Members of Parliament Retiring Allowances Act (R.S.C., 1985, c. M-5)
Full Document:
Act current to 2012-05-02 and last amended on 2012-01-01. Previous Versions
PART V
GENERAL
Marginal note:Right to elect for part of session
56. (1) A member who is entitled under section 10 or 32 to elect to contribute in respect of one or more sessions is entitled to elect to contribute in respect of a part thereof if that part is the most recent in time.
Marginal note:Form and date of election
(2) An election pursuant to any provision of this Act shall be made to the Minister in the form specified by the Minister and shall be deemed to be made on the day on which the form, duly signed by the person making the election, is placed in the course of delivery to the Minister.
Marginal note:Revocation of election
(3) A person may, at any time, revoke an election with respect to the whole or any part of the contributions then owing by that person under Part I or II by giving to the Minister a notice of revocation, in the form specified by the Minister, and thereupon that person
(a) is not required to pay the amounts owing under the provision in respect of which the revocation applies, but interest is payable on those amounts to the day on which the revocation takes place;
(b) shall, for the purpose of computing an allowance or other benefit under Part I or II, be deemed not to have elected to contribute the amount of the contributions in respect of which the revocation applies, and, if the allowance or other benefit has been calculated, it shall be recalculated accordingly and, if it has been paid to the person based on the contributions in respect of which the revocation applies, an amount equal to the difference between that benefit and the recalculated benefit may be recovered from that person, in the prescribed manner, from any allowance or other benefit payable under this Act to that person, without prejudice to any other recourse available to Her Majesty with respect to the recovery thereof; and
(c) may not again at any time elect to make those contributions.
- 1992, c. 46, s. 81;
- 1995, c. 30, s. 18.
Marginal note:Manner of payment
57. (1) Every amount required to be paid by a member pursuant to section 11 or 33 shall be paid at the option of that member
(a) in a lump sum, at the time of the making of the election; or
(b) in instalments, payable on such terms and conditions as are provided for by the regulations and in amounts established using such bases as to mortality and interest as are prescribed.
Marginal note:Recovery of amounts due
(2) If any amount payable by a member or former member under a provision of this Act has become due but remains unpaid at the time of death of the member or former member, that amount, with interest at a rate prescribed from the time when it became due, may be recovered, in the prescribed manner, from any allowance payable under subsection 20(1), 25(3), 40(1), 45(3), 49(1) or 49.1(2) to another person in respect of the member or former member, without prejudice to any other recourse available to Her Majesty with respect to the recovery of that amount, and any amount so recovered is deemed, for the purposes of that provision, to have been paid by the member or former member.
- 1992, c. 46, s. 81;
- 1995, c. 30, s. 19;
- 2000, c. 12, s. 182.
