Royal Canadian Mounted Police Superannuation Regulations (C.R.C., c. 1393)

Regulations are current to 2016-04-12 and last amended on 2016-01-01. Previous Versions

Revocation of Option

[SOR/2012-124, s. 10(F)]
  •  (1) The circumstances referred to in subsection 9(5) of the Act under which a contributor may revoke an option that the contributor has exercised under paragraph 11(3)(b) or (9)(b) of the Act, or is deemed under subsection 9(4) of the Act to have exercised, and exercise a new option exist if

    • (a) the contributor received erroneous or misleading information from an authorized advisor who normally gives information about the benefits in respect of which a contributor may exercise an option on ceasing to be a member of the Force; and

    • (b) that information was in respect of the amount, nature or type of the benefits in respect of which the contributor could have exercised an option, the procedures required to be followed to constitute a valid exercise of an option or an agreement referred to in subsection 24.1(2) of the Act.

  • (2) A contributor who has received erroneous or misleading information may, in the circumstances set out in paragraphs (1)(a) and (b), revoke an option that the contributor has exercised under subsection 12(2) of the Act and exercise a new option; a contributor may also, in the same circumstances, revoke an option that the contributor has exercised under subsection 12.1(1) of the Act.

  • SOR/93-219, s. 2;
  • SOR/2012-124, s. 11.

 An option shall not be revoked under subsection 9(5) of the Act or subsection 14(2) and a new option shall not be exercised unless

  • (a) the contributor exercised or failed to exercise the option on the basis of the erroneous or misleading information referred to in section 14 but would have made a different choice of benefit or would have exercised the option at an earlier time had there been no erroneous or misleading information given;

  • (b) the contributor repays the benefits that resulted from the option and that were paid to the contributor

    • (i) subject to section 17, within 30 days after the day on which the notice that advises the contributor of the amount to be repaid is sent, if the contributor exercised the option under paragraph 11(3)(b) or (9)(b) or subsection 12(2) of the Act or was deemed under subsection 9(4) of the Act to have exercised the option, or

    • (ii) within three months after that day, if the contributor exercised the option under subsection 12.1(1) of the Act;

  • (c) any benefits that resulted from the option and that were paid to the contributor under the Retirement Compensation Arrangements Regulations, No. 1 are repaid by the contributor to the Retirement Compensation Arrangements Account established under the Special Retirement Arrangements Act within the same time limits as provided for the repayment of the benefits under paragraph (b);

  • (d) in the case of a contributor who revokes an option for a benefit under subsection 12.1(1) of the Act based on having received erroneous or misleading information in respect of the amount of any benefit under section 11, 12 or 12.1 of the Act, the information about the amount of a benefit to which the contributor was entitled was at least 5% different from the actual amount of that benefit; and

  • (e) the option is revoked and the new option is exercised within

    • (i) in the case of an option exercised under paragraph 11(3)(b) or (9)(b) or subsection 12(2) of the Act or an option that was deemed under subsection 9(4) of the Act to have been exercised, three months after the day on which the contributor became aware that the information that the contributor had received was erroneous or misleading, or

    • (ii) in the case of an option exercised under subsection 12.1(1) of the Act, the later of three months after the day on which the contributor became aware that the information that the contributor had received was erroneous or misleading and six months after the day on which this subparagraph comes into force.

  • SOR/86-981, s. 1;
  • SOR/93-219, s. 2;
  • SOR/2012-124, s. 11.
  •  (1) The circumstances referred to in subsection 9(5) of the Act under which a contributor who ceased to be a member of the Force and was employed by an eligible employer may revoke an option that the contributor exercised under paragraph 11(3)(b) or (9)(b) of the Act, or is deemed under subsection 9(4) of the Act to have exercised, and exercise a new option exist if

    • (a) the contributor has not yet received a benefit under the Act; and

    • (b) the contributor, on ceasing to be a member of the Force,

      • (i) reasonably expected that an agreement referred to in subsection 24.1(2) of the Act would be entered into and

        • (A) no such agreement had been entered into at the time the contributor applied to revoke the option, or

        • (B) the agreement was entered into after the contributor ceased to be a member of the Force but the contributor’s pensionable service could not be transferred under the agreement, or

      • (ii) took all necessary actions to transfer the contributor’s pensionable service to the eligible employer but, through no fault on the part of the contributor, the transfer could not be validly completed.

  • (2) A contributor who ceased to be a member of the Force and was employed by an eligible employer may, in the circumstances set out in paragraphs (1)(a) and (b), revoke an option that the contributor has exercised under subsection 12(2) of the Act and exercise a new option; a contributor may also, in the same circumstances, revoke an option that the contributor has exercised under subsection 12.1(1) of the Act.

  • (3) The contributor shall exercise the new option within three months after the day on which the notice, which advises the contributor that the transfer of the contributor’s pensionable service to the eligible employer was not possible, is sent.

  • (4) The new option shall be effective on the day on which the contributor exercised, or was deemed to have exercised, the previous option.

