school or university, having been in such attendance substantially without interruption since the child reached eighteen years of age or the contributor died, whichever occurred later.

Marginal note:Benefits payable on death

14 On the death of a contributor who was a member of the Force at the time of death, having to his or her credit a period of pensionable service less than the lesser of five years of pensionable service and the period prescribed by the regulations, the survivor and children of the contributor, in any case where the contributor died leaving a survivor or a child less than eighteen years of age, are entitled jointly to a death benefit equal to

• (a) a return of contributions, or

• (b) an amount equal to one month’s pay for each year of pensionable service to the credit of the contributor, computed on the basis of the rate of pay authorized to be paid to him at the time of his death,

whichever is the greater.

Marginal note:Election for former contributors

• 14.1 (1) Where a contributor who is entitled to an annuity or annual allowance under this Part has a spouse and the spouse would not be entitled to an immediate annual allowance under any other provision of this Part in the event of the contributor’s death, the contributor may, subject to the regulations, elect to reduce the amount of the annuity or annual allowance to which the contributor is entitled in order that the spouse could become entitled to an immediate annual allowance under subsection (3).

• Marginal note:Reduction of annuity or allowance

  (2) If a contributor makes an election under subsection (1), the amount of the annuity or annual allowance to which the contributor is entitled shall be reduced in accordance with the regulations but the actuarial present value of both the reduced annuity or annual allowance and the immediate annual allowance to which the spouse could become entitled under subsection (3) may not be less than the actuarial present value of the annuity or annual allowance to which the contributor is entitled immediately before the reduction is made.

• Marginal note:Payment to surviving spouse

  (3) Where a contributor who has made an election under subsection (1) dies and the election is not deemed to be revoked under subsection (4), the person, if any, who was the spouse of the contributor both at the time of the election and at the time of death is entitled to an immediate annual allowance in an amount determined in accordance with the election and the regulations.

• Marginal note:Revocation

  (4) If a contributor who makes an election under subsection (1) is subsequently re-appointed to or re-enlisted in the Force and required by section 5 to contribute to the Superannuation Account or the Royal Canadian Mounted Police Pension Fund, the election is deemed to be revoked at the time determined in accordance with the regulations.

• Marginal note:Section 18 does not apply

  (5) Section 18 does not apply in respect of a person referred to in subsection (3).

Payments to Survivors, Children and Other Beneficiaries

Marginal note:Lump sum payments

15 Where, in this Part, it is provided that the survivor and children of a contributor are entitled jointly to a return of contributions or an amount described in paragraph 14(b), the total amount shall be paid to the survivor of the contributor except that

• (a) if at the time of the death of the contributor all of the children were eighteen years of age or over and at the time the payment is to be made the survivor is dead or cannot be found, the total amount shall be paid to the children in equal shares;

• (b) if at the time of the death of the contributor any of the children were less than eighteen years of age, and the contributor died without leaving a survivor or at the time the payment is to be made the survivor is dead or cannot be found, the total amount shall be paid to the children in the shares that the Minister considers equitable and proper under the circumstances, or to any of them, as the Minister may direct;

• (c) if any of the children who were less than eighteen years of age at the time of the death of the contributor are living apart from the contributor’s survivor at the time the payment is to be made, the total amount shall be paid to the survivor and the children so living apart from the survivor in such shares as the Minister considers equitable and proper under the circumstances, or to the survivor or any of the children so living apart, as the Minister may direct; and

• (d) if the contributor died without leaving any children and at the time the payment is to be made the contributor’s survivor is dead or cannot be found, or if the contributor died without leaving a survivor and at the time the payment is to be made all of the children are dead or cannot be found, the total amount shall be paid

  • (i) if the contributor, pursuant to any regulations made under section 26, named his or her estate or succession as beneficiary or named another beneficiary who may be named under those regulations and the beneficiary survives the contributor, to the beneficiary, and

  • (ii) in any other case, to the estate or succession of the contributor or, if less than one thousand dollars, as the Minister may direct.

Marginal note:Apportionment when two survivors

• 15.1 (1) If there are two survivors of a contributor, the share of the total amount referred to in section 15 to be paid to the survivor referred to in paragraph (a) of the definition survivor in subsection 3(1) and the share to be paid to the survivor referred to in paragraph (b) of that definition shall be paid as the Minister may direct.

• Marginal note:Share may be nil

  (2) Nothing in subsection (1) is to be read as limiting the Minister’s power to direct that the share of one or other of the survivors under that subsection is nil.

16 [Repealed, 1989, c. 6, s. 26]

Marginal note:Allowances paid to children

• 17 (1) Where a child of a contributor is entitled to an annual allowance or other amount under this Part, payment thereof shall, if the child is less than eighteen years of age, be made to the person having the custody and control of the child, or, where there is no person having the custody and control of the child, to such person as the Minister may direct.

• (2) [Repealed, 1999, c. 34, s. 184]

Marginal note:Person considered to be the survivor

• 18 (1) For the purposes of this Part, when a person establishes that he or she was cohabiting in a relationship of a conjugal nature with the contributor for at least one year immediately before the death of the contributor, the person is considered to be the survivor of the contributor.

• Marginal note:Person considered to be married

  (1.1) For the purposes of this Part, when a contributor dies and, at the time of death, the contributor was married to a person with whom the contributor had been cohabiting in a relationship of a conjugal nature for a period immediately before the marriage, that person is considered to have become married to the contributor on the day established as being the day on which the cohabitation began.

• Marginal note:When survivor not to receive annual allowance — waiver

  (2) A survivor is not entitled to receive an annual allowance if the survivor makes an irrevocable waiver under subsection (3).

• Marginal note:Permitted waivers

  (3) A survivor may make an irrevocable waiver in writing only if it results in

  • (a) an increase in the allowance payable to a child under paragraph 13(1)(b); or

  • (b) a benefit being paid under section 22.

• Marginal note:Time for waiver

  (4) A waiver must be made no later than three months after the survivor is notified of his or her entitlement to an allowance under this Act and takes effect as of the date of the death of the contributor.

• Marginal note:When survivor not to receive benefits — criminal responsibility for death

  (5) A survivor is not entitled to receive any benefit under this Act with respect to the contributor when the contributor dies and the survivor is found criminally responsible for the death.

• Marginal note:When survivor not to receive annual allowance — missing survivor

  (6) A survivor is not entitled to receive an annual allowance when the contributor dies if it is established to the satisfaction of the Minister that the survivor cannot be found.

• Marginal note:Apportionment of allowance when two survivors

  (7) When an annual allowance is payable under paragraph 13(1)(a) and there are two survivors of the contributor, the total amount of the annual allowance shall be apportioned so that

  • (a) the survivor referred to in paragraph (a) of the definition survivor in subsection 3(1) is entitled to receive the proportion of the annual allowance that the total of the number of years that he or she cohabited with the contributor while married to the contributor and the number of years that he or she cohabited with the contributor in a relationship of a conjugal nature bears to the total number of years that the contributor so cohabited with the survivors; and

  • (b) the survivor referred to in paragraph (b) of that definition is entitled to receive the proportion of the annual allowance that the number of years that he or she cohabited with the contributor in a relationship of a conjugal nature bears to the total number of years that the contributor cohabited with the survivors, either while married or while in a relationship of a conjugal nature.

• Marginal note:Years

  (8) In determining a number of years for the purposes of subsection (7), 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:Death, etc. of one of the survivors

  (9) When one of the survivors referred to in subsection (7) dies or is not entitled to receive a benefit under this Act when the contributor dies, the portion of the annual allowance that would have been payable to the survivor who died or is not entitled shall be paid to the remaining survivor in addition to his or her own portion.

Marginal note:Marriage, etc., after sixty years of age

• 19 (1) Subject to section 14.1 but notwithstanding any other provision of this Part, the survivor of a contributor is not entitled to an annual allowance in respect of the contributor under this Part if at the time the contributor married the survivor or began to cohabit with the survivor in a relationship of a conjugal nature, the contributor had attained the age of sixty years unless, after that time, that person became or continued to be a contributor.

