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

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:Definition of service in the Force

31.1 For the purposes of this Part, paragraphs (b), (c) and (d) of the definition service in the Force in subsection 3(1) apply only in respect of service as a member of a provincial or municipal police force with which the Minister has entered into an arrangement under section 20 of the Royal Canadian Mounted Police Act.

Marginal note:Eligibility for awards under Pension Act

32 Subject to this Part and the regulations, an award in accordance with the Pension Act shall be granted to or in respect of the following persons if the injury or disease — or the aggravation of the injury or disease — 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:

• (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; and

• (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.

Marginal note:Service in special duty area

• 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 and section 3.1 of that Act were not in force.

• Marginal note: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 of this Act or under section 69 of the Veterans Well-being 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 of this Act or under section 70 of that 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 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 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 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: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.

• (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.