Royal Canadian Mounted Police Superannuation Act (R.S.C., 1985, c. R-11)

Marginal note:Presumption of death

• 21. (1) Where a contributor or a person to whom any benefit has become payable under this Act or the former Act has, either before or after the coming into force of this subsection, disappeared under circumstances that, in the opinion of the Minister, raise beyond a reasonable doubt a presumption that the person is dead, the Minister may determine the date for the purposes of this Act and the former Act on which that person’s death is presumed to have occurred, and thereupon that person is deemed for all purposes of this Act and the former Act to have died on that date.

• Marginal note:Change of date

  (2) If, after the date of a person’s death is determined by the Minister under subsection (1), new information or evidence is received by the Minister that the date of death is different, the Minister may determine a different date of death, in which case the person is deemed for all purposes of this Act and the former Act to have died on that different date.

Marginal note:Minimum benefits

• 22. (1) Where, on the death of a contributor who was not a member of the Force on or after December 20, 1975, there is no person to whom an allowance provided in this Part may be paid, or where the persons to whom such allowance may be paid die or cease to be entitled thereto and no other amount may be paid to them under this Part, any amount by which the amount of a return of contributions exceeds the aggregate of all amounts paid to those persons and to the contributor under this Part or Part V of the former Act shall be paid, as a death benefit, to the estate of the contributor or, if less than one thousand dollars, as the Minister may direct.

• Marginal note:Idem

  (2) Where, on the death of a contributor who was a member of the Force on or after December 20, 1975, there is no person to whom an allowance provided in this Part may be paid, or where the persons to whom such allowance may be paid die or cease to be entitled thereto and no other amount may be paid to them under this Part, an amount equal to the amount by which

  • (a) the greater of

    • (i) the amount of a return of contributions, and

    • (ii) an amount equal to five times the annuity to which the contributor was or would have been at the time of his death entitled determined in accordance with subsection 10(1),

  exceeds

  • (b) the aggregate of all amounts paid to those persons and to the contributor under this Part and Part V of the former Act,

  shall be paid, as a death benefit,

  • (c) if the contributor, pursuant to any regulations made under section 26, named his estate as his beneficiary or named another beneficiary who may be named under those regulations and the beneficiary survives the contributor, to the beneficiary, and

  • (d) in any other case, to the estate of the contributor or, if less than one thousand dollars, as the Minister may direct.