• Marginal note:Child born after parent 60 years of age

  (2) Notwithstanding anything in this Part, except as provided in the regulations, a child who was born to or adopted by a person or who became the stepchild of a person at a time when that person was over sixty years of age is not entitled to any annual allowance under this Part, unless, after that time, that person became or continued to be a contributor.

• Marginal note:Death within one year of marriage

  (3) Notwithstanding anything in this Part, when a contributor dies within one year after marriage, no annual allowance is payable to the survivor or children of that marriage unless it is established to the satisfaction of the Minister that the contributor was at the time of marriage in such a condition of health as to justify the contributor in having an expectation of surviving for at least one year after the marriage.

• (4) [Repealed, 1989, c. 6, s. 27]

• Marginal note:Saving provision

  (5) Nothing in this section shall be held to prejudice any right that a child of an earlier marriage of the contributor has to an allowance under section 13.

• Marginal note:Transitional

  (6) Notwithstanding anything in this Act, no person is entitled to an allowance under this Part by virtue of being or being deemed to be the survivor of a female contributor if the contributor was not a member of the Force on or after December 20, 1975, and section 2 does not apply in respect of this subsection.

19.1 [Repealed, 1999, c. 34, s. 187]

Diversion of Amounts Payable in Certain Cases

Marginal note:Payment to dependants of recipient

• 20 (1) When any court in Canada of competent jurisdiction has made an order requiring a recipient to pay financial support, amounts payable to the recipient under this Part or Part III are subject to being diverted to the person named in the order in accordance with Part II of the Garnishment, Attachment and Pension Diversion Act.

• Marginal note:Where recipient unable to manage own affairs

  (2) Where, for any reason, a recipient is unable to manage the recipient’s own affairs, or where the recipient is incapable of managing the recipient’s own affairs and there is no person entitled by law to act as the recipient’s committee, the Receiver General may pay to any person designated by the Minister to receive payment on behalf of the recipient any amount that is payable to the recipient under this Part or Part III.

• Marginal note:Payment deemed to be to recipient

  (3) For the purposes of this Part and Part III, any payment made by the Receiver General pursuant to subsection (1) or (2) is deemed to be a payment to the recipient in respect of whom the payment was made.

• (4) [Repealed, 2000, c. 12, s. 289]

Presumption of Death

Marginal note:Presumption of death

• 21 (1) Where a contributor or a person to whom any benefit has become payable under this Act or the former Act has, either before or after the coming into force of this subsection, disappeared under circumstances that, in the opinion of the Minister, raise beyond a reasonable doubt a presumption that the person is dead, the Minister may determine the date for the purposes of this Act and the former Act on which that person’s death is presumed to have occurred, and thereupon that person is deemed for all purposes of this Act and the former Act to have died on that date.

• Marginal note:Change of date

  (2) If, after the date of a person’s death is determined by the Minister under subsection (1), new information or evidence is received by the Minister that the date of death is different, the Minister may determine a different date of death, in which case the person is deemed for all purposes of this Act and the former Act to have died on that different date.

Minimum Benefits

Marginal note:Minimum benefits

• 22 (1) Where, on the death of a contributor who was not a member of the Force on or after December 20, 1975, there is no person to whom an allowance provided in this Part may be paid, or where the persons to whom such allowance may be paid die or cease to be entitled thereto and no other amount may be paid to them under this Part, any amount by which the amount of a return of contributions exceeds the aggregate of all amounts paid to those persons and to the contributor under this Part or Part V of the former Act shall be paid, as a death benefit, to the estate of the contributor or, if less than one thousand dollars, as the Minister may direct.

• Marginal note:Idem

  (2) Where, on the death of a contributor who was a member of the Force on or after December 20, 1975, there is no person to whom an allowance provided in this Part may be paid, or where the persons to whom such allowance may be paid die or cease to be entitled thereto and no other amount may be paid to them under this Part, an amount equal to the amount by which

  • (a) the greater of

    • (i) the amount of a return of contributions, and

    • (ii) an amount equal to five times the annuity to which the contributor was or would have been at the time of his death entitled determined in accordance with subsection 10(1),

  exceeds

  • (b) the aggregate of all amounts paid to those persons and to the contributor under this Part and Part V of the former Act,

  shall be paid, as a death benefit,

  • (c) if the contributor, pursuant to any regulations made under section 26, named his estate as his beneficiary or named another beneficiary who may be named under those regulations and the beneficiary survives the contributor, to the beneficiary, and

  • (d) in any other case, to the estate of the contributor or, if less than one thousand dollars, as the Minister may direct.

Special Cases

Former Members of the Force

Marginal note:Persons re-appointed to or re-enlisted in the Force

23 If a person who has become entitled to an annuity or annual allowance under this Part or a pension under Part V of the former Act by virtue of having served in the Force is re-appointed to or re-enlisted in the Force and becomes a contributor under this Part, whatever right or claim that he or she may have had to that annuity, annual allowance or pension, in this section referred to as the “original annuity”, shall then cease and the period of service on which the original annuity was based may be counted by him or her as pensionable service for the purposes of this Part, except that

• (a) if, on subsequently ceasing to be a member of the Force, he or she exercises an option under this Part in favour of a return of contributions, or is not entitled under this Part to any benefit other than a return of contributions, the amount returned shall not include any amount paid into the Superannuation Account or the Royal Canadian Mounted Police Pension Fund to his or her credit at any time before the time of his or her re-appointment to or re-enlistment in the Force, and whatever right or claim that, but for this section, he or she would have had to the original annuity on subsequently ceasing to be a member of the Force shall then be restored to him or her; and

• (b) if, on subsequently ceasing to be a member of the Force, he is entitled under this Part to an annuity or annual allowance the capitalized value of which is less than the capitalized value of the original annuity, in lieu of any other benefit under this Part whatever right or claim that, but for this section, he would have had to the original annuity on subsequently ceasing to be a member of the Force shall thereupon be restored to him, and there shall be paid to him an amount equal to his contributions under this Part made in respect of the period of his service in the Force after the time of his re-appointment or re-enlistment.

Former Public Service Employees and Members of the Regular Force

Marginal note:Service that may be counted

• 24 (1) Any person who becomes a contributor under this Part, having been employed in the Public Service but not having become entitled to an annuity or annual allowance under the Public Service Superannuation Act, or having been a member of the regular force but not having become entitled to an annuity, annual allowance or pension under the Canadian Forces Superannuation Act, is entitled to count as pensionable service for the purposes of this Part any period of service in the Force or any period of service described in section 6 that, under the Public Service Superannuation Act or the Canadian Forces Superannuation Act, as the case may be, he was entitled to count for pension purposes, if he elects, within one year of becoming a contributor under this Part, to pay for that service, in which case the amount required by this Act to be paid by him for that service is,

  • (a) in the case of service for which, by the Public Service Superannuation Act or the Canadian Forces Superannuation Act, as the case may be, he was required to pay, any amount by which

    • (i) the total amount required by that Act to be paid by him for that service

    exceeds

    • (ii) the total amount actually paid by him for that service, minus any amount paid to him under that Act at any time before the making of the election,

    together with simple interest at four per cent per annum on any amount paid to him under that Act at any time before the making of the election, from the time when the payment was made until the time of making the election; or

  • (b) in the case of service for which, by the Public Service Superannuation Act or the Canadian Forces Superannuation Act, as the case may be, he was not required to pay, an amount equal to the amount that he would have been required to pay had he, during the period of that service, been required to contribute

    • (i) where that period or any portion thereof was prior to 1966, in the manner and at the rates set forth in subsection 5(1) as it read on December 31, 1965, in respect of that period or that portion thereof,

    • (ii) where that period or any portion thereof was after 1965 and prior to April 1, 1969, in the manner and at the rates set forth in subsection 5(1) as it read immediately prior to April 1, 1969 in respect of that period or that portion thereof,

    • (iii) if that period or any portion of it was after March 31, 1969 but before January 1, 2000, in the manner and at the rates set forth in subsection 5(1) as it reads on December 31, 1999, in respect of that period or portion,

    • (iv) if that period or any portion of it was after 1999 but before January 1, 2004, in the manner and at the rates set out in subsection 5(1), in respect of that service or portion, and

    • (v) if that period or any portion of it was after December 31, 2003, in the manner and at the rates determined under subsection 5(2), in respect of that service or portion,

    in respect of pay equal to the pay authorized to be paid to him on the most recent occasion on which he became a contributor under this Act, together with interest, as defined in subsection 7(2).

