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Royal Canadian Mounted Police Superannuation Act

Version of section 26 from 2002-12-31 to 2009-06-17:


Marginal note:Regulations

 The Governor in Council may make regulations,

  • (a) subject to section 26.1, prescribing anything that, by this Act, is to be prescribed or is to be determined or regulated by regulation;

  • (b) specifying for the purposes of subsection 3(4), the employment as a member of the Force that is excepted employment;

  • (c) prescribing, notwithstanding section 5, the manner in which and the circumstances under which persons who are required to contribute to the Superannuation Account or the Royal Canadian Mounted Police Pension Fund in accordance with those sections but who are or have been, either before or after April 1, 1960, absent from the Force on leave of absence without pay shall contribute to the Superannuation Account or the Royal Canadian Mounted Police Pension Fund in respect of that absence, prescribing the pay that shall be deemed to have been paid to those persons during that absence and respecting the contributions to be made by those persons to the Superannuation Account or the Royal Canadian Mounted Police Pension Fund in respect of that pay;

  • (d) prescribing the circumstances under which and the terms and conditions on which an election under this Part may be revoked by any elector, either in whole or in part, and a new election made thereunder;

  • (e) prescribing the methods by which and the bases on which the amount of any payment contemplated by subsection 8(4) is to be computed and the circumstances under which any such payment, whether made before or after April 1, 1960, may be refunded;

  • (f) prescribing the circumstances under which and the terms and conditions on which an option under this Part may be revoked by any contributor and a new option made thereunder;

  • (g) prescribing the evidence required to satisfy the Minister that a contributor has not become entitled to a disability pension described in paragraph 10(2)(b), the time and manner within which that evidence shall be provided and the form of that evidence;

  • (h) defining, for the purposes of this Act, the expression full-time attendance at a school or university as applied to a child of a contributor;

  • (i) respecting the circumstances under which attendance at a school or university shall be deemed, for the purposes of this Act, to be substantially without interruption;

  • (i.1) prescribing the manner in which an amount referred to in section 19.1 may be recovered from any payment on account of the annual allowance referred to in that section;

  • (i.2) respecting the determination of disability for the purposes of this Part and the conditions on which a cash termination allowance or an immediate annuity shall be paid or continue to be paid, including the initial assessment and subsequent periodic or other assessments of that disability;

  • (j) prescribing, for the purposes of this Part, the methods by which and the bases on which the capitalized value of any annuity shall be computed;

  • (k) prescribing the manner and time of naming beneficiaries under this Part;

  • (l) authorizing a contributor to name his estate as his beneficiary and prescribing classes of persons and organizations from which beneficiaries may be named for the purposes of this Part;

  • (m) prescribing, in the case of any person who, not having been a contributor under this Part or Part V of the former Act, ceased to be a member of the Force and subsequently, either before or after April 1, 1960, is re-appointed to or re-enlisted in the Force, the extent to which and the circumstances under which any pension payable or granted to him under Part II or III of the former Act shall be continued to him, and the extent to which and the terms and conditions on which any service of that person before the time he ceased so to be a member of the Force may be counted by him as pensionable service for the purposes of this Part;

  • (n) respecting the determination, for the purposes of this Part, of the effective date on which a person shall be deemed to have become or to have ceased to be a member of the Force;

  • (o) prescribing, in the case of any person described in subsection 93(4) of the former Act who, not having reached sixty-five years of age, ceased to be a member of the Force either before or after April 1, 1960, the amounts by which and the manner in which any annuity, annual allowance or pension payable under this Part or Part V of the former Act to that person shall be adjusted;

  • (p) providing for the continuation in force of any outstanding direction made by the Treasury Board under section 105 of the former Act, under the circumstances contemplated by that section and subject to modification or suspension as contemplated by that section;

  • (q) providing, notwithstanding anything in this Part, for the reduction by the Treasury Board of any annuity, annual allowance or pension payable under this Part or Part V of the former Act to or in respect of a person who, after his retirement from the Force, is convicted of an indictable offence committed by him while a member of the Force where, in the opinion of the Treasury Board, the commission of the offence by him constituted misconduct in the performance of his duties as a member of the Force;

  • (r) providing for the payment out of the Superannuation Account or the Royal Canadian Mounted Police Pension Fund, on the death of a contributor and on application to the Minister by or on behalf of a person to whom any annual allowance becomes payable under this Part, of the whole or any part of the portion of any estate, legacy, succession or inheritance duties or taxes that are payable by the person that is determined in accordance with the regulations to be attributable to that allowance, and prescribing the amounts by which and the manner in which any such allowance and any amount payable under section 22 in any such case shall be reduced;

  • (s) notwithstanding anything in this Part, providing that on attaining retirement age a contributor shall cease to be a member of the Force unless his continued service therein is authorized in accordance with the regulations, and prescribing the circumstances under which and the terms and conditions on which he may continue to be a member of the Force after he has attained that age; and

  • (t) generally, for carrying into effect the purposes and provisions of this Part.

  • R.S., 1985, c. R-11, s. 26
  • 1989, c. 6, s. 29
  • 1992, c. 46, s. 76
  • 1999, c. 34, s. 193

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