Royal Canadian Mounted Police Pension Continuation Act (R.S.C. 1970, c. R-10)

Marginal note:Deduction from pay under Civil Service Superannuation and Retirement Act

28 Any deduction made from the pay of an officer toward the Civil Service Superannuation Fund or the Civil Service Retirement Fund may, if such officer so elected to accept the provisions of the Mounted Police Officers Pension Act, 1902, be counted as part of the five per cent deduction required by this Part toward making good the pensions aforesaid.

Marginal note:Officers not subject to this Part

29 Part I or Part II of the Civil Service Superannuation and Retirement Act, as the case may be, continues to apply as heretofore to officers who are not subject to the application of this Part.

Marginal note:Dismissal

30 Nothing in this Part affects the right of the Governor in Council to dismiss or remove any officer.

Marginal note:Pension to widow and allowance to children

• 31 (1) Subject to the provisions hereinafter contained, the Governor in Council may grant a pension to the widow and a compassionate allowance to each of the children of any officer who loses his life in the performance of duty, as a result of hardship, accident, misadventure or violence.

• Marginal note:Amount of pension and allowances

  (2) The pension of such widow shall be equal to one-half the pay and allowances that would have been permitted her deceased husband for pension purposes, under this Act at the time of his death, irrespective of whether he had qualified for pension by length of service or not, and the compassionate allowance to each child shall be that stipulated in section 22.

• Marginal note:Limitations not to apply

  (3) The provisions of section 23 do not apply in the case of the widow and children of an officer who loses his life under the conditions set forth in subsection (1).

• Marginal note:Provisions applicable

  (4) Payments of pension or compassionate allowance granted to the widow and children of an officer under this section are subject to sections 24, 25 and 26.

PART IIIConstables’ Pensions

Marginal note:Constable may be required to retire

32 When any constable has

• (a) completed a service of twenty years, or

• (b) completed a service of not less than ten years, and has reached the age limit,

the Commissioner may, with the approval of the Governor in Council, require him to retire upon the terms as to pension prescribed under this Part.

Marginal note:When pensions payable

• 33 (1) Subject to this Part, when any constable

  • (a) has completed not less than ten years of service, and is incapacitated from the performance of his duty by infirmity of mind or body, he may be invalided and granted a pension for life; or

  • (b) has completed not less than twenty years of service, he shall be entitled to retire and receive a pension for life.

• Marginal note:Return to service

  (2) Any constable who receives a pension before he has completed twenty years of service shall be subject to return to service, as provided by this Part, if he ceases to be incapacitated and has not reached the age limit.

Marginal note:Amount of pension

• 34 (1) The pension of a constable on retirement shall be

  • (a) if he has completed ten but less than twenty-one years of service, one-fiftieth of his annual pay and allowances during the last year of his service for every year of service;

  • (b) if he has completed twenty-one but less than twenty-five years of service, an annual sum equal to twenty-fiftieths of his annual pay and allowances during the last year of his service, with an addition of two-fiftieths of such pay and allowances for every completed year of service above twenty years; or

  • (c) if he has completed twenty-five years of service, an annual sum equal to thirty-fiftieths of his annual pay and allowances during the last year of his service with an addition of one-fiftieth of such pay and allowances for every completed year of service above twenty-five years, but the pension shall not exceed two-thirds of such annual pay and allowances.

• Marginal note:Amount of allowances for pension purposes

  (2) The Governor in Council may by regulation determine the amount of allowances for pension purposes to be received by any constable of the Force, and this subsection shall be and be deemed to have been effective from the 1st day of August 1919.

Marginal note:Re-engaged pensioner

• 35 (1) In the event of a pensioner being re-engaged for service in the Force by reason of the existence of a national emergency, including war, his pension shall be discontinued until his re-engagement is terminated by his final discharge from the Force.

• Marginal note:Resumption of pension

  (2) Notwithstanding anything in this Part, payment of the pension of which any such pensioner was in receipt prior to his re-engagement as aforesaid shall, upon his final discharge from the Force, be immediately resumed; but the Governor in Council may, in his discretion, increase the amount of such pension by an amount equal to one-fiftieth of the annual pay and allowances of which such pensioner was in receipt at the time of his final discharge from the Force for each year or, save as otherwise provided by subsection (3), portion of a year of his service during the period of his re-engagement as aforesaid.

• Marginal note:Computation

  (3) In determining the period of service of a pensioner under re-engagement as aforesaid for the purposes of subsection (2), service of six months or more but of less than one year shall be counted as one-half of a year’s service, but service of less than six months shall not count for the purposes of any increase of pension; and where in the case of any pensioner no allowances for the rank held by him during re-engagement as aforesaid are prescribed for pension purposes, the Minister may recommend that such amount by way of allowances as may in his opinion be considered fair and just in the circumstances of the case be taken into account for the purpose of computing an increase of the pension of such pensioner under subsection (2).

