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

Act current to 2016-01-25 and last amended on 2013-01-01. Previous Versions

Marginal note:Benefit payable in case of disability after retirement
  •  (1) A contributor who, not having reached sixty years of age but having become entitled under this Part to a deferred annuity, or not having reached fifty years of age but having become entitled under this Part to an annual allowance payable on reaching fifty years of age, becomes disabled ceases to be entitled to that deferred annuity or annual allowance and becomes entitled to an immediate annuity.

  • Marginal note:Idem

    (2) Where a contributor who has not reached sixty years of age but who has become entitled under subsection (1) to an immediate annuity is certified, in accordance with the regulations, to have regained his health or to be capable of performing his duties as a member of the Force or any other duties as a member of the Force commensurate with his qualifications, he ceases to be entitled to that immediate annuity and becomes entitled to

    • (a) a deferred annuity, or

    • (b) an annual allowance, payable immediately in the case of a contributor fifty or more years of age, or payable on reaching fifty years of age in the case of a contributor less than fifty years of age, which allowance shall be the actuarial equivalent, determined in prescribed manner, of the deferred annuity referred to in paragraph (a),

    at his option.

  • R.S., c. R-11, s. 11.
Marginal note:Transfer value
  •  (1) Despite any other provision of this Act, except subsection 24.1(6), but subject to the regulations, a contributor who has ceased to be a member of the Force, has served in the Force for a period equal to or greater than the period prescribed by the regulations and is not entitled to an immediate annuity is entitled, in the place of any other benefit under this Act to which the contributor would otherwise be entitled in respect of the pensionable service that the contributor has to their credit, to a transfer value that is payable to the contributor in accordance with subsection (2).

  • Marginal note:Where transferred

    (2) The payment of a transfer value to which a contributor may be entitled under subsection (1) is effected by transferring it to, at the direction of the contributor,

    • (a) a pension plan selected by the contributor that is registered under the Income Tax Act, if that pension plan so permits;

    • (b) a retirement savings plan or fund for the contributor that is of the kind prescribed by the regulations; or

    • (c) a financial institution authorized to sell immediate or deferred life annuities of the kind prescribed by the regulations, for the purchase from that financial institution of such an annuity for the contributor.

  • Marginal note:Election to pay by instalments

    (3) If a contributor who is entitled to a transfer value has elected to pay for a period of pensionable service by means of instalments, the transfer value shall be determined in accordance with the regulations and by reference to the portion of the period of pensionable service that the contributor has paid for at the time prescribed in the regulations.

  • Marginal note:Election

    (4) Once a transfer has been made under subsection (1), a person who is re-appointed or re-enlisted as a member of the Force after the transfer and becomes a contributor may only count as pensionable service the period of service to which the transfer relates if they elect, in accordance with the terms and conditions prescribed by the regulations, to pay the amount prescribed by the regulations at the time and in the manner prescribed by the regulations.

  • 1999, c. 34, s. 179;
  • 2003, c. 26, s. 46.
Marginal note:Return of contributions
  •  (1) Any return of contributions to which a contributor is entitled shall be paid in accordance with section 12.1 in respect of any period of service that is included in the contributor’s pensionable service and in respect of which

    • (a) a payment has been made into the Superannuation Account or the Royal Canadian Mounted Police Pension Fund

      • (i) under an agreement entered into under section 24.1, or

      • (ii) in respect of an election made by a contributor under this Part; and

    • (b) at the time the payment was made, the Pension Benefits Standards Act, 1985 or a substantially similar provincial law required the locking-in of contributions.

  • Marginal note:Deeming

    (2) For the purposes of this section, paragraph (b) of the definition return of contributions in subsection 9(1) is deemed to include a reference to the total payment made under an agreement entered into under section 24.1 or in respect of an election made by a contributor under this Part.

  • 2009, c. 13, s. 6.
Marginal note:Commuted value or transfer value

 If a contributor is entitled to a return of contributions in respect of any period of service for which the contributor has made an election referred to in clause 6(b)(ii)(O), the return of contributions in respect of that period shall be paid in accordance with section 12.1.

