Royal Canadian Mounted Police Superannuation Regulations

23 (1) The following rules are applicable in respect of any person described in paragraph 26(m) of the Act to whom a pension under Part II or III of the former Act is payable:

• (a) if the contributor becomes or would have become, but for subsection 4(2) of the Act, a contributor under Part I of the Act, whatever right or claim the contributor may have to payment of the original pension shall, in respect of the period of his service during which the contributor continues or would have continued, but for subsection 5(2) of the Act, to be a contributor under Part I of the Act (hereinafter referred to as his “augmenting service”), be suspended, but shall be restored to the contributor upon subsequently ceasing to be a member of the Force;

• (b) the benefit to which, upon subsequently ceasing to be a member of the Force, the contributor shall be deemed to have become entitled under Part I of the Act in respect of his augmenting service is

  • (i) in the case of a contributor whose augmenting service is less than one year or who is retired from the Force by reason of misconduct, a return of contributions, and

  • (ii) in the case of any other contributor, an immediate annuity computed in accordance with subsection 10(1) of the Act, except that in applying that subsection to a contributor whose augmenting service is less than six years, paragraph (b) of that subsection shall be read as follows: “(b) the average annual pay received by the contributor during the period of pensionable service to his credit”; and

• (c) where an annuity or annual allowance to which a recipient is entitled under Part I of the Act in respect of any augmenting service of a person is an annuity or annual allowance the monthly instalments of which would amount to less than $10 each, there may be paid to the recipient upon request by the contributor in writing to the Minister within three months from the time the contributor became so entitled, a lump sum payment equal to the capitalized value of the annuity or annual allowance computed in accordance with the basis set out in the a(f) and a(m) Ultimate Tables together with interest at the rate of four per cent per annum, which lump sum payment shall be in lieu of any other benefit under Part I of the Act in respect of that augmenting service.

(2) Notwithstanding subsection (1), any person described in paragraph 26(m) of the Act to whom a pension under Part II or III of the former Act is payable may, within one year of becoming a contributor under Part I of the Act, elect to surrender the original pension, whereupon the contributor shall be deemed, for the purposes of the Act, to be a person by whom an election under subsection 18(2) of the Royal Canadian Mounted Police Superannuation Act, c. R-11 of the Revised Statutes of Canada, 1970 was made at the time of the surrender of the original pension, in all respects as though the contributor were a person described in subsection 18(2) of the Royal Canadian Mounted Police Superannuation Act, c. R-11 of the Revised Statutes of Canada, 1970, except that if, upon subsequently ceasing to be a member of the Force, the contributor is entitled under Part I of the Act to an annuity or annual allowance the capitalized value of which is less than the capitalized value of the original pension, in lieu of any other benefit under Part I of the Act whatever right or claim that, but for this subsection, the contributor would have had to the original pension upon subsequently ceasing to be a member of the Force shall thereupon be restored to the contributor, and there shall be paid to the contributor an amount equal to his contributions under Part I of the Act made in respect of his augmenting service.

(3) Subsection (1) does not apply to or in respect of any person by whom an election under subsection (2) is made.