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

17.6 In respect of a contributor who has been a part-time member or a part-time employee during the contributor’s period of pensionable service, paragraph 14(b) of the Act is adapted as follows:

• (b) if a contributor was a part-time member or a part-time employee during the contributor’s period of pensionable service, the aggregate of amounts calculated in accordance with the following formula for each segment of the period during which the value for variable “C” changes

  1/12 x A x B x C/D

  where

  A

  is the number of years of the segment,

  B

  is

  • (i) if the contributor was a full-time member at the time of the contributor’s death, 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 determined in accordance with subsection 17.3(2) of the Royal Canadian Mounted Police Superannuation Regulations,

  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 during the segment, and

  D

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

Payments to Children

• 18 (1) [Repealed, SOR/2013-125, s. 28]

• (2) Where a child is born to a person at a time when that person was over 60 years of age, unless after that time that person becomes or continues to be a contributor, the child is not entitled to an annual allowance under the Act unless it appears to the Minister that the child was born following a gestation period commencing prior to the day on which the contributor attained the age of 60 years or ceased to be a member of the Force.

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

• 19 (1) For the purposes of subsection 13(4) of the Act, full-time attendance at a school or university means full-time attendance at a school, college, university or other educational institution that provides training or instruction of an educational, professional, vocational or technical nature and a child shall be deemed to be or to have been in full-time attendance at a school or university substantially without interruption

  • (a) during an absence by reason of a scholastic vacation

    • (i) if immediately after such vacation the child begins or resumes full-time attendance at a school or university in the next ensuing academic year,

    • (ii) where it is determined by the Commissioner that the child cannot comply with subparagraph (i) by reason of illness or any other cause that the Commissioner considers reasonable, if the child begins or resumes full-time attendance at a school or university, at any time during the academic year immediately following the scholastic vacation, or

    • (iii) where it is determined by the Commissioner that the child cannot comply with subparagraph (ii), if the child begins or resumes such full-time attendance in the academic year following the year mentioned in subparagraph (i); and

  • (b) during an absence occurring in an academic year by reason of illness or any other cause that the Commissioner considers reasonable, if immediately after such absence the child begins or resumes full-time attendance at a school or university in that academic year or where it is determined by the Commissioner that the child is unable to do so, if the child begins or resumes such full-time attendance in the next ensuing academic year.

• (2) Where a child’s absence by reason of illness commences after the child has begun an academic year and it is determined by the Commissioner, on evidence satisfactory to him or her, that by reason of such illness it is not possible for the child to resume full-time attendance at a school or university, that child shall, notwithstanding paragraph (1)(b) be deemed to have been in full-time attendance substantially without interruption at a school or university until the end of that academic year.

• (3) Where the death of a child occurred while the child was absent from school or university by reason of illness or any other cause that the Commissioner considers reasonable, that child shall, notwithstanding subsection (1), be deemed to have been in full-time attendance substantially without interruption at a school or university

  • (a) until their death, where it occurred during the academic year in which their absence commenced; or

  • (b) until the end of the academic year in which their absence commenced, where their death occurred after that academic year.

• (4) Where a child ceases to be a child as defined in subsection 13(4) of the Act, while the child is absent

  • (a) during an academic year by reason of illness or any other cause that the Commissioner considers reasonable, or

  • (b) during a scholastic vacation,

  that child shall, notwithstanding subsection (1), be deemed to have been in full-time attendance at a school or university substantially without interruption until the child ceased to be a child if, immediately after such absence,

  • (c) in the case of an absence referred to in paragraph (a), the child begins or resumes such full-time attendance at a school or university in that academic year or where it is determined by the Commissioner that that child is unable to do so, the child begins or resumes such full-time attendance in the next ensuing academic year; or

  • (d) in the case of an absence referred to in paragraph (b), the child begins or resumes such full-time attendance at a school or university in the next ensuing academic year.