• Marginal note:Pay and allowances deemed to have been received

  (2) For the purposes of this Part, the pay deemed to have been received by a person to whom subsection (1) applies, during any period of service of the kind described in paragraph (1)(a) or (b), is pay at a rate equal to the rate of pay on the basis of which the amount required to be paid for that period of service

  • (a) by the Public Service Superannuation Act or the Canadian Forces Superannuation Act, as the case may be, in the case of service of the kind described in paragraph (1)(a), or

  • (b) by this Part, in the case of service of the kind described in paragraph (1)(b),

  was determined.

• Marginal note:Surrender of benefits on election

  (3) Notwithstanding anything in the Public Service Superannuation Act or the Canadian Forces Superannuation Act, on the making of any election under subsection (1), the person so electing and any person to whom any benefit might otherwise have become payable under the Public Service Superannuation Act or the Canadian Forces Superannuation Act, as the case may be, in respect of that person, cease to be entitled to any benefit under that Act in respect of any service of that person to which that election relates.

• Marginal note:Right to retain pension

  (4) Any person who becomes a contributor under this Part, having been employed in the Public Service and having become entitled to an annuity or annual allowance under the Public Service Superannuation Act, or having been a member of the regular force and having become entitled to an annuity, annual allowance or pension under the Canadian Forces Superannuation Act, is entitled, for the purposes of this Part, to retain that annuity, annual allowance or pension, but the period of service on which that annuity, annual allowance or pension was based may not be counted by that person for the purpose of any benefit to which he may become entitled under this Part by reason of having become a contributor hereunder.

• Marginal note:Election to surrender benefits

  (5) Notwithstanding subsection (4), any person to whom that subsection applies may elect after becoming a contributor under this Part, to surrender the annuity, annual allowance or pension therein referred to, in which case notwithstanding anything in the Public Service Superannuation Act or the Canadian Forces Superannuation Act, the person so electing and any person to whom any benefit might otherwise have become payable under the Public Service Superannuation Act or the Canadian Forces Superannuation Act, as the case may be, in respect of that person, cease to be entitled to any benefit under that Act in respect of any service of that person described in subsection (1), and the person so electing shall be subject to subsection (1) in all respects as though he had not become entitled to an annuity, annual allowance or pension under that Act but had elected under subsection (1) to pay for the whole of that service.

• Marginal note:Repayment of certain benefits

  (6) When a person to whom subsection (4) applies elects, pursuant to subsection (5), to surrender the annuity, annual allowance or pension referred to in subsection (4), the person so electing shall pay an amount equal to the amount of the annuity, annual allowance, pension or supplementary retirement benefit paid to him or her for any period commencing in any month commencing after he or she has been a contributor under this Part for one year, together with simple interest at four per cent per annum and the amount so paid shall be

  • (a) if the election is made before April 1, 2000, credited to the account maintained in the accounts of Canada pursuant to Part I of the Public Service Superannuation Act or pursuant to Part I of the Canadian Forces Superannuation Act; or

  • (b) if the election is made on or after April 1, 2000, paid into the Public Service Pension Fund within the meaning of the Public Service Superannuation Act, the Canadian Forces Pension Fund within the meaning of the Canadian Forces Superannuation Act, or credited to one of the accounts referred to in paragraph (a), according to the fund or account from which the annuity, annual allowance, pension or supplementary retirement benefit was originally paid.

• Marginal note:Amount to be credited to Superannuation Account

  (7) On the making of an election under this section before April 1, 2000 by which the person so electing is required by this Part to pay for a period of service of the kind described in paragraph (1)(a), there shall be charged to the account in the accounts of Canada maintained pursuant to the Public Service Superannuation Act or the Canadian Forces Superannuation Act, as the case may be, and credited to the Superannuation Account in respect of that person, an amount equal to the amount determined under subparagraph (1)(a)(ii).

• Marginal note:Amount of return of contributions

  (8) For the purposes of the Public Service Superannuation Act or the Canadian Forces Superannuation Act, as the case may be, the amount of any return of contributions or other lump sum payment that is or may become payable under that Act to or in respect of that person with respect to an election before April 1, 2000 shall be deemed to be the amount otherwise determined under that Act minus the amount required by subsection (7) to be credited to the Superannuation Account on the making of the election.

• Marginal note:Amount to be paid

  (9) Subsections (7) and (8) apply, with any modifications that the circumstances require, to an election made on or after April 1, 2000, and a reference to “the account in the accounts of Canada maintained pursuant to the Public Service Superannuation Act or the Canadian Forces Superannuation Act” shall be read as a reference to “the Public Service Pension Fund or the Canadian Forces Pension Fund” in respect of contributions made by the person to that fund and a reference to “the Superannuation Account” shall be read as a reference to the “Royal Canadian Mounted Police Pension Fund”.

Pension Board

Marginal note:Pension Board

25 The Minister may establish a board to be known as the Royal Canadian Mounted Police Pension Board, consisting of three officers appointed by the Minister, to advise and assist the Minister on matters arising in connection with the administration of this Part.

Advisory Committee

Marginal note:Advisory committee

• 25.1 (1) The Minister shall establish a committee, to be known as the Royal Canadian Mounted Police Pension Advisory Committee, the members of which are appointed by the Minister in accordance with subsection (2), to advise and assist the Minister on matters arising in connection with the operation of this Act.

• Marginal note:Mandate

  (1.1) The mandate of the committee is to

  • (a) review matters respecting the administration, design and funding of the benefits provided under this Act and make recommendations to the Minister about those matters; and

  • (b) review any other pension-related matters that the Minister may refer to it.

• Marginal note:Membership

  (2) The membership of the Committee shall consist of

  • (a) one person appointed from among contributors in receipt of an annuity under this Act who are nominated for appointment by an association that, in the opinion of the Minister, represents such contributors;

  • (b) three persons appointed from among persons required to contribute to the Superannuation Account or the Royal Canadian Mounted Police Pension Fund who are nominated for appointment by a body that, in the opinion of the Minister, represents such persons;

  • (c) two persons appointed from among persons required to contribute to the Superannuation Account or the Royal Canadian Mounted Police Pension Fund; and

  • (d) two other persons appointed by the Minister.

• Marginal note:Term

  (3) A member of the Committee shall be appointed to hold office for a term not exceeding three years and is eligible for reappointment for one or more additional terms.

• Marginal note:Recommendation of candidates

  (3.1) The advisory committee shall recommend to the Minister candidates for appointment to the nominating committee established under section 10 of the Public Sector Pension Investment Board Act.

• Marginal note:Chairperson

  (4) The Minister shall designate one of the members to be the chairperson of the Committee.

