An Act to amend the Parliament of Canada Act, the Members of Parliament Retiring Allowances Act and the Salaries Act (S.C. 2001, c. 20)
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Assented to 2001-11-01
R.S., c. M-5MEMBERS OF PARLIAMENT RETIRING ALLOWANCES ACT
Marginal note:1992, c. 46, s. 81
17. (1) The portion of subsection 11(1) of the Act before paragraph (b) is replaced by the following:
Marginal note:Contributions in respect of previous sessions
11. (1) Where a member elects to contribute to the Retiring Allowances Account in respect of a previous session, the member shall pay into the Consolidated Revenue Fund
(a) if the election is made on or after January 1, 2001 and the member’s sessional indemnity in respect of that previous session exceeds the member’s earnings limit for the calendar year
(i) a contribution equal to four per cent of that portion of the sessional indemnity paid to the member in respect of that previous session that does not exceed the member’s earnings limit, and
(ii) the interest on that contribution calculated at a rate and in the manner prescribed from the day on which the final payment by way of sessional indemnity was made to the member in respect of that session to the day on which the election is made;
(a.1) if the election is made on or after January 1, 1992 and before January 1, 2001, or if the member’s sessional indemnity in respect of that previous session does not exceed the member’s earnings limit for the calendar year and the election is made on or after January 1, 2001,
(i) a contribution equal to four per cent of the aggregate of the amounts paid to the member in respect of that previous session
(A) by way of sessional indemnity, and
(B) by way of salary or annual allowance, if the member so elects to contribute in respect of that salary or annual allowance, and
(ii) the interest on that contribution calculated at a rate and in the manner prescribed from the day on which the final payment by way of sessional indemnity, salary or annual allowance, as the case may be, was made to the member in respect of that session to the day on which the election is made; and
Marginal note:2000, c. 27, s. 5(2)
(2) The portion of subsection 11(2) of the Act before paragraph (a) is replaced by the following:
Marginal note:Maximum contribution
(2) Notwithstanding clause (1)(a.1)(i)(B) or subparagraph (1.1)(a)(ii), where the aggregate of amounts paid to a person as a member in respect of one or more previous sessions, or in respect of a particular period, in a calendar year by way of sessional indemnity, salary or annual allowance exceeds
Marginal note:1992, c. 46, s. 81
18. (1) Paragraphs 12(1)(b) and (c) of the Act are replaced by the following:
(b) subject to subsection (2), in respect of any amount payable to the member by way of sessional indemnity, after the aggregate of the products obtained by multiplying the number of years of pensionable service to the credit of the member by the multipliers set out in subsection 16(1) and, as applicable, paragraph 36(1)(a) or (b) equals 0.75; or
(c) after the member has reached 69 years of age.
Marginal note:1992, c. 46, s. 81
(2) Subsection 12(2) of the Act is replaced by the following:
Marginal note:Exception for one per cent
(2) Commencing on January 1, 2001, a member shall, by reservation from the sessional indemnity payable to the member, continue to contribute under this Part one per cent of that portion of that sessional indemnity that does not exceed the member’s earnings limit for the calendar year, after the aggregate of the products obtained by multiplying the number of years of pensionable service to the credit of the member by the multipliers set out in subsection 16(1) and, as applicable, paragraph 36(1)(a) or (b) equals 0.75.
Marginal note:1992, c. 46, s. 81
19. Subsection 17(4) of the Act is replaced by the following:
Marginal note:Calculation of years of pensionable service after January 1, 1992
(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 before the coming into force of this subsection, applies in respect of a period of pensionable service to a member’s credit pursuant to an election referred to in subsection 36(4).
Marginal note:1992, c. 46, s. 81
20. Paragraph 27(1)(b) of the Act is replaced by the following:
(b) the interest paid in accordance with section 33;
Marginal note:1992, c. 46, s. 81; 1995, c. 30, s. 7; 2000, c. 27, s. 6
21. Section 31 of the Act is replaced by the following:
Marginal note:Contributions
31. (1) Commencing on January 1, 2001, a member shall, by reservation from the sessional indemnity of the member, contribute to the Compensation Arrangements Account
(a) if the member has not reached 69 years of age, four per cent of that portion of the sessional indemnity payable to the member that exceeds the member’s earnings limit for the calendar year and 3 per cent of the total sessional indemnity payable to the member; or
(b) if the member has reached 69 years of age, seven per cent of the amount of the member’s sessional indemnity.
Marginal note:Contributions
(2) Despite subsection 2.3(1), beginning on September 21, 2000 and ending on December 31, 2000, a member who was entitled to elect under sections 2.1 and 2.6 and who did not make an election shall, by reservation from the sessional indemnity of the member, contribute to the Compensation Arrangements Account five per cent of the amount payable to the member by way of sessional indemnity if the member has not reached 71 years of age or nine per cent of that amount if the member has reached 71 years of age.
