Royal Canadian Mounted Police Superannuation Act (R.S.C., 1985, c. R-11)

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 Minister of Public Safety and Emergency Preparedness, 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 Minister of Public Safety and Emergency Preparedness 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 Minister of Public Safety and Emergency Preparedness, 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 Minister of Public Safety and Emergency Preparedness 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 Minister of Public Safety and Emergency Preparedness, is a search and rescue operation;

• (d) an operation that, in the opinion of the Minister of Public Safety and Emergency Preparedness, is a disaster relief operation;

• (e) an operation that, in the opinion of the Minister of Public Safety and Emergency Preparedness, is a counter-terrorism operation;

• (f) an operation that, in the opinion of the Minister of Public Safety and Emergency Preparedness, 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 Minister of Public Safety and Emergency Preparedness, 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:Pension Act

32.2 All claims for awards under this Part shall be dealt with and determined by the Minister as defined in subsection 3(1) of the Pension Act in the same manner as claims under that Act. All provisions of that Act that are not inconsistent with this Part apply, with any necessary modifications, 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.

• (2) [Repealed, 2009, c. 13, s. 11]

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:Minimum guaranteed amount

  (5) Despite 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 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 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).