Royal Canadian Mounted Police Pension Continuation Regulations (C.R.C., c. 1392)

Short Title

1 These Regulations may be cited as the Royal Canadian Mounted Police Pension Continuation Regulations.

Interpretation

2 The following definitions apply in these Regulations.

Act

Act means the Royal Canadian Mounted Police Pension Continuation Act. (Loi)

authorized advisor

authorized advisor means a member of the Force, a person employed in the public service or a person whose services were retained by the Minister for the purposes of the Act. (conseiller autorisé)

Service in the Force

• 3 (1) Any period of service of a person as a special constable in the Force or as a member of a provincial police force of a province with which the Governor in Council entered into an arrangement under section 5 of the Act as it was before the coming into force of the Royal Canadian Mounted Police Superannuation Act, shall be deemed to be a period during which that person served in the Force and to be service for the purposes of the Act.

• (2) Notwithstanding subsection (1), any period of service of a person as a member of a provincial police force described in subsection (1) shall be deemed to be a period during which he served in the Force and to be service for the purposes of section 5 of the Act only if his service in the Force has been continuous since the date of absorption of that police force into the Force and the disability sustained during that period, in respect of which the application for compensation under section 5 of the Act is made, is a disability for which that person is not and was not eligible to receive compensation under a law of a province that provides for the payment of workmen’s compensation.

4 [Repealed, SOR/2013-125, s. 2]

Allowances to Be Included as Pay

• 5 (1) For the purposes of subsection 34(2) of the Act, the amount of allowances for pension purposes to be received by any constable of the Force shall be

  • (a) the value of free meals or quarters, or of single or double rations, supplied or received as part of the remuneration of the constable, determined where applicable as provided from time to time for the purposes of any Act of the Parliament of Canada respecting income taxes; and

  • (b) service pay received by him after October 1, 1966, as compensation for long service in the Force.

• (2) Where a member has not received an allowance specified in subsection (1) due to absence on authorized leave with or without pay, the rate of pay for pension purposes shall not be reduced.

5.1 For the purpose of section 11 of the Act, the amount of allowances for purposes of pension to be received by the Commissioner and other officers of the Force shall include service pay received by them after April 1, 1981.

Royal Canadian Mounted Police (Dependants) Pension Fund

6 For the purpose of subsection 55(3) of the Act, the rate of interest shall be the rate described in subsection 30(2) of the Royal Canadian Mounted Police Superannuation Regulations calculated in respect of each quarter in each fiscal year on the last day of June, September, December and March on the balance to the credit of the Royal Canadian Mounted Police (Dependants) Pension Fund on the last day of the preceding quarter.

Full-time Attendance at a School or University Substantially Without Interruption

7 For the purpose of paragraph 47(8)(b) of the Act, the expression “full-time attendance at a school or university” shall have the same meaning as in section 19 of the Royal Canadian Mounted Police Superannuation Regulations and the circumstances under which attendance at a school or university shall be determined to be substantially without interruption shall be as specified in section 19 of those Regulations.

Election in Respect of Surviving Spouse Pension

8 For the purposes of sections 9 to 26,

election

election means an election under section 20.1 of the Act; (choix)

level of reduction

level of reduction means, in respect of a pension, one of the three amounts determined pursuant to section 17, where levels one, two and three correspond to a reduction that provides a surviving spouse with a pension that is equal to 30, 40 or 50 per cent, respectively, of a pension referred to in subparagraph 17(b)(i), if paragraph 17(b) were read without reference to supplementary benefits payable under the Supplementary Retirement Benefits Act; (niveau de réduction)

officer

officer means an officer referred to in section 20.1 of the Act; (officier)

spouse

spouse means a spouse referred to in section 20.1 of the Act. (conjoint)

9 For the purposes of section 20.1 of the Act, an officer may make an election to reduce the amount of the officer’s pension not later than one year after the later of

• (a) the day on which this section comes into force, and

• (b) the day on which the officer and the spouse are married.

• 10 (1) Despite section 9, an officer may make the election after the expiration of the period provided for in that section if the officer has received, from an authorized advisor who normally gives information about these matters, erroneous or misleading information regarding the period during which the officer could make an election or materially erroneous or misleading information regarding the amount of the reduction of the officer’s pension or the amount of the pension to which the spouse would be entitled and, in making the election, acted on that information.

• (2) The election may be made not later than three months after the day on which a written notice containing the corrected information is sent to the officer.

