Members of Parliament Retiring Allowances Act

Version of section 17 from 2003-06-19 to 2012-12-31:

Marginal note:Additional retirement allowance on ceasing to be a member on or after January 1, 1992
  •  (1) Subject to section 58, where a person ceases to be a member on or after January 1, 1992, having contributed or elected to contribute under this Part or Part III of the former Act as a member for at least six years and has contributed under this Part in respect of any amount paid by way of salary or annual allowance or under subsection 21(5) or (7) of the former Act, there shall be paid to the person during the lifetime of that person an additional retirement allowance equal to the average annual sessional indemnity of the person multiplied by

    • (a) with respect to each year or portion of a year of pensionable service calculated in accordance with subsections (3) and (5), the number of such years multiplied by 0.05; and

    • (b) subject to subsection (2), with respect to each year or portion of a year of pensionable service calculated in accordance with subsections (4) and (5), the number of such years multiplied by 0.02.

  • Marginal note:Age limitation

    (2) The portion of an additional retirement allowance that is payable to a person under paragraph (1)(b) is not payable unless the person has reached sixty years of age.

  • Marginal note:Calculation of years of pensionable service before January 1, 1992

    (3) For the purposes of paragraph (1)(a), in respect of time spent as a member before January 1, 1992, a person is, on ceasing to be a member, deemed to have one year of pensionable service to the credit of that person for each amount, equal to ten per cent of the sessional indemnity payable to a member of the House of Commons during any calendar year, that the person has contributed or elected to contribute in respect of any amount paid by way of salary or annual allowance during that calendar year.

  • Marginal note:Calculation of years of pensionable service after January 1, 1992

    Footnote *(4) For the purposes of paragraph (1)(b), in respect of time spent as a member

    • (a) on or after January 1, 1992, and before January 1, 2001, or any period of pensionable service in respect of which an election under section 10 has been made during that period, a person is, on ceasing to be a member, deemed to have one year of pensionable service to the credit of that person for each amount, equal to four per cent of the sessional indemnity payable to a member of the House of Commons during any calendar year, that the person has, during that calendar year, contributed pursuant to subsection 9(2) or elected to contribute pursuant to clause 11(1)(a)(i)(B), as it read before the coming into force of this paragraph, or pursuant to clause 11(1)(a.1)(i)(B); and

    • (b) on or after January 1, 2001, or any period of pensionable service in respect of which an election under section 10 has been made on or after that date, a person is, on ceasing to be a member, deemed to have one year of pensionable service to the credit of that person for each amount, equal to four per cent of the sessional indemnity payable to the person as a member of the Senate or the House of Commons, as the case may be, during any calendar year, that the person has, during that calendar year, contributed pursuant to subsection 9(2) or elected to contribute pursuant to subparagraph 11(1)(a)(i).

  • Marginal note:Exception

    (4.1) Subsection (4), as it read immediately before July 12, 2001, applies in respect of a period of pensionable service to a member’s credit pursuant to an election referred to in subsection 36(10).

  • Marginal note:Application of subsection 16(6)

    (5) In the application of subsection (3) or (4), the deeming provision of subsection 16(6) in relation to a portion of a year’s pensionable service shall apply, with such modifications as the circumstances require.

  • R.S., 1985, c. M-5, s. 17;
  • 1992, c. 46, s. 81;
  • 2001, c. 20, s. 19;
  • 2003, c. 16, s. 3.