Declaration of Enrolment or Attendance at a School or University

• 20 (1) There shall be submitted to the Commissioner in support of each claim that a child of 18 or more years of age

  • (a) is or has been enrolled in a course requiring full-time attendance substantially without interruption at a school or university, a declaration in a form satisfactory to the Commissioner and signed by a responsible officer of that school or university, certifying as to such enrolment; and

  • (b) is or has been for a period of time, in full-time attendance at a school or university substantially without interruption, a declaration of such attendance in a form satisfactory to the Commissioner and signed by such child.

• (2) [Repealed, SOR/2012-124, s. 12]

Limit on Child’s Entitlement

20.1 Notwithstanding subsection 13(4) of the Act, the child of a contributor who dies after October 30, 1998 is not entitled to an annual allowance under section 13 of the Act unless, at the time of the contributor’s death, the child was dependent on the contributor for support.

Limit on Survivors’ and Children’s Benefits

• 20.2 (1) The monthly amount payable to a survivor or child of a deceased contributor under section 13 of the Act in respect of pensionable service occurring after December 31, 1991 shall be reduced so that the aggregate of that amount and the benefits payable under Part III of the Act in respect of that amount does not exceed the maximum monthly amount of retirement benefits that may be paid to the beneficiary of a member, determined under paragraphs 8503(2)(d) to (f) of the Income Tax Regulations.

• (2) The aggregate of monthly amounts payable to the survivor and children of a deceased contributor under section 13 of the Act in respect of pensionable service occurring after December 31, 1991 shall be reduced so that the aggregate of those amounts and the benefits payable under Part III of the Act in respect of those amounts does not exceed the maximum monthly amount of retirement benefits that may be paid to the beneficiaries of a member, determined under paragraph 8503(2)(d) or (e) of the Income Tax Regulations.

• (3) The limits set out in subsections (1) and (2) apply to the monthly amounts payable in respect of a contributor who is required to contribute to the Royal Canadian Mounted Police Pension Fund on or after December 15, 1994 and who dies after February 7, 2002.

Actuarial Equivalent

21 For the purposes of paragraph 12(2)(b) of the Act, the actuarial equivalent of any deferred annuity shall be determined in accordance with Schedule I.

Payments Otherwise than by Monthly Instalments

22 The Minister may direct that an annuity or annual allowance be paid to a contributor or recipient in arrears annually or in arrears in equal instalments quarterly or semi-annually, where the aggregate amount of the payment is not greater than the aggregate amount of equal monthly instalments otherwise payable in accordance with subsection 9(2) of the Act and

• (a) the contributor or recipient requests the annuity or annual allowance to be paid otherwise than in equal monthly instalments; or

• (b) the payment of the annuity or annual allowance in equal monthly instalments is not practicable for administrative reasons.

23 [Repealed, SOR/2015-250, s. 4]

Evidence Required to Satisfy the Minister Under Paragraph 10(2)(b) of the Act

• 24 (1) The evidence required to satisfy the Minister that a contributor has not become entitled to a disability pension described in paragraph 10(2)(b) of the Act shall be

  • (a) a document signed by the contributor stating that the contributor has not become entitled to a disability pension payable under paragraph 44(1)(b) of the Canada Pension Plan or a similar provision of the Quebec Pension Plan; and

  • (b) a certificate signed by or on behalf of the Minister charged with the administration of the Canada Pension Plan or the President of the Quebec Pension Board, whichever is appropriate, certifying that the contributor named therein has not become entitled to a disability pension payable under paragraph 44(1)(b) of the Canada Pension Plan or a similar provision of the Quebec Pension Plan.

• (2) A contributor shall provide the evidence referred to in paragraph (1)(a) before the day on which the contributor becomes entitled to an annuity under the Act.

• (3) and (4) [Repealed, SOR/2013-125, s. 32]

Persons Convicted of Indictable Offences

25 In the case of a person who is convicted after retirement from the Force of an indictable offence committed while the person was a member of the Force any annuity, annual allowance or pension payable under Part I of the Act or Part V of the former Act to or in respect of the person may be reduced by the Treasury Board if, in its opinion, the commission of the offence constituted misconduct in the performance of the person’s duties as a member of the Force.