  • SOR/2012-124, s. 11.

 A contributor who, as a result of the exercise of a new option under subsection 9(5) of the Act or subsection 14(2) or 16(2), is entitled to an annuity, and to whom undue financial hardship that was unforeseen at the time the option was exercised will be caused if the contributor is required to make the repayment referred to in subparagraph 15(b)(i), may make the repayment in approximately equal monthly instalments, by reservation from the annuity, of an amount not less than 10% of the gross monthly amount of the annuity and any supplementary benefit that relates to it.

  • SOR/95-571, s. 4;
  • SOR/2012-124, s. 11.

Calculation of Benefits — Service as a Part-time Member or a Part-time Employee

 In respect of a contributor who has been a part-time member or a part-time employee during the contributor’s period of pensionable service, the definition cash termination allowance in subsection 9(1) of the Act is adapted as follows:

cash termination allowance

cash termination allowance, in respect of a contributor who has been a part-time member or a part-time employee during the contributor’s period of pensionable service, shall be equal to the aggregate of amounts calculated in accordance with the following formula for each segment of the period during which the value for variable “C” changes

(1/12 x A x B x C/D) – (E – F)

where

A 
is the number of years in the segment,
B 
is
  • (a) if the contributor was a full-time member on ceasing to be a member of the Force, the pay authorized to be paid to the contributor at that time, or

  • (b) if the contributor was then a part-time member, the pay determined in accordance with subsection 17.3(2) of the Royal Canadian Mounted Police Superannuation Regulations,

C 
is the weekly average of the hours of work, determined in accordance with section 5.3 of those Regulations, for which the contributor was engaged during the segment,
D 
is the normal number of hours of work per week for full-time members,
E 
is the total amount the contributor would have been required to contribute to the Superannuation Account or the Royal Canadian Mounted Police Pension Fund during the segment, other than interest or charges for payments by instalments, in respect of service after 1965, if the contributor had contributed on the basis of the rates set forth in subsection 5(1) as it read on December 31, 1965, and
F 
is the total amount the contributor was required to contribute to the Superannuation Account or the Royal Canadian Mounted Police Pension Fund during the segment, other than interest or charges for payments by instalments, in respect of service after 1965;
  • SOR/2006-134, s. 5.

 In respect of a contributor who has been a part-time member or a part-time employee during the contributor’s period of pensionable service, subsections 10(1) to (3) of the Act are adapted as follows:

  • 10 (1) The annuity of a contributor who has been a part-time member or part-time employee during the contributor’s period of pensionable service — not exceeding 35 years — shall be equal to the aggregate of amounts calculated in accordance with the following formula for each segment of the period during which the value for variable “C” changes:

    A/50 x B x C/D

    where

    A 
    is the number of years in the segment;
    B 
    is the average annual pay during any period selected by or on behalf of the contributor consisting of consecutive periods of pensionable service totalling five years or those years of pensionable service that the contributor has if the contributor has less, that pay being calculated, in respect of pensionable service credited to the contributor after December 14, 1994, without taking into account that part of the annual rate of pay that exceeds the amount determined in accordance with section 8.1 of the Royal Canadian Mounted Police Superannuation Regulations;
    C 
    is the weekly average of the hours of work, determined in accordance with section 5.3 of those Regulations, for which the contributor was engaged during the segment; and
    D 
    is the normal number of hours of work per week for full-time members.
  • (2) In respect of a contributor who has been a part-time member or a part-time employee during the contributor’s period of pensionable service, there shall be a deduction from the amount of the annuity, if the contributor has reached the age of 65 years or has become entitled to a disability pension under the Canada Pension Plan or a provincial pension plan, determined in accordance with the following formula for each segment of the period during which the value of variable “E” changes:

    A × B × C

    where

    A 
    is
    • (a) if the contributor was born before 1943, 0.007,

    • (b) if the contributor was born in 1943, 0.00685,

    • (c) if the contributor was born in 1944, 0.0067,

    • (d) if the contributor was born in 1945, 0.00655,

    • (e) if the contributor was born in 1946, 0.0064, or

    • (f) if the contributor was born after 1946, 0.00625;

    B 
    is the lesser of the number of years, credited to the contributor, in the segment after 1965 or after the contributor has attained the age of 18 years; and
    C 
    is the lesser of
    • (a) the average of the Year’s Maximum Pensionable Earnings, within the meaning of the Canada Pension Plan, for five years consisting of the year in which the contributor most recently ceased to be a member of the Force and the four preceding years, and

    • (b) an amount determined in accordance with the following formula:

      D × E/F

      where

      D 
      is the average annual pay referred to in variable “B” in subsection (1),
      E 
      is the weekly average of the hours of work, determined in accordance with section 5.3 of the Royal Canadian Mounted Police Superannuation Regulations, for which the contributor was engaged during the segment, and
      F 
      is the normal number of hours of work per week for full-time members.
  • SOR/2006-134, s. 5;
  • SOR/2007-283, s. 2;
  • SOR/2012-124, s. 30.
 
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