Regulations

Marginal note:Regulations

26 The Governor in Council may make regulations,

• (a) subject to section 26.1, prescribing anything that, by this Act, is to be prescribed or is to be determined or regulated by regulation;

• (b) specifying for the purposes of subsection 3(4), the employment as a member of the Force that is excepted employment;

• (c) prescribing, notwithstanding section 5, the manner in which and the circumstances under which persons who are required to contribute to the Superannuation Account or the Royal Canadian Mounted Police Pension Fund in accordance with those sections but who are or have been, either before or after April 1, 1960, absent from the Force on leave of absence without pay shall contribute to the Superannuation Account or the Royal Canadian Mounted Police Pension Fund in respect of that absence, prescribing the pay that shall be deemed to have been paid to those persons during that absence and respecting the contributions to be made by those persons to the Superannuation Account or the Royal Canadian Mounted Police Pension Fund in respect of that pay;

• (d) prescribing the circumstances under which and the terms and conditions on which an election under this Part may be revoked by any elector, either in whole or in part, and a new election made thereunder;

• (e) prescribing the methods by which and the bases on which the amount of any payment contemplated by subsection 8(4) is to be computed and the circumstances under which any such payment, whether made before or after April 1, 1960, may be refunded;

• (f) prescribing the circumstances under which and the terms and conditions on which an option under this Part may be revoked by any contributor and a new option made thereunder;

• (g) prescribing the evidence required to satisfy the Minister that a contributor has not become entitled to a disability pension described in paragraph 10(2)(b), the time and manner within which that evidence shall be provided and the form of that evidence;

• (h) defining, for the purposes of this Act, the expression full-time attendance at a school or university as applied to a child of a contributor;

• (i) respecting the circumstances under which attendance at a school or university shall be deemed, for the purposes of this Act, to be substantially without interruption;

• (i.1) prescribing the manner in which an amount referred to in section 19.1 may be recovered from any payment on account of the annual allowance referred to in that section;

• (i.2) respecting the determination of disability for the purposes of this Part and the conditions on which a cash termination allowance or an immediate annuity shall be paid or continue to be paid, including the initial assessment and subsequent periodic or other assessments of that disability;

• (j) prescribing, for the purposes of this Part, the methods by which and the bases on which the capitalized value of any annuity shall be computed;

• (k) prescribing the manner and time of naming beneficiaries under this Part;

• (l) authorizing a contributor to name his estate as his beneficiary and prescribing classes of persons and organizations from which beneficiaries may be named for the purposes of this Part;

• (m) prescribing, in the case of any person who, not having been a contributor under this Part or Part V of the former Act, ceased to be a member of the Force and subsequently, either before or after April 1, 1960, is re-appointed to or re-enlisted in the Force, the extent to which and the circumstances under which any pension payable or granted to him under Part II or III of the former Act shall be continued to him, and the extent to which and the terms and conditions on which any service of that person before the time he ceased so to be a member of the Force may be counted by him as pensionable service for the purposes of this Part;

• (n) respecting the determination, for the purposes of this Part, of the effective date on which a person shall be deemed to have become or to have ceased to be a member of the Force;

• (o) prescribing, in the case of any person described in subsection 93(4) of the former Act who, not having reached sixty-five years of age, ceased to be a member of the Force either before or after April 1, 1960, the amounts by which and the manner in which any annuity, annual allowance or pension payable under this Part or Part V of the former Act to that person shall be adjusted;

• (p) providing for the continuation in force of any outstanding direction made by the Treasury Board under section 105 of the former Act, under the circumstances contemplated by that section and subject to modification or suspension as contemplated by that section;

• (q) providing, notwithstanding anything in this Part, for the reduction by the Treasury Board of any annuity, annual allowance or pension payable under this Part or Part V of the former Act to or in respect of a person who, after his retirement from the Force, is convicted of an indictable offence committed by him while a member of the Force where, in the opinion of the Treasury Board, the commission of the offence by him constituted misconduct in the performance of his duties as a member of the Force;

• (r) providing for the payment out of the Superannuation Account or the Royal Canadian Mounted Police Pension Fund, on the death of a contributor and on application to the Minister by or on behalf of a person to whom any annual allowance becomes payable under this Part, of the whole or any part of the portion of any estate, legacy, succession or inheritance duties or taxes that are payable by the person that is determined in accordance with the regulations to be attributable to that allowance, and prescribing the amounts by which and the manner in which any such allowance and any amount payable under section 22 in any such case shall be reduced;

• (s) notwithstanding anything in this Part, providing that on attaining retirement age a contributor shall cease to be a member of the Force unless his continued service therein is authorized in accordance with the regulations, and prescribing the circumstances under which and the terms and conditions on which he may continue to be a member of the Force after he has attained that age; and

• (t) generally, for carrying into effect the purposes and provisions of this Part.

Marginal note:Regulations

• 26.1 (1) The Governor in Council may make regulations

  • (a) fixing an annual rate of pay for the purposes of subsection 5(9) or prescribing the manner of determining the annual rate of pay;

  • (b) prescribing the time at which and the manner in which an election may be made under subsection 6.1(1);

  • (c) prescribing, for the purposes of subsection 6.1(4), the portion of the period of leave of absence that shall be counted as pensionable service under clause 6(a)(ii)(A);

  • (c.1) prescribing the number of hours per week and the number of days per year for the purposes of subsection 5(10), clauses 6(b)(ii)(F.1), (M) and (N) and paragraph 7(1)(i);

  • (c.2) respecting the manner of determining the amount of the commuted value of an annuity, the terms and conditions under which a contributor may become entitled to direct a transfer of such a commuted value, and respecting any other matters that the Governor in Council considers necessary for the purposes of carrying out section 12.1;

  • (c.3) respecting the manner in which and the determination of the balances on which interest is to be calculated under subsection 9(6) and respecting the rates of interest for the purposes of paragraph 9(6)(b);

  • (d) notwithstanding any regulations made under paragraph 26(c), determining the amounts to be paid under paragraph 7(1)(i);

  • (e) prescribing the time at which and the manner in which an election may be made under subsection 14.1(1) and determining, for the purposes of subsection 14.1(4), the time at which the election is deemed to be revoked;

  • (f) respecting the reduction to be made in the amount of an annuity or annual allowance under subsection 14.1(2);

  • (g) respecting the amount of the immediate annual allowance to be paid to a spouse under subsection 14.1(3);

  • (h) respecting the rates at which interest shall be credited to the Superannuation Account under paragraph 29(1)(b), the manner in which it shall be calculated and the times at which it shall be credited to the Account;

  • (h.1) respecting the additional information that is required to be included in annual reports referred to in section 31;

  • (h.2) prescribing periods of service in the Force and periods of pensionable service for the purposes of sections 11, 13 and 14, these periods being in no case shorter than two years or longer than, in the case of paragraphs 11(7)(a) and 11(8)(a) and sections 13 and 14, five years, in the case of paragraphs 11(1)(a), 11(2)(a), 11(3)(a) and 11(5)(a), subparagraph 11(9)(b)(iii) and subsection 11(11), ten years, in the case of paragraphs 11(3)(c) and 11(5)(c), twenty years, in the case of paragraph 11(5)(d) and subparagraph 11(9)(b)(ii), twenty-five years, in the case of paragraph 11(9)(a) and clause 11(9)(b)(iii)(B), thirty years, and in the case of subsection 11(12), thirty-five years;

  • (h.3) prescribing classes of pension plans or retirement savings plans for the purposes of subsection 24.1(1) and respecting the extent to which, and the terms and conditions subject to which, service may be counted as pensionable service pursuant to subsection 24.1(9);

  • (h.4) respecting the manner in which and extent to which any provision of this Act or any regulations made under this Act apply to a member of the Force who is engaged to work at least the number of hours per week or the number of days per year prescribed in regulations made under paragraph (c.1) and adapting any of those provisions for the purposes of that application;

  • (h.5) respecting the terms and conditions under which and the time and manner in which an election may be made in respect of a period of service specified in clauses 6(b)(ii)(F.1) and (L) to (P), the manner of determining in accordance with paragraph 7(1)(i) the amounts that are to be paid in respect of that election, the periods of service that may be counted for the purposes of that election, and the manner in which and extent to which section 8 and any regulations referred to in section 8 apply in respect of that election and to any contributor who makes that election and adapting any of those provisions for the purposes of that application;

  • (h.6) prescribing ages for the purposes of subsection 11(9), these ages being no greater than, in the case of paragraph 11(9)(a) and subparagraph 11(9)(b)(iii), fifty-five years of age and in the case of subparagraph 11(9)(b)(ii), fifty years of age; and

  • (i) generally as the Governor in Council may consider necessary for carrying out and giving effect to any provision of this Act referred to in this subsection.