• Marginal note:Pensioner

  (4) In this section pensioner means any constable who, prior to his re-engagement for service in the Force, was in receipt of a pension granted to him under this Act.

Marginal note:Computation of time of service

• 36 (1) For the purpose of estimating any pension under this Part,

  • (a) if the service has not been continuous, the period or periods during which such service has been interrupted shall not be counted; and

  • (b) neither working pay nor extra pay of any man shall be considered.

• Marginal note:Constables’ pensions, World War I

  (2) Time served on active service during the war between Great Britain and Germany that commenced on the 4th day of August 1914 may be included in the term of service for the purpose of pension under this Part.

• Marginal note:Civil Service and Customs-Excise Preventive Service

  (3) Time served in the Civil Service that counted toward superannuation and retirement under the various Civil Service Superannuation and Retirement Acts, and time served in the Customs-Excise Preventive Service of the Department of National Revenue, may be included in the term of service for the purpose of pension under this Part.

• Marginal note:Time served in provincial police force

  (4) Recognition of prior service in and time served in any provincial police force of a province with which the Governor in Council has entered into an arrangement under section 5 of the former Act, at the time of the constable’s engagement or re-engagement or subsequent to such engagement or re-engagement, may be included in his term of service for the purpose of pension under this Part, if the constable pays the amount required by the Governor in Council.

• Marginal note:Permanent forces

  (5) Time served in the permanent naval, army or air forces of Canada may also be included in the term of service of a constable for the purposes of pension under this Part.

• Marginal note:Service in World War II

  (6) Time served on active service during the war that commenced in September 1939 may be included in the term of service for the purpose of pension under this Part.

• Marginal note:Refund in case of prior service in provincial force

  (7) Where a member of the Force, who has made the payment required under this section in respect of prior service in a provincial police force, is certified by the Commissioner to have been retained in the Force beyond the maximum period of service that may be counted for the purpose of computing a pension under this Part by reason of the war that commenced in September 1939, there may be paid to him, or if he has died, to his legal representatives, an amount that bears the same ratio to the total of the payment made by him in respect of his prior service in the provincial police force, without interest, that the period of his service that may be counted for pension purposes in excess of the maximum period that may be so counted, bears to the total of his prior service in the provincial police force in respect of which he made payment; but the amount payable under this subsection shall not exceed the total amount of the payment made by him in respect of his prior service in the provincial police force.

Marginal note:Report and certificate justifying pension

37 No pension shall be granted to any constable unless a board composed of three officers, the rank of one of whom shall not be less than that of superintendent, has certified to his length of service and conduct, and that other evidence has been adduced before it which justifies the granting of a pension under this Part.

Marginal note:Certificate of medical board

• 38 (1) Before a pension is granted to a constable, who after having served for less than twenty years, retires on the ground of his being incapacitated by infirmity of mind or body for the discharge of his duty, a medical board composed of a surgeon, or assistant surgeon, or acting assistant surgeon, or a medical practitioner employed by the Force, and two other legally qualified medical practitioners, shall certify that such constable is so incapacitated and that the incapacity is likely to be permanent.

• Marginal note:Evidence of incapacity

  (2) Until the liability of a constable to serve again ceases, he shall, when required, furnish satisfactory evidence certified by a legally qualified medical practitioner that such incapacity continues.

Marginal note:If incapacity ceases

39 If such incapacity ceases before the expiration of such time as would, together with the period of service prior to his retirement, make up a period of twenty years, the constable is liable to serve again in the Force; and if, before the expiration of the said time, he declines so to serve, or if, when serving again, he neglects to perform his duty satisfactorily, being in a competent state of health, he shall forfeit his pension.

Marginal note:Failure or refusal to be examined

40 If a constable fails or refuses, when required, to be examined by a legally qualified medical practitioner, the Commissioner has the same power of requiring such constable to serve again, and with the approval of the Governor in Council, of declaring forfeited the pension of such constable, as he would have under the foregoing provisions of this Part, if satisfied by the evidence of a legally qualified medical practitioner that the incapacity of such constable had ceased.

Marginal note:Retirement after renewed service

• 41 (1) A constable so serving again is entitled to retire at the same time as he would be entitled to retire if the time that elapsed between his retirement and the renewal of his service were service.

• Marginal note:Interval not to count

  (2) The time so elapsed shall not be reckoned as service in calculating his pension on his retirement.