Retirement Age

26 For the purpose of calculating benefit entitlements under Part I of the Act, the retirement age of a contributor who holds a rank in the Force is 60 years except that for a contributor who holds a rank in the Force other than that of officer and who was a contributor at any time after February 25, 1987 and before June 30, 1988, the retirement age

• (a) for a corps sergeant-major, staff sergeant-major, sergeant-major or staff sergeant is 58 years;

• (b) for a sergeant is 57 years; and

• (c) for a corporal, constable or special constable is 56 years.

Medical Examination

Election Under Clause 6(b)(ii)(L), (N), (O) or (P) of the Act

• 26.1 (1) A contributor who makes an election referred to in clause 6(b)(ii)(L) of the Act shall undergo a medical examination referred to in paragraph 8(2)(b) of the Act only if the contributor makes the election more than one year after the day on which subsection 9.09(2) comes into force or the day on which the contributor most recently became a contributor, if the contributor most recently became a contributor after the day on which that subsection comes into force, and the contributor opts to pay by instalments.

• (2) A contributor who makes an election referred to in clause 6(b)(ii)(N) of the Act under clause 6(b)(ii)(J) of the Act shall undergo a medical examination referred to in paragraph 8(2)(b) of the Act only if the contributor opts to pay by instalments.

• (3) A contributor who makes an election referred to in clause 6(b)(ii)(O) or (P) of the Act more than one year after the day on which subsection 9.09(2) comes into force or the day on which the contributor most recently became a contributor, if the contributor most recently became a contributor after the day on which that subsection comes into force, and who opts to pay by instalments shall undergo a medical examination.

Examination referred to in paragraphs 8(2)(b) or (b.1) of the Act or subsection 26.1(3)

• 26.2 (1) A contributor must undergo the medical examination referred to in paragraph 8(2)(b) or (b.1) of the Act or in subsection 26.1(3) of these Regulations within six months before or after the day on which the election is made.

• (2) If, through no fault on the part of the contributor, the contributor is unable to undergo the medical examination before the end of that period, the period shall be extended by six months.

• (3) The medical examination shall be performed by any physician who is authorized to practise medicine in the jurisdiction in which the examination is performed.

• (4) The contributor shall have passed the medical examination if the physician certifies in writing that the contributor has a life expectancy of at least five years.

• (5) A contributor to whom any one of subsections 26.1(1) to (3) applies and who does not pass the medical examination must pay the amount to be paid for the period of service for which the election was made within 30 days after the date of the notice informing them of the amount.

• (6) If the contributor pays the amount to be paid in full within that time limit, the period of service in respect of which the election was made shall be counted as pensionable service.

• (7) If the contributor does not pay the amount to be paid in full within that time limit, the period of service in respect of which the election was made shall be counted as pensionable service, beginning with the part that is most recent in point of time, in the same proportion as the amount paid bears to the amount to be paid.

• (8) If the period of service in respect of which the election was made that is not counted in whole as pensionable service includes periods of full-time service and periods of part-time service, each of those periods shall be counted as pensionable service, beginning with the part that is most recent in point of time, in the same proportion as the amount paid bears to the amount to be paid.

Disability

• 27 (1) [Repealed, SOR/2012-124, s. 14]

• (2) A contributor who has not reached 60 years of age but who has become entitled under subsection 12(1) of the Act to an immediate annuity, in respect of a disability previously incurred by the contributor, shall undergo medical examinations, until the contributor reaches 60 years of age, at such times and at such places as the Commissioner may determine.

• (3) A report in accordance with such form as is prescribed by the Commissioner concerning each medical examination undergone by a contributor under this section shall be made to the Commissioner as soon as practicable after the conclusion of the examination.

28 [Repealed, SOR/2013-125, s. 34]

29 [Repealed, SOR/2013-125, s. 34]

Annual Report

29.1 Beginning with the fiscal year ending March 31, 2002, the annual report referred to in section 31 of the Act shall include the financial statements of the pension plan provided by the Act, prepared in accordance with the federal government’s stated accounting policies for the pension plan, which are based on generally accepted accounting principles.