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

Act current to 2016-11-21 and last amended on 2015-06-23. Previous Versions

Election to Continue or Come Under Act

Marginal note:Continuing under Act
  •  (1) A member of the House of Commons in the thirty-fifth Parliament who is contributing under subsection 9(1) or (2), 11(1), 12(2), 31(1), (2) or (3), 33(1) or (2) or 34(2) or section 47 on the coming into force of this section may, within sixty days after the day on which this section comes into force, elect in accordance with subsection 56(2) to continue to contribute under all those provisions under which the member is contributing at the time of the election.

  • Marginal note:Coming under Act

    (2) A person who, after the coming into force of this section, becomes a member of the House of Commons in the thirty-fifth Parliament may, within sixty days after the first day on which that House is sitting after that person becomes a member, elect in accordance with subsection 56(2) to contribute, from the day on which the person becomes a member, under such of subsections 9(1) and (2), 12(2), 31(1), (2) and (3) and 34(2) and section 47 as are otherwise applicable to the person.

  • Marginal note:Exception

    (3) Subsection (2) does not apply to a person who was entitled to make an election under subsection (1) and did not do so.

  • Marginal note:Irrevocable

    (4) An election under this section is irrevocable.

  • Marginal note:Deemed election

    (5) For the purposes of this Act,

    • (a) a member who, being entitled to make an election under subsection (1), dies before doing so is deemed to have elected immediately before the death to continue to contribute under all those provisions under which the member was contributing at that time; and

    • (b) a person who, being entitled to make an election under subsection (2), dies before doing so is deemed to have elected immediately before the death to contribute under such of the provisions of this Act as would otherwise be applicable to the person.

  • 1995, c. 30, s. 2.
Marginal note:Application of Act to members making election

 This Act continues to apply to a member who makes an election under section 2.1.

  • 1995, c. 30, s. 2.
Marginal note:Application of Act to members not making election
  •  (1) Subject to this section and sections 2.4 and 2.5, this Act ceases to apply to a member who, being entitled to make an election under section 2.1, does not do so.

  • Marginal note:Withdrawal allowance

    (2) There shall be paid to a member referred to in subsection (1) a withdrawal allowance, in a lump sum, equal to the aggregate of

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

    • (b) the interest on those contributions that the member has paid under section 11 or paragraph 33(1)(c) or (2)(d) of this Act or under section 23 of the former Act.

  • Marginal note:Reduction

    (3) The withdrawal allowance payable to a member who was a member for six or more years before October 25, 1993 shall be reduced by the amount of the contributions, and the interest thereon, that the member has paid in respect of pensionable service as a member before that date.

  • Marginal note:Interest

    (4) Interest shall be paid on the amount of the withdrawal allowance and shall be calculated in accordance with subsection 63(2) as if a reference to paragraphs (2)(a) and (b) were included in paragraph 63(2)(a) and as if the references in that subsection to “the year in which the person ceased to be a member” were references to “the year in which the allowance became payable”.

  • 1995, c. 30, s. 2.
Marginal note:Application of Act to members not making election who become members again
  •  (1) This Act recommences to apply to a member referred to in subsection 2.3(1) who ceases to be a member and subsequently becomes a member in the thirty-sixth or any subsequent Parliament.

  • (2) [Repealed, 1998, c. 23, s. 9]

  • 1995, c. 30, s. 2;
  • 1998, c. 23, s. 9.
Marginal note:Application of Act to members not making election who were vested
  •  (1) Section 11, subsection 12(3), sections 13, 16, 17, 19 to 26, 33, 35 to 37, 39 to 46 and 48 to 55, subsection 56(2) and sections 57 to 63 of this Act and section 23 of the former Act continue to apply, with such modifications as the circumstances require, to a member referred to in subsection 2.3(1) who was a member for six or more years before October 25, 1993.

  • Marginal note:Presumption

    (2) For the purposes of applying the provisions referred to in subsection (1), the member is deemed to have received no sessional indemnity for any period after October 24, 1993.

  • 1995, c. 30, s. 2.
Marginal note:Election to come under Act
  •  (1) A member of the House of Commons who was entitled to make an election under section 2.1 and who did not do so may, within 90 days after the day this section comes into force, elect in accordance with subsection 56(2) to have this Act recommence to apply to the member.

  • Marginal note:Application

    (2) Subsection (1) applies only in respect of members of the House of Commons who serve continuously in that capacity from the day this section comes into force until the day they make their election.

