Royal Canadian Mounted Police Superannuation Regulations (C.R.C., c. 1393)

Election After the Time Prescribed

5.9 In respect of a contributor who makes an election under clause 6(b)(ii)(J) of the Act, and who was a part-time member during the period of service or part of the period of service or on the day of the election, paragraph 7(1)(h) of the Act is adapted as follows:

• (h) in respect of any period referred to in clause 6(b)(ii)(J), if the contributor was a part-time member during the period of service or part of the period of service or on the day of the election and despite anything in this subsection, the amount that the contributor would have been required to pay, together with interest, if the contributor had elected within the time prescribed, calculated in respect of pay determined by the formula

  A x B

  where

  A

  is

  • (i) if the contributor was a full-time member on the day of the election, the pay authorized to be paid to the contributor at that time, or

  • (ii) if the contributor was then a part-time member, the pay that would have been authorized to be paid to the contributor if the contributor had been a full-time member at that time, or, if the contributor was then engaged to work concurrently in more than one position, the pay determined in accordance with section 5.92 of the Royal Canadian Mounted Police Superannuation Regulations, and

  B

  is the aggregate of the amounts determined for each position in which the contributor was engaged during the period of service or part of the period of service by the formula

  C/D

  where

  C

  is the weekly average of the hours of work, determined in accordance with section 5.3 of those Regulations, for which the contributor was engaged, and

  D

  is the normal number of hours of work per week for full-time members; and

Transitional Provision for Part-time Public Service

5.91 The amount to be paid under subsection 7(1) of the Act by the contributor who makes an election under clause 6(b)(ii)(M) of the Act, as enacted by subsection 172(4) of the Public Sector Pension Investment Board Act, being chapter 34 of the Statutes of Canada, 1999, shall be calculated at the rates referred to in subparagraphs 7(1)(e)(i) to (vi) of the Act in respect of pay determined by the formula

Determination of Pay for Multiple Positions

5.92 The pay of a part-time member engaged to work concurrently in more than one position on the most recent occasion on which the member became a contributor, or on the occasion of the day on which the member makes the election referred to in section 5.8 or paragraph 7(1)(h) of the Act as adapted by section 5.9, or on the occasion of the day before the day on which clause 6(b)(ii)(M) of the Act, as enacted by subsection 172(4) of the Public Sector Pension Investment Board Act, being chapter 34 of the Statutes of Canada, 1999, comes into force if the member has made an election under that clause, shall be the aggregate of the amounts determined in respect of each position by the formula

5.93 The contributor shall pay interest, on the amount calculated under section 5.7, 5.8 or 5.91, determined in accordance with subsection 7(2) of the Act.

Canada Pension Plan

6 For the purposes of subsection 3(4) of the Act, employment on or after January 1, 1966 as a member of the Force to whom the Royal Canadian Mounted Police Pension Continuation Act applies is excepted employment for the purposes of the Canada Pension Plan.

Kinds of Pension Benefits

• 7 (1) For the purposes of subsection 5(4) of the Act, the kind of superannuation or pension benefit is one that

  • (a) is granted under the Judges Act; or

  • (b) is payable out of the Consolidated Revenue Fund or out of any account or fund in the Consolidated Revenue Fund, other than the Superannuation Account or the Government Annuities Account, and

    • (i) is related in amount to the period of service that may be counted by the person to whom the superannuation or pension benefit is payable, and

    • (ii) is payable in instalments during the lifetime of the recipient and thereafter if the superannuation or pension plan so provides.

• (2) For the purposes of paragraph 8(2)(a) of the Act, the kind of superannuation or pension benefit therein referred to is one that

  • (a) is provided in whole or in part as a result of contributions made otherwise than by the contributor;

  • (b) is related in amount to the period of service that may be counted by the person to whom the superannuation or pension benefit is payable; and

  • (c) is payable in instalments during the lifetime of the recipient and thereafter if the superannuation or pension plan so provides.

Allowances to Be Included as Pay

• 8 (1) For the purposes of the definition pay in subsection 3(1) of the Act, the allowances by way of compensation or otherwise are

  • (a) the allowances that the person referred to in that subsection was entitled to count for pension purposes under the former Act;

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

  • (c) service pay received by a member of the Force after October 1, 1966, as compensation for long service in the Force;

  • (d) extra pay received by a member of the Force in respect of the performance of flying duties;

  • (e) responsibility allowance received by a special constable in respect of supervisory duties; and

  • (f) instrument pay received by a member of the Force who holds a valid instrument rating certificate.