• Marginal note:Retroactive application of regulations

  (2) Regulations made under paragraph (1)(a), (c), (d) or (h) may, if they so provide, be retroactive and have effect with respect to any period before they are made.

Marginal note:Regulations respecting leave of absence

• 27 (1) For the purposes of this Part, a person who has contributed to the Superannuation Account or the Royal Canadian Mounted Police Pension Fund in accordance with any regulation made under paragraph 26(c) in respect of any period during which he or she was absent from the Force on leave of absence without pay shall be deemed to have contributed to the Superannuation Account or the Royal Canadian Mounted Police Pension Fund,

  • (a) if that period or a portion of it was before 1966, in the manner and at the rates set forth in subsection 5(1) as it read on December 31, 1965, in respect of that period or portion,

  • (b) if that period or a portion of it was after 1965 and before April 1, 1969, in the manner and at the rates set forth in subsection 5(1) as it read immediately before April 1, 1969 in respect of that period or portion,

  • (c) if that period or a portion of it was after March 31, 1969 and before January 1, 2000, in the manner and at the rates set forth in subsection 5(1), as it reads on December 31, 1999, in respect of that period or portion,

  • (d) if that period or a portion of it was after December 31, 1999 but before January 1, 2004, in the manner and at the rates set out in subsection 5(1), in respect of that period or portion, and

  • (e) if that period or a portion of it was after December 31, 2003, in the manner and at the rates determined under subsection 5(2), in respect of that period or portion,

  and to have received, during that period, pay and allowances at a rate equal to the rate of pay and allowances that would have been authorized to be paid to him or her if he or she had not been so absent on leave of absence without pay.

• Marginal note:Members of Parliament and Senators

  (2) Notwithstanding anything in this Part, the Governor in Council may by regulation

  • (a) provide that the service of a former member of the House of Commons or a former Senator in respect of which he or she made contributions under the Members of Parliament Retiring Allowances Act may, to the extent and subject to the conditions that may be prescribed by the regulations, be counted by that former member or former Senator as pensionable service for the purposes of this Part; and

  • (b) provide for the transfer to the Superannuation Account or the Royal Canadian Mounted Police Pension Fund of amounts in the Retiring Allowances Account, within the meaning of that Act, in respect of him or her.

Payments out of Account

Marginal note:Payments out of Superannuation Account

• 28 (1) All amounts required for the payment of benefits for which this Part, including the benefits referred to in subsection 26(3) of the Royal Canadian Mounted Police Superannuation Act, chapter 34 of the Statutes of Canada, 1959, and Part III make provision shall be paid out of the Superannuation Account if the benefits are payable in respect of pensionable service to the credit of a contributor before April 1, 2000.

• Marginal note:Transfer of amounts

  (2) The amounts deposited in the Royal Canadian Mounted Police Superannuation Investment Fund under subsection 29.1(2) shall be transferred to the Public Sector Pension Investment Board within the meaning of the Public Sector Pension Investment Board Act to be dealt with in accordance with that Act.

• Marginal note:Payment of benefits

  (3) If there are insufficient amounts in the Superannuation Account to pay all the benefits referred to in subsection (1), the amounts required for the payment of those benefits shall be charged to the Royal Canadian Mounted Police Superannuation Investment Fund and paid out of the assets of the Public Sector Pension Investment Board.

Amounts

Marginal note:Amounts to be credited in each fiscal year

• 29 (1) There shall be credited to the Superannuation Account in each fiscal year

  • (a) [Repealed, 1999, c. 34, s. 198]

  • (b) an amount representing interest on the balance from time to time to the credit of the Account, calculated in such manner and at such rates and credited at such times as the regulations provide, but the rate for any quarter in a fiscal year shall be at least equal to the rate that would be determined for that quarter using the method set out in section 30 of the Royal Canadian Mounted Police Superannuation Regulations, as that section read on March 31, 1991.

• (2) to (5) [Repealed, 1999, c. 34, s. 198]

• Marginal note:Amounts to be credited on basis of actuarial valuation report

  (6) Following the laying before Parliament of any actuarial valuation report pursuant to section 30 that relates to the state of the Superannuation Account and the Royal Canadian Mounted Police Superannuation Investment Fund, there shall be credited to the Account, at the time and in the manner set out in subsection (7), the amount that in the opinion of the President of the Treasury Board will, at the end of the fifteenth fiscal year following the tabling of that report or at the end of the shorter period that the President of the Treasury Board may determine, together with the amount that the President of the Treasury Board estimates will be to the credit of the Account and the Royal Canadian Mounted Police Superannuation Investment Fund at that time, meet the cost of the benefits payable under this Part and Part III in respect of pensionable service that is to the credit of contributors before April 1, 2000.

• Marginal note:Equal annual instalments

  (7) Subject to subsection (8), the amount required to be credited to the Superannuation Account under subsection (6) shall be divided into equal annual instalments and the instalments shall be credited to the Account over a period of fifteen years, or such shorter period as the President of the Treasury Board may determine, with the first such instalment to be credited in the fiscal year in which the actuarial valuation report is laid before Parliament.

• Marginal note:Adjustments

  (8) When a subsequent actuarial valuation report is laid before Parliament before the end of the period applicable under subsection (7), the instalments remaining to be credited in that period may be adjusted to reflect the amount that is estimated by the President of the Treasury Board, at the time that subsequent report is laid before Parliament, to be the amount that will, together with the amount that the President of the Treasury Board estimates will be to the credit of the Superannuation Account and the Royal Canadian Mounted Police Superannuation Investment Fund at the end of that period, meet the cost of the benefits payable under this Part and Part III in respect of pensionable service that is to the credit of contributors before April 1, 2000.

• Marginal note:Amounts to be debited on basis of actuarial valuation report

  (9) Following the laying before Parliament of any actuarial valuation report pursuant to section 30 that relates to the state of the Superannuation Account and the Royal Canadian Mounted Police Superannuation Investment Fund, there may be debited from the Account, at the time and in the manner set out in subsection (11), an amount that in the opinion of the President of the Treasury Board exceeds the amount that the President of the Treasury Board estimates, based on the report, will be required to be to the credit of the Account and the Royal Canadian Mounted Police Superannuation Investment Fund at the end of the fifteenth fiscal year following the tabling of that report or at the end of the shorter period that the President of the Treasury Board may determine in order to meet the cost of the benefits payable under this Part and Part III in respect of pensionable service that is to the credit of contributors before April 1, 2000.

• Marginal note:If total exceeds maximum

  (10) If the total of the amounts in the Account and in the Fund referred to in subsection (9) exceeds, following the laying of the report referred to in that subsection, the maximum amount referred to in subsection (13), there shall be debited from the Account, at the time and in the manner set out in subsection (11), the amount of the excess.

• Marginal note:Annual instalments

  (11) Subject to subsection (12), the amount that may be debited under subsection (9) and the amount that must be debited under subsection (10) shall be debited in annual instalments over a period of fifteen years, or a shorter period that the President of the Treasury Board may determine, with the first such instalment to be debited in the fiscal year in which the actuarial valuation report is laid before Parliament.

• Marginal note:Adjustments

  (12) When a subsequent actuarial valuation report is laid before Parliament before the end of the period applicable under subsection (11), the instalments remaining to be debited in that period may be adjusted to reflect the amount that is estimated by the President of the Treasury Board, at the time that subsequent report is laid before Parliament, to be the amount that will, together with the amount that the President of the Treasury Board estimates will be to the credit of the Superannuation Account and the Royal Canadian Mounted Police Superannuation Investment Fund at the end of that period, meet the cost of the benefits payable under this Part and Part III in respect of pensionable service that is to the credit of contributors before April 1, 2000.

