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

Marginal note:Commencement of allowances

• 37.1 (1) Notwithstanding sections 36 and 37, the allowances otherwise payable to a person under those sections in respect of pensionable service calculated by reference to contributions made on or after the day on which this section comes into force, otherwise than pursuant to an election made before that day, are not payable until the earlier of

  • (a) the day on which the person reaches fifty-five years of age, and

  • (b) the day on which the person, after ceasing to be a member, becomes entitled to receive a disability pension under the Canada Pension Plan or a provincial pension plan similar thereto.

• Marginal note:Exception

  (2) Subsection (1) does not apply to a person who, on ceasing to be a member, is entitled to receive a disability pension under the Canada Pension Plan or a provincial pension plan similar thereto.

Marginal note:Withdrawal allowance

38. 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 paragraph 33(1)(c) or (2)(d).

Marginal note:Withdrawal allowance where member expelled

39. 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 paragraph 33(1)(c) or (2)(d).

39.1 [Repealed, 1998, c. 23, s. 14]

Marginal note:Survivor benefits

• 40. (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 compensation allowance, but, if more than one survivor is entitled to an allowance under this paragraph, the total amount of the allowances shall not exceed three fifths of the basic compensation 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 compensation allowance or, if the member or former member died leaving no one entitled to an allowance under paragraph (a), two tenths of the basic compensation allowance, but the total amount of the allowances shall not exceed three tenths of the basic compensation allowance or, if the member or former member died leaving no one entitled to an allowance under paragraph (a), eight tenths of the basic compensation 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), a 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 compensation allowance”

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

  • (a) in the case of a former member, the aggregate of all the compensation allowances and additional compensation allowances that the former member was receiving under this Part at the time of death, calculated as 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 compensation allowances and additional compensation 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.