11 An election shall be made in writing and shall

• (a) indicate the level of reduction in respect of the officer’s pension;

• (b) indicate the date of birth of the officer’s spouse and the date of the spouse’s marriage to the officer; and

• (c) be signed and dated by the officer and signed by a witness other than the officer’s spouse.

• 12 (1) An election is valid only if it is sent to the Minister, or to a person designated by the Minister, within the period set out in section 9 or subsection 10(2).

• (2) An election is made on the day on which it is sent.

• (3) The day of the sending of the election is the day on which it is delivered or, if it is sent by mail, the day on which it is mailed and the postmark is evidence of that day.

13 The officer, or a person acting on behalf of the officer, shall, within one year after the day on which an election is made, send to the Minister or to a person designated by the Minister

• (a) a document that is evidence of the date of birth of the spouse;

• (b) a document that is evidence of the marriage of the officer and the spouse; and

• (c) where the name of the spouse as indicated on a document referred to in paragraph (a) is not the same as the name of the spouse as indicated on a document referred to in paragraph (b), any other document that confirms that the evidence of the birth and the marriage relates to the spouse, or a statutory declaration by which the spouse declares that the documents are in respect of the spouse.

• 14 (1) Proof of age of the officer’s spouse is established by a birth certificate issued by a civil authority.

• (2) Where a birth certificate referred to in subsection (1) cannot be obtained, proof of age of the spouse is established by

  • (a) a statutory declaration of the spouse in which the spouse attests to the spouse’s date of birth and explains the reasons why the birth certificate cannot be obtained; and

  • (b) a document that was created

    • (i) within five years after the date of birth of the spouse and that indicates the name of the spouse and the date of birth or age of the spouse, or

    • (ii) at least 20 years before the day on which the election is made and that indicates the name of the spouse and the date of birth of the spouse, which document is accompanied by a statutory declaration by which a person, other than the officer or the spouse, attests that the date stated in the document is the correct date of birth of the spouse.

• (3) Where a document or statutory declaration referred to in paragraph (2)(b) is to be submitted but cannot be obtained, the statutory declaration referred to in paragraph (2)(a) shall set out the reasons why the document or statutory declaration cannot be obtained.

• 15 (1) Subject to subsection (2), proof of the marriage between the officer and the spouse is established by a marriage certificate issued by a civil authority.

• (2) Where a marriage certificate referred to in subsection (1) cannot be obtained, proof of the marriage between the officer and the spouse is established by

  • (a) a statutory declaration by which the officer or the spouse attests to the date of the marriage and explains the reasons why the marriage certificate cannot be obtained; and

  • (b) a document that is similar to a marriage certificate and is issued in relation to the marriage ceremony, or a statutory declaration by a person who attended the marriage ceremony, other than the officer or the spouse, attesting to the person’s knowledge of the marriage.

Non-compliance with Requirements to Submit Evidence

16 An election is considered not to have been made where any document or statutory declaration that is required by any of sections 13 to 15 is not submitted within one year after the day on which the election is made.

Calculation of the Reduction

17 The amount of the reduction of the monthly instalment of the pension of an officer who makes an election is equal to the amount determined as follows:

• (a) calculate the actuarial present value of the pension to which the officer is entitled under Part II of the Act immediately before the election, and the supplementary benefits payable in respect thereof under the Supplementary Retirement Benefits Act;

• (b) convert the amount determined in accordance with paragraph (a) into a joint and survivor pension benefit that consists of

  • (i) a pension that is payable, during the life of the officer, by monthly instalments beginning on the first day of the month after the month in which the election is made, and that is determined taking into account the supplementary benefits payable of the Supplementary Retirement Benefits Act, as if the pension were a pension payable under Part II of the Act, and

  • (ii) a pension that is payable during the life of the surviving spouse, by monthly instalments beginning on the first day of the month after the month in which the officer died and that is equal to 30, 40 or 50 per cent, in accordance with the election made by the officer, of the pension determined in accordance with subparagraph (i), and that is determined taking into account the supplementary benefits payable under the Supplementary Retirement Benefits Act, as if the pension were a pension payable under Part II of the Act; and

• (c) subtract the first monthly instalment of the pension referred to in subparagraph (b)(i) from the first monthly instalment of the pension referred to in paragraph (a), and adjust the amount obtained to take into account

  • (i) that the reduction is effective during the lesser of

    • (A) the period of the life of the officer,

    • (B) the period of the life of the spouse, and

    • (C) the duration of the marriage,

  • (ii) that the reduction becomes effective in the month referred to in subsection 22(1) or (2), as the case may be, and

  • (iii) that the increase in the reduction under section 18 will apply to the reduction in each year referred to in that section.