• Marginal note:Maximum amount to credit of Account and Fund

  (13) At the end of the period, the total of the amounts that are to the credit of the Superannuation Account and the Royal Canadian Mounted Police Superannuation Investment Fund must not exceed one hundred and ten per cent of the amount that the President of the Treasury Board estimates is required to meet the cost of the benefits payable under this Part and Part III in respect of pensionable service that is to the credit of contributors before April 1, 2000.

• Marginal note:Costs

  (14) The costs of the administration of this Act, as determined by the Treasury Board on the recommendation of the Minister, with respect to benefits payable under this Act in respect of pensionable service that is to the credit of contributors before April 1, 2000 shall be paid out of the Superannuation Account.

Royal Canadian Mounted Police Superannuation Investment Fund

Marginal note:Establishment of Royal Canadian Mounted Police Superannuation Investment Fund

• 29.1 (1) The Royal Canadian Mounted Police Superannuation Investment Fund is established.

• Marginal note:Amounts to be deposited into Royal Canadian Mounted Police Superannuation Investment Fund

  (2) The following amounts shall be deposited into the Royal Canadian Mounted Police Superannuation Investment Fund:

  • (a) the amounts in the Superannuation Account transferred on or after April 1, 2000 that the Minister of Finance determines, in the manner and at the times that that minister determines; and

  • (b) the income from the investment of the amounts referred to in paragraph (a) plus profits less losses on the sale of the investments.

• Marginal note:Costs

  (3) If there are insufficient amounts in the Superannuation Account to pay the costs of the administration of this Act with respect to benefits payable under this Act in respect of pensionable service that is to the credit of contributors before April 1, 2000, those costs shall be paid out of the Royal Canadian Mounted Police Superannuation Investment Fund.

• Marginal note:Transfer of amounts

  (4) The Minister of Finance may, after consultation with the Public Sector Pension Investment Board within the meaning of the Public Sector Pension Investment Board Act, transfer to the Superannuation Account amounts in the Royal Canadian Mounted Police Superannuation Investment Fund that he or she determines, in the manner and at the times that that minister determines.

Royal Canadian Mounted Police Pension Fund

Marginal note:Establishment of Royal Canadian Mounted Police Pension Fund

• 29.2 (1) The Royal Canadian Mounted Police Pension Fund is established.

• Marginal note:Amounts to be deposited into Royal Canadian Mounted Police Pension Fund

  (2) The following amounts shall be deposited into the Royal Canadian Mounted Police Pension Fund:

  • (a) the amounts determined by the President of the Treasury Board under subsection (3);

  • (b) all other amounts required by this Act to be paid into the Fund; and

  • (c) the income from the investment of the amounts referred to in paragraphs (a) and (b) plus profits less losses on the sale of the investments.

• Marginal note:Amounts to be determined by the President of the Treasury Board

  (3) There shall be deposited into the Royal Canadian Mounted Police Pension Fund, in each fiscal year, in respect of every month, no later than thirty days after the end of the month in respect of which the deposit is made

  • (a) an amount that is determined by the President of the Treasury Board, after consultation with the Minister and based on actuarial advice, to be required to provide for the cost of the benefits that have accrued in respect of that month in relation to current service and that will become payable out of the Royal Canadian Mounted Police Pension Fund; and

  • (b) an amount that is determined by the President of the Treasury Board, after consultation with the Minister, in relation to the total amount paid into the Royal Canadian Mounted Police Pension Fund during the preceding month by way of contributions in respect of past service.

• Marginal note:Determination of the amounts

  (4) In determining amounts for the purposes of paragraph (3)(a), the President of the Treasury Board may take into account any surplus in the Royal Canadian Mounted Police Pension Fund as shown in the most recent actuarial valuation report referred to in section 30 on the state of the Fund.

• Marginal note:Transfer of amounts

  (5) The amounts deposited in the Royal Canadian Mounted Police Pension Fund shall be transferred to the Public Sector Pension Investment Board within the meaning of the Public Sector Pension Investment Board Act to be dealt with in accordance with that Act.

• Marginal note:Payment of benefits

  (6) All amounts required for the payment of benefits for which this Part and Part III make provision shall be charged to the Royal Canadian Mounted Police Pension Fund and paid out of the assets of the Public Sector Pension Investment Board if the benefits are payable in respect of pensionable service that comes to the credit of a contributor on or after April 1, 2000.

Marginal note:Amounts to be paid on basis of actuarial valuation report

• 29.3 (1) Following the laying before Parliament of any actuarial valuation report pursuant to section 30 that relates to the state of the Royal Canadian Mounted Police Pension Fund, there shall be paid into the Fund, at the time and in the manner set out in subsection (2), the amount that in the opinion of the President of the Treasury Board will, at the end of the fifteenth fiscal year following the tabling of that report or at the end of the shorter period that the President of the Treasury Board may determine, together with the amount that the President of the Treasury Board estimates will be to the credit of the Fund at that time, meet the cost of the benefits payable under this Part and Part III in respect of pensionable service that comes to the credit of contributors on or after April 1, 2000.

• Marginal note:Equal annual instalments

  (2) Subject to subsection (3), the amount required to be paid into the Royal Canadian Mounted Police Pension Fund under subsection (1) shall be divided into equal annual instalments and the instalments shall be paid to the Royal Canadian Mounted Police Pension Fund over a period of fifteen years, or the shorter period that the President of the Treasury Board may determine, with the first such instalment to be paid in the fiscal year in which the actuarial valuation report is laid before Parliament.

• Marginal note:Adjustments

  (3) When a subsequent actuarial valuation report is laid before Parliament before the end of the period applicable under subsection (2), the instalments remaining to be paid in that period may be adjusted to reflect the amount that is estimated by the President of the Treasury Board, at the time that subsequent report is laid before Parliament, to be the amount that will, together with the amount that the President of the Treasury Board estimates will be to the credit of the Fund at the end of that period, meet the cost of the benefits payable under this Part and Part III in respect of pensionable service that comes to the credit of contributors on or after April 1, 2000.

Marginal note:No more deposits if non-permitted surplus

• 29.4 (1) If, following the laying before Parliament of any actuarial valuation report pursuant to section 30 that relates to the state of the Royal Canadian Mounted Police Pension Fund, there is, in the President of the Treasury Board’s opinion, a non-permitted surplus in that Fund, no further amounts shall be deposited into the Fund under paragraph 29.2(3)(a) until the time that there is, in the President of the Treasury Board’s opinion, no longer a non-permitted surplus in the Fund.

• Marginal note:When non-permitted surplus

  (2) If, following the laying before Parliament of any actuarial valuation report pursuant to section 30 that relates to the state of the Royal Canadian Mounted Police Pension Fund, there is, in the President of the Treasury Board’s opinion, a non-permitted surplus in that Fund,

  • (a) the contributions payable under section 5 may be reduced in the manner, at the times and for the period that the Treasury Board determines, on the recommendation of the President of the Treasury Board after consultation with the Minister; or

  • (b) there may be paid out of the Royal Canadian Mounted Police Pension Fund, and into the Consolidated Revenue Fund, the amount, at the time and in the manner, that the Treasury Board determines on the recommendation of the President of the Treasury Board after consultation with the Minister.

• Marginal note:Recommendation of President of the Treasury Board

  (3) The President of the Treasury Board shall only make the recommendation referred to in paragraph (2)(b) after estimating, based on the report, that the amount that will be to the credit of the Royal Canadian Mounted Police Pension Fund at the end of the fifteenth fiscal year of that report or at the end of the shorter period that the President of the Treasury Board may determine, will not be less than the total of

  • (a) the amount that will be required in order to meet the cost of the benefits payable under this Part and Part III in respect of pensionable service that comes to the credit of contributors on or after April 1, 2000, and

  • (b) the amount of any surplus in the Royal Canadian Mounted Police Pension Fund that does not constitute a non-permitted surplus.