• (2) Where a member has not received the allowance specified in subsection (1) due to absence on authorized leave with or without pay, the rate of pay for superannuation purposes is not reduced by the equivalent value of the allowances that the member did not receive.

Maximum Salary

8.1 For the purposes of subsection 5(5) of the Act, the annual rate of pay is equal to the amount determined by the following formula and rounded to the next highest multiple of $100:

Election to Pay for a Period of Service

Election Under Paragraph 6(b) of the Act

Terms of Payment and Default

• 9 (1) A contributor who opts to pay by instalments for a period of service referred to in paragraph 6(b) of the Act shall pay by monthly instalments.

• (2) The instalments shall be payable on the first day of each month after the day on which the contributor elects to pay for the period of service until the earlier of

  • (a) the end of the period that is chosen by the contributor, which must be no later than the later of 20 years and the participant’s 65th birthday, and

  • (b) the contributor’s death.

• (3) The instalments shall be payable in equal amounts that shall not be less than $5.00, except the last one, and be calculated using the mortality rates used in the preparation of the actuarial valuation report that was most recently laid before Parliament, in accordance with section 30 of the Act, before the day on which the contributor elects to pay for the period of service or, if that report was laid before Parliament in the month in which that day falls or in the preceding month, of the report that was laid before Parliament immediately before that report, and shall bear interest, compounded annually, at a rate equal to the projected rate of return of the Royal Canadian Mounted Police Pension Fund that was used in the preparation of the report.

• 9.01 (1) A person may, at any time, do one or both of the following:

  • (a) prepay any amount that remains unpaid in respect of an election to pay for a period of service referred to in paragraph 6(b) of the Act;

  • (b) decrease the period of instalments by increasing the amount of the remaining instalments.

• (2) A person who makes a partial prepayment may request that the period of instalments remain the same or be decreased.

• (3) In all cases, the adjustment of the period of instalments and of the remaining instalments shall be made on the first day of the month after the day on which the request is made, in accordance with subsections 9(2) and (3), except that the actuarial valuation report is the one that was most recently laid before Parliament, in accordance with section 30 of the Act, before the day on which the request is made or, if that report was laid before Parliament in the month in which that day falls or in the preceding month, of the report that was laid before Parliament immediately before that report.

• 9.02 (1) A contributor who does not pay an instalment before or on the day on which it is due is in default of payment.

• (2) Notice shall be sent to the contributor as soon as feasible after the default.

• (3) However, if the contributor is on leave of absence without pay or if the contributor has ceased to be a member of the Force and is entitled to an annual allowance or a deferred annuity that has not yet become payable, the notice shall be sent to the contributor as soon as feasible after the day on which the contributor returns to work or the payment of the allowance or annuity begins.

• 9.03 (1) The contributor shall, within 30 days after the day on which the notice of default is sent,

  • (a) pay the arrears, together with interest, in a lump sum; or

  • (b) opt to pay the arrears in monthly instalments over a period that corresponds to the period beginning on the day on which the contributor first defaults on the payment and ending on the day on which the notice is sent.

• (2) Arrears that are paid in a lump sum shall bear interest, compounded annually, beginning on the day of the payment default and ending on the day on which the notice of default is sent, at a rate equal to the projected rate of return of the Royal Canadian Mounted Police Pension Fund that was used in the preparation of the actuarial valuation report that was most recently laid before Parliament, in accordance with section 30 of the Act, before the day on which the notice is sent or, if that report was laid before Parliament in the month in which that day falls or in the preceding month, of the report that was laid before Parliament immediately before that report.

• (3) Arrears that are paid in monthly instalments shall bear interest, compounded annually, beginning on the day of the payment default and ending on the day on which the payment is received by the Commissioner, at a rate equal to the projected rate of return of the Royal Canadian Mounted Police Pension Fund that was used in the preparation of the actuarial valuation report that was most recently laid before Parliament, in accordance with section 30 of the Act, before the day on which the contributor exercises the option or, if that report was laid before Parliament in the month in which that day falls or in the preceding month, of the report that was laid before Parliament immediately before that report.

• (4) The instalments shall begin on the later of

  • (a) the first day of the month after the end of the period that was chosen under paragraph 9(2)(a), and

  • (b) the first day of the month after the day on which the contributor exercises the option.