  • Marginal note:Irrevocable

    (3) An election under subsection (1) is irrevocable.

  • Marginal note:Application of Act deemed to be continuous

    (4) This Act is deemed to apply to a member of the House of Commons who makes an election under subsection (1) as if it had always applied to the member.

  • Marginal note:Repayment of withdrawal allowance and payment of contributions

    (5) A member of the House of Commons who makes an election under subsection (1) shall, within 90 days after making the election, pay into the Consolidated Revenue Fund, in a lump sum, an amount equal to

    • (a) the withdrawal allowance paid to the member under subsection 2.3(2);

    • (b) any interest on the withdrawal allowance paid to the member under subsection 2.3(4); and

    • (c) the contributions that the member would have made had the Act not ceased to apply to the member.

  • Marginal note:Crediting to accounts

    (6) The amount paid under subsection (5) shall be credited to the Retiring Allowances Account and the Compensation Arrangements Account in the appropriate amounts.

  • Marginal note:Deemed contributions

    (7) The portion of the amount paid under subsection (5) in respect of the withdrawal allowance mentioned in paragraph (5)(a) and the contributions mentioned in paragraph (5)(c) are for all purposes deemed to be contributions made by the member.

  • Marginal note:Non-payment cancels election

    (8) An election under subsection (1) is deemed not to have been made if the amount required to be paid under subsection (5) is not paid in the time provided, but subsection 57(2) applies if the member who made the election dies before the time expires.

  • 1998, c. 23, s. 10.

Contribution Rates

Marginal note:Obligation to fix rates
  •  (1) The Chief Actuary shall fix contribution rates for the purpose of the provisions of this Act that require contributions to be made at the applicable contribution rate.

  • Marginal note:No distinguishing based on House membership

    (2) The Chief Actuary shall not distinguish between members of the Senate and members of the House of Commons when fixing contribution rates for the purpose of any provision of this Act.

  • (3) [Repealed, 2015, c. 36, s. 94]

  • Marginal note:Contribution rate for purpose of paragraph 31.1(1)(a) — 2013 to 2015

    (4) Despite subsection (1), but subject to subsection (9), the applicable contribution rate for the purpose of paragraph 31.1(1)(a) for the calendar years 2013 to 2015 is 4%.

  • Marginal note:Contribution rates for purpose of paragraph 31.1(1)(b) — 2013 to 2015

    (5) Despite subsection (1), the applicable contribution rates for the purpose of paragraph 31.1(1)(b) for the calendar years 2013 to 2015 are

    • (a) for 2013, 4%;

    • (b) for 2014, 5%; and

    • (c) for 2015, 6%.

  • Marginal note:Contribution rates for purpose of paragraphs 31.1(1)(c) and (2)(a) and (b) — 2013 to 2015

    (6) Despite subsection (1), but subject to subsections (7) to (9), the applicable contribution rates for the purpose of paragraphs 31.1(1)(c) and (2)(a) and (b) for the calendar years 2013 to 2015 are

    • (a) for 2013, 8%;

    • (b) for 2014, 9%; and

    • (c) for 2015, 10%.

  • Marginal note:Contribution rate for certain members — 2013 to 2015

    (7) Despite subsection (1), the applicable contribution rate for the purpose of paragraph 31.1(1)(c) for the calendar years 2013 to 2015 for members who are required to contribute under subsection 12(2) is 4% in respect of the portion of salary or annual allowance that is payable to them that exceeds their earnings limit for the calendar year.

  • Marginal note:Contribution rates for certain members — 2013 to 2015

    (8) Despite subsection (1), the applicable contribution rates for the purpose of paragraph 31.1(1)(c) for the calendar years 2013 to 2015, in respect of salary or annual allowance, for members who are required to contribute under subsection 12(2) are

    • (a) for 2013, 4%;

    • (b) for 2014, 5%; and

    • (c) for 2015, 6%.

  • Marginal note:Contribution rate for certain members — 2013 to 2015

    (9) Despite subsection (1), the applicable contribution rate for the purpose of paragraphs 31.1(1)(a) and (2)(a) for the calendar years 2013 to 2015 for members who are required to contribute under subsection 12(2) and members who would be required to contribute under subsection 12(2) if they were under 71 years of age is 1%.

  • Marginal note:Publication of rates

    (10) The Minister shall cause to be published in the Canada Gazette the contribution rates fixed under subsection (1) as soon as feasible after they are fixed.

  • 2012, c. 22, s. 3;
  • 2015, c. 36, s. 94.
 
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