• Marginal note:When surplus is not non-permitted surplus

  (4) If, following the laying before Parliament of an actuarial valuation report pursuant to section 30 that relates to the state of the Royal Canadian Mounted Police Pension Fund, there is, in the opinion of the President of the Treasury Board, a surplus that is not a non-permitted surplus in that Fund, the contributions payable under section 5 or paragraph 29.2(3)(a) may be reduced in the manner, at the times and for the period that the Treasury Board determines, on the recommendation of the President of the Treasury Board after consultation with the Minister.

• Marginal note:Non-permitted surplus

  (5) For the purposes of this section, a non-permitted surplus exists when the amount by which assets exceed liabilities in the Royal Canadian Mounted Police Pension Fund, as determined by the actuarial valuation report referred to in section 30 or one requested by the President of the Treasury Board, is greater than the lesser of

  • (a) twenty per cent of the amount of liabilities in respect of contributors, as determined in that report, and

  • (b) the greater of

    • (i) twice the estimated amount, for the calendar year following the date of that report, of the total of

      • (A) the current service contributions that would be required of contributors, and

      • (B) the amounts that would be determined under paragraph 29.2(3)(a), and

    • (ii) the amount that would be determined under paragraph (a) if the reference in that paragraph to “twenty per cent” were read as a reference to “ten per cent”.

• Marginal note:When reduction in contributions

  (6) For greater certainty, a reduction in contributions under paragraph (2)(a) or subsection (4) is not to be considered as changing the contribution rate that applied before the reduction in contributions.

Marginal note:Costs

29.5 The costs of the administration of this Act, as determined by the Treasury Board on the recommendation of the Minister, with respect to benefits payable under this Act in respect of pensionable service that comes to the credit of contributors on or after April 1, 2000 shall be paid out of the Royal Canadian Mounted Police Pension Fund.

Actuarial Report

Marginal note:Public Pensions Reporting Act

30 In accordance with the Public Pensions Reporting Act, a cost certificate, an actuarial valuation report and an assets report on the state of each of the Superannuation Account, the Royal Canadian Mounted Police Superannuation Investment Fund and the Royal Canadian Mounted Police Pension Fund shall be prepared, filed with the Minister designated under that Act and laid before Parliament.

Annual Report

Marginal note:Annual report

31 The Minister shall cause to be laid before each House of Parliament each year a report on the administration of this Part and Part III during the preceding fiscal year, including a statement showing the amounts paid into and out of the Superannuation Account, the Royal Canadian Mounted Police Pension Fund and the Royal Canadian Mounted Police Superannuation Investment Fund during that year, by appropriate classifications, the number of contributors and the number of persons receiving benefits under this Part and Part III, together with the additional information that the Governor in Council may by regulation require.

PART IIBenefits in Respect of Injury or Death on Service

Marginal note:Eligibility for awards under Pension Act

32 Subject to this Part, an award in accordance with the Pension Act shall be granted to or in respect of

• (a) any person to whom Part VI of the former Act applied at any time before April 1, 1960 who, either before or after that time, has suffered a disability or has died, or

• (b) any person who served in the Force at any time after March 31, 1960 as a contributor under Part I of this Act and who has suffered a disability, either before or after that time, or has died,

in any case where the injury or disease or aggravation thereof resulting in the disability or death in respect of which the application for the award is made arose out of, or was directly connected with, the person’s service in the Force.

Marginal note:Award related to special duty service

• 32.1 (1) An award in accordance with the Pension Act shall be granted to or in respect of a member of the Force who is disabled or dies as a result of an injury or disease or an aggravation thereof that was attributable to or was incurred during special duty service as defined in subsection (2), as though that member of the Force were a member of the Canadian Forces in special duty service within the meaning of the Pension Act.

• Definition of special duty service

  (2) For the purposes of subsection (1), special duty service means service as a member of the Force in a special duty area designated under section 32.12 or under section 91.2 of the Pension Act during the period in which that designation is in effect, or service as a member of the Force as part of a special duty operation designated under section 32.13 or under section 91.3 of the Pension Act during the period in which that designation is in effect, and includes

  • (a) periods of training for the express purpose of service in that area or as part of that operation, wherever that training takes place,

  • (b) travel to and from the area, the operation, or the location of training referred to in paragraph (a), and

  • (c) authorized leave of absence with pay during that service, wherever that leave is taken,

  if that training, travel or leave occurred on a day, not earlier than September 11, 2001, that is in the period during which that designation is in effect.

Marginal note:Definition of conditions of elevated risk

32.11 In paragraphs 32.12(1)(c) and 32.13(1)(d), conditions of elevated risk means a level of risk higher than that normally associated with service in peacetime.

Marginal note:Special duty areas

• 32.12 (1) The Solicitor General of Canada, after consulting the Minister as defined in subsection 3(1) of the Pension Act, may by order designate an area as a special duty area if

  • (a) the area is outside Canada;

  • (b) members of the Force have been deployed, or will be deployed, to that area as part of an operation of a type referred to in section 32.14; and

  • (c) the Solicitor General of Canada is of the opinion that that deployment has exposed or may expose those members to conditions of elevated risk.

• Marginal note:Period of designation

  (2) A designation made by an order under subsection (1) takes effect on the day on which the order is made, or on such earlier date — not earlier than June 11, 1998 — or later date as may be fixed by the order. The order may fix a date on which a designation ceases to be in effect.

Marginal note:Special duty operations

• 32.13 (1) The Solicitor General of Canada, after consulting the Minister as defined in subsection 3(1) of the Pension Act, may by order designate as a special duty operation any operation, or any component of an operation, if

  • (a) the operation is of a type referred to in section 32.14;

  • (b) the operation is outside Canada;

  • (c) members of the Force have been deployed, or will be deployed, as part of that operation; and

  • (d) the Solicitor General of Canada is of the opinion that that deployment has exposed or may expose those members to conditions of elevated risk.

• Marginal note:Period of designation

  (2) A designation made by an order under subsection (1) takes effect on the day on which the order is made, or on such earlier date — not earlier than September 11, 2001 — or later date as may be fixed by the order. The order may fix a date on which a designation ceases to be in effect.

Marginal note:Types of operations

32.14 For the purposes of paragraphs 32.12(1)(b) and 32.13(1)(a), the types of operations are as follows:

• (a) an armed conflict;

• (b) an operation authorized under the Charter of the United Nations or any other similar treaty instrument;

• (c) an operation that, in the opinion of the Solicitor General of Canada, is a search and rescue operation;

• (d) an operation that, in the opinion of the Solicitor General of Canada, is a disaster relief operation;

• (e) an operation that, in the opinion of the Solicitor General of Canada, is a counter-terrorism operation;

• (f) an operation that, in the opinion of the Solicitor General of Canada, is aimed at re-establishing social order or rebuilding social institutions following political or social unrest; and

• (g) an operation involving a level of risk that, in the opinion of the Solicitor General of Canada, is comparable to that normally associated with an operation referred to in paragraphs (a) and (b).

Marginal note:Statutory Instruments Act

32.15 Sections 3, 5 and 11 of the Statutory Instruments Act do not apply in respect of an order made under section 32.12 or 32.13.

Marginal note:Adjudication

32.2 All claims for awards under this Part shall be dealt with and adjudicated on in like manner as claims under the Pension Act, and all provisions of that Act not inconsistent with this Part apply, with such modifications as the circumstances require, to any claim under this Part.

Marginal note:Payment of treatment allowance

• 33 (1) Where a former member of the Force who is in receipt of a pension under this Part, under subsection 22(1) of the Royal Canadian Mounted Police Act, chapter 241 of the Revised Statutes of Canada, 1952, as that subsection read before April 1, 1960, or under subsection 5(1) of the Royal Canadian Mounted Police Pension Continuation Act, chapter R-10 of the Revised Statutes of Canada, 1970, by reason of his having become disabled is receiving treatment as an in-patient under regulations made pursuant to the Department of Veterans Affairs Act for the disability in respect of which his pension was awarded or granted, he may be paid a treatment allowance that, in the opinion of the Treasury Board, would be equivalent to the treatment allowance that would be payable to him under those regulations if he were a veteran to whom those regulations applied, and during the time the treatment allowance is being paid to him section 41 of the Pension Act shall apply with such modifications as the circumstances require to his pension.

