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

Act current to 2014-09-01 and last amended on 2014-06-19. 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.