Members of Parliament Retiring Allowances Act (R.S.C., 1985, c. M-5)

Marginal note:Withdrawal allowance

18. There shall be paid to a person who ceases to be a member but who has not contributed or elected to contribute under this Part or Parts I, III and IV of the former Act as a member for at least six years a withdrawal allowance, in a lump sum, equal to the aggregate of

• (a) the total amount of the contributions that the person has paid under this Part and Parts I, III and IV of the former Act, and

• (b) the interest on those contributions that the person has paid under section 11 or under section 23 of the former Act.

Marginal note:Withdrawal allowance where member expelled

19. There shall be paid to a person who ceases to be a Senator by reason of disqualification or who is expelled from the House of Commons a withdrawal allowance, in a lump sum, equal to the aggregate of

• (a) the total amount of the contributions that the person has paid under this Part and Parts I, III and IV of the former Act, and

• (b) the interest on those contributions that the person has paid under section 11 or under section 23 of the former Act.

19.1 [Repealed, 1998, c. 23, s. 12]

Marginal note:Survivor benefits

• 20. (1) On the death of a member or former member, there shall be paid

  • (a) to the survivor, an allowance equal to three fifths of the basic retirement allowance, but, if two survivors are entitled to an allowance under this paragraph, the total amount of the allowances shall not exceed three fifths of the basic retirement allowance and that total amount shall be apportioned in accordance with subsection (1.1); and

  • (b) to each child, an allowance equal to one tenth of the basic retirement allowance or, if the member or former member died leaving no one entitled to an allowance under paragraph (a), two tenths of the basic retirement allowance, but the total amount of the allowances shall not exceed three tenths of the basic retirement allowance or, if the member or former member died leaving no one entitled to an allowance under paragraph (a), eight tenths of the basic retirement allowance.

• Marginal note:Apportionment

  (1.1) For the purposes of paragraph (1)(a), the total amount shall be apportioned so that

  • (a) the survivor referred to in paragraph (a) of the definition “survivor” in subsection 2(1) receives an amount, if any, equal to the total amount less any amount determined under paragraph (b); and

  • (b) the survivor referred to in paragraph (b) of that definition receives an amount equal to that proportion of the total amount that the number of years that survivor cohabited with the member or former member while a member is of the number of years that the member or former member was a member.

• Marginal note:Years

  (1.2) In determining a number of years for the purposes of subsection (1.1), part of a year shall be counted as a full year if the part is six or more months and shall be ignored if it is less.

• Marginal note:Definition of “basic retirement allowance”

  (2) In this section, “basic retirement allowance” means

  • (a) in the case of a former member, the aggregate of all the retirement allowances and additional retirement allowances that the former member was receiving under this Part at the time of death or would have been entitled to receive under this Part if the former member had reached sixty years of age immediately before death; and

  • (b) in the case of a member, the aggregate of all the retirement allowances and additional retirement allowances that the member would have been entitled to receive under this Part if the member had ceased to be a member and had reached sixty years of age immediately before death.