  • 2009, c. 13, s. 6.
Marginal note:Benefits payable on death
  •  (1) On the death of a contributor who, at the time of the contributor’s death, was entitled under this Part to an annuity or annual allowance, the survivor and children of the contributor are entitled to the following allowances, computed on the basis of the product obtained by multiplying the average annual pay received by the contributor during the period specified in subparagraph 10(1)(a)(ii), by the number of years of pensionable service to the contributor’s credit, one one-hundredth of the product so obtained being hereinafter referred to as the “basic allowance”:

    • (a) in the case of the survivor, an immediate annual allowance equal to the basic allowance, and

    • (b) in the case of each child, an immediate annual allowance equal to one-fifth of the basic allowance or, if the contributor died without leaving a survivor, the survivor is dead or the survivor is not entitled to receive an allowance under this Part, other than an immediate annual allowance under section 14.1, two-fifths of the basic allowance,

    but the total amount of the allowances paid under paragraph (b) shall not exceed four-fifths of the basic allowance or, if the contributor died without leaving a survivor, the survivor is dead or the survivor is not entitled to receive an allowance under this Part, other than an immediate annual allowance under section 14.1, eight-fifths of the basic allowance.

  • Marginal note:Idem

    (2) Where, in computing the allowances to which the children of a contributor are entitled under subsection (1), it is determined that there are more than four children of the contributor entitled to an allowance, the total amount of the allowances shall be apportioned among the children in such shares as the Minister deems just and proper under the circumstances.

  • Marginal note:Benefits

    (3) On the death of a contributor who was a member of the Force at the time of death, having to his or her credit a period of pensionable service equal to or greater than the period prescribed by the regulations, the survivor and children of the contributor are entitled to the annual allowances to which they would have been entitled under subsection (1) had the contributor, immediately before death, become entitled under this Part to an annuity or annual allowance.

  • Definition of child

    (4) For the purposes of this section, child means a child of the contributor who

    • (a) is less than eighteen years of age; or

    • (b) is eighteen or more years of age but less than twenty-five years of age, and is in full-time attendance at a school or university, having been in such attendance substantially without interruption since the child reached eighteen years of age or the contributor died, whichever occurred later.

  • R.S., 1985, c. R-11, s. 13;
  • 1989, c. 6, s. 25;
  • 1992, c. 46, s. 70;
  • 1999, c. 34, s. 180;
  • 2003, c. 26, s. 59.
Marginal note:Benefits payable on death

 On the death of a contributor who was a member of the Force at the time of death, having to his or her credit a period of pensionable service less than the period prescribed by the regulations, the survivor and children of the contributor, in any case where the contributor died leaving a survivor or a child less than eighteen years of age, are entitled jointly to a death benefit equal to

  • (a) a return of contributions, or

  • (b) an amount equal to one month’s pay for each year of pensionable service to the credit of the contributor, computed on the basis of the rate of pay authorized to be paid to him at the time of his death,

whichever is the greater.

  • R.S., 1985, c. R-11, s. 14;
  • 1999, c. 34, s. 181;
  • 2003, c. 26, s. 60.
Marginal note:Election for benefit
  •  (1) If the person to whom a contributor is married or with whom he or she is cohabiting in a relationship of a conjugal nature, having so cohabited for a period of at least one year, would not be entitled to an immediate annual allowance under any other provision of this Part in the event of the contributor’s death, the contributor may elect, in accordance with the regulations, to reduce the amount of the annuity or annual allowance to which the contributor is entitled in order that the person could become entitled to an immediate annual allowance under subsection (2).

  • Marginal note:Payment

    (2) A person referred to in subsection (1) is entitled to an immediate annual allowance in an amount determined in accordance with the election and the regulations if the contributor dies and the election is not revoked or deemed to have been revoked, and the person was married to the contributor at the time of the contributor’s death, or was cohabiting with the contributor in a relationship of a conjugal nature for a period of at least one year immediately before the contributor’s death.

  • Marginal note:No entitlement

    (3) A person who is entitled to receive an annual allowance under section 18 after the contributor’s death is not entitled to an immediate annual allowance under subsection (2) in respect of that contributor.

  • 1992, c. 46, s. 71;
  • 1999, c. 34, s. 182;
  • 2000, c. 12, s. 288.
 
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