• (2) [Repealed, 1998, c. 11, s. 3]

Marginal note:Application of Government Employees Compensation Act

• 34 (1) Notwithstanding subsection 3(1) of the Government Employees Compensation Act, that Act applies to every member of the Force, as defined in subsection 2(1) of the Royal Canadian Mounted Police Act, except a person or member described in section 32 or 32.1 of this Act.

• Marginal note:Application of subsection 3(1)

  (2) Subsection 3(1) of this Act, except the definition "disabled", applies to this Part.

PART IIISupplementary Benefits

Marginal note:Definitions

35 In this Part,

contributor

contributor[Repealed, 1999, c. 34, s. 201]

pension

pension means any pension, annual allowance or annuity payable under Part I; (pension)

recipient

recipient means

• (a) a person who is in receipt of a pension and who has reached sixty years of age,

• (b) a person who is in receipt of a pension and who, not having reached sixty years of age, is disabled,

• (c) a person who, not having reached sixty years of age, is in receipt of a pension under subsection 11(9) or (10),

• (d) a person who, not having reached sixty years of age, is in receipt of a pension as a result of having been compulsorily retired from the Force by reason of any mental or physical condition rendering the person disabled,

• (e) a person who, not having reached sixty years of age, is in receipt of a pension based on not less than

  • (i) twenty-six years of pensionable service, in the case of a person who has reached fifty-nine years of age but has not reached sixty years of age,

  • (ii) twenty-seven years of pensionable service, in the case of a person who has reached fifty-eight years of age but has not reached fifty-nine years of age,

  • (iii) twenty-eight years of pensionable service, in the case of a person who has reached fifty-seven years of age but has not reached fifty-eight years of age,

  • (iv) twenty-nine years of pensionable service, in the case of a person who has reached fifty-six years of age but has not reached fifty-seven years of age, or

  • (v) thirty years of pensionable service, in the case of a person who has reached fifty-five years of age but has not reached fifty-six years of age, or

• (f) a person who is in receipt of the pension by reason of being a survivor or a child. (prestataire)

36 [Repealed, 1999, c. 34, s. 202]

Marginal note:Contributions for elective service

• 37 (1) A person who elects, pursuant to section 6 or 24, to count as pensionable service any period of elective service specified in those sections, or any portion of that service, that is after March 31, 1970 but before January 1, 2000 is required to contribute to the Superannuation Account or the Royal Canadian Mounted Police Pension Fund in respect of it, in addition to any other amount required under this Act, an amount calculated in the manner and in respect of the pay described in those sections

  • (a) in the case of any period of elective service or portion of such a period that is after March 31, 1970 and before January 1, 1977, at the rate of one-half of one per cent of the person’s pay; and

  • (b) in the case of any period of elective service or portion of such a period that is after December 31, 1976 and before January 1, 2000 at the rate of one per cent of the person’s pay.

• Marginal note:Manner of payment

  (2) Subsections 8(5) to (7) apply, with such modifications as the circumstances require, in respect of amounts required to be paid under subsection (1).

Marginal note:Benefit payable

38 Subject to this Part, a supplementary benefit is payable to every recipient.

Marginal note:Calculation of benefit

• 39 (1) The supplementary benefit payable to a recipient for a month in any year shall be calculated with reference to the retirement year of the recipient and shall be equal to the amount of the supplementary retirement benefit that would be payable with respect to the recipient’s pension under section 4 of the Supplementary Retirement Benefits Act if that Act applied to the recipient.

• Marginal note:Exception for first year benefits received

  (2) The supplementary benefit payable to a recipient for a month in the year immediately following the recipient’s retirement year is equal to the product obtained by multiplying

  • (a) the amount of the supplementary benefit that would, but for this section, be payable to the recipient for that month

    by

  • (b) the ratio that the number of complete months that remained in the retirement year after the retirement month bears to twelve.

• Marginal note:Determination of retirement year or month

  (3) For the purposes of this section,

  • (a) the retirement year or retirement month of a person to or in respect of whom or in respect of whose service a pension is payable, other than a person referred to in paragraph (b), is the year or month, as the case may be, in which, for the purposes of this Act, that person most recently ceased to be a member of the Force; and

  • (b) the retirement year or retirement month of a person who is in receipt of a pension by reason of being a survivor or a child, is the retirement year or retirement month, as the case may be, of the person in respect of whom or in respect of whose service the pension is payable.

• Marginal note:No decrease in amount of supplementary benefit

  (4) Notwithstanding subsection (1) but subject to section 40, the aggregate of the amount of the supplementary benefit and the pension that may be paid to a recipient for a month in any year shall not be less than the aggregate of the amount of the supplementary benefit and the pension that was or may be paid to that recipient for any month in the year next before that year.

• Marginal note:Recipients for whom retirement year is after 1975

  (5) Notwithstanding subsections (1), (2) and (4) but subject to section 40, the amount of the supplementary benefit that may be paid for a month in any year to a recipient in respect of whom the retirement year determined pursuant to subsection (3) is 1976 or a later year shall not be less than an amount equal to the difference obtained by subtracting the amount of the pension that may be paid to the recipient for that month in that year from the aggregate of the supplementary benefit and the maximum pension that would have been payable to that recipient for that month in that year, otherwise than pursuant to this section, if the retirement month of the retirement year of the recipient had been that month in such year, being a year after 1974, as is determined by

  • (a) the Governor in Council, in the case of a person to or in respect of whom the pension is payable on ceasing to hold an office to which the person was appointed by the Governor in Council; or

  • (b) the Treasury Board, in the case of a person other than a person described in paragraph (a).

Marginal note:Manner of payment of benefit

• 40 (1) The supplementary benefit payable to a recipient shall be paid at the same times, in the same manner, during or in respect of the same periods and subject to the same terms and conditions as the pension payable to that recipient.

• (2) [Repealed, 1999, c. 34, s. 205]

PART IVGeneral

Marginal note:Regulations

• 41 (1) The Governor in Council may, for the purpose of enabling the pension plan provided by this Act to conform with any provision of section 147.1 of the Income Tax Act and Part LXXXV of the Income Tax Regulations, make regulations

  • (a) adapting any provision of this Act or of any regulation made under this Act;

  • (b) respecting the application of any provision of this Act or of any regulation made under this Act; and

  • (c) generally as the Governor in Council may consider necessary for that purpose.

• Marginal note:Regulations

  (2) The Governor in Council may, for the purpose of ensuring the practical and fair application of this Act in any case where regulations are made or have been made under subsection (1), make regulations

  • (a) adapting any provision of this Act or of any regulation made under this Act;

  • (b) respecting the application of any provision of this Act or of any regulation made under this Act; and

  • (c) generally as the Governor in Council may consider necessary for that purpose.

• Marginal note:Inconsistency with Act or other regulations

  (3) In the event of any inconsistency between the provisions of any regulations made under subsection (1) or (2) and the provisions of this Act or any other regulations made under this Act, the provisions of the regulations made under subsection (1) or (2) prevail to the extent of the inconsistency.

• Marginal note:Retroactive application of regulations

  (4) Regulations made under subsection (1) or (2) may, if they so provide, be retroactive and be deemed to come into force on a day prior to the day on which they are made, which prior day shall not be before the day on which this subsection comes into force.

• Marginal note:Void regulations

  (5) A regulation made under subsection (1) or (2) is void if the regulation would reduce or have the effect of reducing the amount of any pension, annual allowance, annuity, supplementary benefit or lump sum payment that has accrued to any person before the day on which the regulation is made.

• Marginal note:Powers of Treasury Board

  (6) The Treasury Board may, in addition to the powers conferred on it by paragraph 7(2)(d) of the Financial Administration Act, exercise the powers of the Governor in Council under this section.