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

Marginal note:Contributory negligence, etc.

42 When a pension is granted to a constable on account of infirmity of mind or body, and such infirmity is certified by a medical board constituted as aforesaid to have been brought about or been contributed to by his own default, or by his vicious habits, and such constable, but for such default or habit, is entitled under this Part to a pension of a fixed amount, the Governor in Council may grant to him a less amount of pension than the said fixed amount to which he would otherwise have been entitled.

43 [Repealed, 1992, c. 46, s. 96]

Marginal note:Obtaining pensions by false pretences

44 Every constable who obtains any pension under this Part by any false representation or false evidence, or by personation, by malingering or feigning disease or infirmity, or by maiming or injuring himself, or causing himself to be maimed or injured, or otherwise producing disease or infirmity, or by any other fraudulent conduct, is guilty of an offence, and liable, on summary conviction, to imprisonment, with or without hard labour, for a period not exceeding twelve months, or to a fine not exceeding one hundred dollars, and shall forfeit the pension obtained.

Marginal note:Diversion of payments to satisfy financial support order

• 44.1 (1) When any court in Canada of competent jurisdiction has made an order requiring a constable in receipt of a pension to pay financial support, amounts payable to the constable under this Part 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:Payment deemed to be to constable

  (2) For the purposes of this Part, any payment made pursuant to subsection (1) shall be deemed to have been made to the constable in respect of whom the payment was made.

• (3) [Repealed, 2000, c. 12, s. 287]

Marginal note:Pensions to widows and compassionate allowances to children

• 45 (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 constable who loses his life in the performance of duty, as a result of hardship, accident, misadventure or violence.

• Marginal note:Amount of pensions and allowances

  (2) The pension of a constable’s widow shall be equal to one-half the pay and allowances which 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 sixty dollars per annum.

• Marginal note:Provisions applicable

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

PART IVWidows’ and Orphans’ Pensions

Marginal note:Application

46 This Part applies to

• (a) every constable appointed after the 1st day of October 1934; and

• (b) every constable on the Force on the 1st day of October 1934 who elects to contribute under the provisions of section 47.

Marginal note:Minimum contribution

• 47 (1) For the purpose of providing the cost of benefits payable under this Part, every person to whom this Part applies shall contribute, by deduction out of his pay, five per cent of the stated rate of pay of his rank.

• Marginal note:Leave of absence

  (2) In any month in which, due to leave of absence or any other cause, the actual pay of any such person is not at least equal to the contributions to be deducted out of his pay in that month under the provisions of this and the following sections, then no part of the contributions for that month shall be deducted out of his pay, if any, but he may nevertheless pay into the Consolidated Revenue Fund the full contributions required for that month and if paid after the due date he shall include interest for the period of the delay in payment at the rate of four per cent per annum.

• Marginal note:Optional supplementary contribution

  (3) Every such person may at any time authorize a supplementary deduction to be made from his pay in accordance with the following table:

  Age, last preceding birthday, on commencement of supplementary contribution	Supplementary contribution per month
  20 years and under	$ 0.68
  21	0.75
  22	0.82
  23	0.89
  24	0.96
  25	1.03
  26	1.10
  27	1.17
  28	1.25
  29	1.33
  30	1.41
  31	1.49
  32	1.57
  33	1.65
  34	1.73
  35	1.82
  36	1.91
  37	2.01
  38	2.11
  39	2.21
  40	2.31
  41	2.42
  42	2.53
  43	2.65
  44	2.77
  45	2.89

• Marginal note:Contributions to be applied to purchase benefits

  (4) The contributions from time to time so made by every such person, as well as any other contributions made under this Part, shall in effect be used as and when made to purchase benefits to become payable consequent on the death of such person, whenever death may occur, to or in respect of his widow or children if survived by a widow or children and to or in respect of his children and other dependants if such person is not survived by a widow.

• Marginal note:Bases of purchase

  (5) The benefits mentioned in subsection (4) shall be as defined and described in section 48, and the said contributions shall be applied in accordance with that section and the schedule to this Part to purchase the said benefits.

• Marginal note:Election to contribute

  (6) Subject to subsection (7) any constable on the Force on the 1st day of October 1934 who does not elect within eight months to contribute under subsection (1) shall not thereafter become subject to this Part unless the Commissioner is satisfied that the health of such constable is such as would be satisfactory for enlistment in the Force.

• Marginal note:Extension of time

  (7) If due to remoteness of location or difficulties of communication any constable, in the opinion of the Commissioner, may not have had a reasonable opportunity within the eight months period of electing to so contribute, the Commissioner may extend the period of election of such constable for such period as the Commissioner may deem reasonable.

• Marginal note:Child

  (8) For the purposes of this and the following sections, child means a child of a person to whom this Part applies, including a stepchild and an adopted child, who

  • (a) is less than twenty-one years of age; or

  • (b) is twenty-one 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 twenty-one years of age or the person to whom this Part applies died, whichever occurred later.

Marginal note:Benefits payable on death

• 48 (1) Consequent on the death of every person to whom this Part applies there shall, subject to this Part, be paid the following benefits, namely,

  • (a) if such person is survived by a widow, a pension to her for life in such an amount as may be purchased by the contributions made by such person, always taking into account the other benefits to be purchased out of the said contributions as provided in paragraphs (b) and (c);

  • (b) in respect of each child surviving such person, an annuity, payable to the end of the month in which he ceases to be a child, in such an amount as has been or may be purchased by twenty-five per cent of the contributions from time to time made or such lesser percentage of the contributions as may be sufficient to bring the child’s annuity up to seven per cent of the pay of the rank of such person, except that the annuity payable in respect of an orphan child shall be double the annuity otherwise payable to a child, but a double annuity shall not be paid in respect of a child during the life-time of the stepmother of the child nor shall a double annuity be payable in respect of an adopted child of such person during the lifetime of the widow of such person; and

  • (c) if such person is not survived by a widow, a lump sum to be used as hereinafter provided, the amount of the lump sum being determined as follows, namely, the lump sum shall equal in value a pension to a female life aged twenty years older than such person at his death but not exceeding the age of seventy-five years, the annual amount of the said pension being the same as the widow’s pension would be if such person were survived by a widow.

• (2) [Repealed, 1989, c. 6, s. 24]

• Marginal note:Marriage after termination of service

  (3) Where any such person marries after termination of service in the Force and dies within five years after his marriage, the value of the pension to his widow shall not exceed the lump sum benefit that would be payable if he were not survived by a widow unless within the said five years he establishes to the satisfaction of the Commissioner that he is in sound health.

• Marginal note:Marriage after age 60

  (4) Where any such person marries after the age of sixty years, the value of the pension to his widow shall not exceed the lump sum benefit that would be payable if he were not survived by a widow.

• Marginal note:Maximum benefit

  (5) The annual total of the pension to the widow and of the annuities to the children of any such person shall not exceed seventy per cent of the final annual rate of pay and allowances for pension purposes of such person.