Members of Parliament Retiring Allowances Act (R.S.C., 1985, c. M-5)
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Act current to 2012-05-02 and last amended on 2012-01-01. Previous Versions
Members of Parliament Retiring Allowances Act
R.S.C., 1985, c. M-5
An Act to provide retiring allowances on a contributory basis to persons who have served as Members of Parliament
SHORT TITLE
Marginal note:Short title
1. This Act may be cited as the Members of Parliament Retiring Allowances Act.
- R.S., c. M-10, s. 1.
INTERPRETATION
Marginal note:Definitions
2. (1) In Parts I to V,
“annual allowance”
« indemnité annuelle »
“annual allowance” means an annual allowance payable to a member pursuant to section 62 or 62.3 of the Parliament of Canada Act or payable to a member pursuant to an appropriation Act as Deputy Chairman or Assistant Deputy Chairman of a committee;
“average annual sessional indemnity”
« moyenne annuelle de l’indemnité de session »
“average annual sessional indemnity”, with respect to any member, means the average annual sessional indemnity received as a member during any five year period of pensionable service selected by or on behalf of the member, or during any period so selected consisting of consecutive periods of pensionable service totalling five years;
“child”
« enfant »
“child” means a child or stepchild of — or an individual adopted either legally or in fact by — a member or former member who
(a) is less than eighteen years of age, or
(b) is eighteen years of age or older but less than twenty-five years of age, and is in full-time attendance at a school or university within the meaning provided for that expression by the regulations, having been in such attendance substantially without interruption since the child reached eighteen years of age or the member or former member died, whichever occurred later;
“Compensation Arrangements Account”
« compte de convention »
“Compensation Arrangements Account” means the Members of Parliament Retirement Compensation Arrangements Account established by section 27;
“defined benefit limit”
« plafond des prestations déterminées »
“defined benefit limit” means
(a) in respect of a calendar year before 1995, $1,722.22, and
(b) in respect of the 1995 calendar year and any subsequent calendar year, the amount prescribed;
“earnings limit”
« gains maximums »
“earnings limit”, in relation to a member in respect of one or more sessions in any calendar year, means the amount in respect of which benefits may be accrued during that calendar year for the purposes of a registered pension plan within the meaning of the Income Tax Act, determined by dividing the defined benefit limit in respect of that calendar year by 0.02;
“former Act”
« version antérieure »
“former Act” means this Act as it read on December 31, 1991;
- “joint and survivor benefit”
“joint and survivor benefit”[Repealed, 2000, c. 12, s. 176]
“member”
« parlementaire »
“member” means a member of the Senate or House of Commons;
“Minister”
« ministre »
“Minister” means the President of the Treasury Board;
“prescribed”
Version anglaise seulement“prescribed” means prescribed by regulation;
“Retiring Allowances Account”
« compte d’allocations »
“Retiring Allowances Account” means the Members of Parliament Retiring Allowances Account continued by section 3;
“salary”
« traitement »
“salary” means a salary payable to a member pursuant to section 4 or 4.1 of the Salaries Act or section 60, 61, 62.1 or 62.2 of the Parliament of Canada Act, or payable to a member pursuant to an appropriation Act as a minister of state or a minister without portfolio;
“session”
« session »
“session” means a session of Parliament;
“sessional indemnity”
« indemnité de session »
“sessional indemnity” means
(a) in relation to a period before October 8, 1970, the allowances payable to a member under section 55 and subsection 63(3) of the Parliament of Canada Act, as that subsection read immediately before the coming into force of this paragraph,
(b) in relation to a period after October 7, 1970 and before July 8, 1974,
(i) in the case of a member of the Senate, five sixths of the allowance payable to the member under section 55 of the Parliament of Canada Act, and
(ii) in the case of a member of the House of Commons, the allowance payable to the member under section 55 of the Parliament of Canada Act, and
(c) in relation to a period after July 7, 1974, the allowance payable to a member under section 55 or 55.1 of the Parliament of Canada Act;
“survivor”
« survivant »
“survivor”, in relation to a member or former member, means
(a) a person who was married
(i) in the case of a member or former member, to the member or former member immediately before his or her death, and
(ii) in the case of a former member, to the former member immediately before the time when he or she ceased to be a member, or
(b) a person who establishes that the person was cohabiting in a relationship of a conjugal nature
(i) in the case of a member or former member, with the member or former member for at least one year immediately before his or her death, and
(ii) in the case of a former member, with the former member before he or she ceased to be a member.
Marginal note:Calculation of average annual sessional indemnity
(2) For the purposes of calculating the average annual sessional indemnity of a member, any period during which the member is, by virtue of paragraph 12(1)(b) or (c) or 34(1)(b), prohibited from contributing in respect of the sessional indemnity payable to the member is deemed to be a period of pensionable service to the credit of that member.
Marginal note:Application of Parts I to V to members of Senate
(3) For the purposes of Parts I to V, except section 58, a “member of the Senate” or a “Senator” means a person who was summoned to the Senate after June 1, 1965.
Marginal note:Ceasing to be member
(4) For the purposes of this Act,
(a) a person does not cease to be a member of the House of Commons by reason only of a dissolution of the House of Commons; and
(b) a person who, immediately before a dissolution of the House of Commons, was a member of that House ceases to be a member on the day on which the general election next following the dissolution is held, unless that person is
(i) summoned to the Senate before that general election, or
(ii) elected as a member at that general election.
Marginal note:When allowances payable
(5) For greater certainty, every allowance, other than a withdrawal allowance, payable to a person under this Act is an annuity that begins to be payable to the person immediately on that person becoming entitled to the allowance.
- R.S., 1985, c. M-5, s. 2;
- 1992, c. 46, s. 81;
- 1995, c. 30, s. 1;
- 1999, c. 34, s. 224;
- 2000, c. 12, s. 176;
- 2001, c. 20, s. 14;
- 2005, c. 16, s. 14.