Marginal note:Additional contribution — members under maximum accrual
(3) A member to whom paragraph 12(1)(b) does not apply and who is in receipt of a salary or an annual allowance shall, commencing on January 1, 2001, unless the member elects not to contribute under this subsection, by reservation from that salary or annual allowance, contribute to the Compensation Arrangements Account an amount equal to 7 per cent of the amount payable to the member by way of that salary or annual allowance.
Marginal note:Additional contribution — members who have reached maximum accrual
(4) A member to whom paragraph 12(1)(b) applies and who is in receipt of a salary or an annual allowance shall, commencing on January 1, 2001, unless the member elects not to contribute under this subsection and has at the same time elected not to contribute under subsection 9(2), by reservation from that salary or annual allowance, contribute to the Compensation Arrangements Account an amount equal to
(a) 3 per cent of that portion of the amount payable to the member by way of salary or annual allowance that is less than the member’s earnings limit for the calendar year; and
(b) 7 per cent of the amount that exceeds the member’s earnings limit for that year.
Marginal note:2000, c. 27, s. 7(1)
22. Subsection 32(1.1) of the Act is replaced by the following:
Marginal note:Election to contribute in respect of previous period
(1.1) A member who is required to make contributions under subsection 31(2) may, within one year after September 21, 2000, elect to contribute under this Part to the Compensation Arrangements Account in respect of the period that consists of the period during which that member was a member but was not required to make contributions and the period in respect of which that member was paid a withdrawal allowance under subsection 2.3(2).
Marginal note:1995, c. 30, s. 8(1)
23. (1) The portion of paragraph 33(1)(a) of the Act before subparagraph (i) is replaced by the following:
(a) in the case of a member who, before July 13, 1995, makes an election under subsection 32(1) in respect of amounts paid as a member of the House of Commons, a contribution equal to seven per cent if the member has not reached 71 years of age at the time of the making of the election, or equal to eleven per cent if the member has reached that age at that time, of the aggregate of amounts paid to the member as a member of the House of Commons in respect of that previous session
Marginal note:1995, c. 30, s. 8(1)
(2) The portion of paragraph 33(1)(a.1) of the Act before subparagraph (i) is replaced by the following:
(a.1) in the case of a member who, on or after July 13, 1995 and before January 1, 2001, makes an election under subsection 32(1) in respect of amounts paid as a member of the House of Commons, a contribution equal to five per cent if the member has not reached 71 years of age at the time of the making of the election, or equal to nine per cent if the member has reached that age at that time, of the aggregate of amounts paid to the member as a member of the House of Commons in respect of that previous session
Marginal note:1992, c. 46, s. 81; 1995, c. 30, s. 8(2)
(3) Subparagraphs 33(1)(b)(i) to (iii) of the Act are replaced by the following:
(i) where the election was made on or after July 13, 1995 and before January 1, 2001, a contribution equal to three per cent if the member has not reached 71 years of age at the time of the making of the election, or equal to seven per cent if the member has reached that age at that time, of the aggregate of amounts paid to the member as a member of the Senate in respect of that previous session by way of sessional indemnity,
(ii) where the election was made before July 13, 1995, a contribution equal to seven per cent if the member has not reached 71 years of age at the time of the making of the election, or equal to eleven per cent if the member has reached that age at that time, of the aggregate of amounts paid to that member as a member of the Senate in respect of that previous session by way of salary or annual allowance, if the member so elects to contribute in respect of that salary or annual allowance under this subparagraph and, where applicable, subsection (2), and
(iii) where the election was made on or after July 13, 1995 and before January 1, 2001, a contribution equal to five per cent if the member has not reached 71 years of age at the time of the making of the election, or equal to nine per cent if the member has reached that age at that time, of the aggregate of amounts paid to that member as a member of the Senate in respect of that previous session by way of salary or annual allowance, if the member so elects to contribute in respect of that salary or annual allowance under this subparagraph and, where applicable, subsection (2); and
Marginal note:1992, c. 46, s. 81
(4) The portion of subsection 33(2) of the English version of the Act before paragraph (a) is replaced by the following:
Marginal note:Maximum contribution
(2) Notwithstanding subparagraphs (1)(a)(ii), (a.1)(ii) and (b)(ii), in the case of a person who has not reached 71 years of age at the time of the making of the election, where the aggregate of amounts paid to the person as a member in respect of one or more previous sessions in a calendar year by way of sessional indemnity, salary or annual allowance exceeds
Marginal note:1995, c. 30, s. 8(3)
(5) Paragraph 33(2)(c) of the Act is replaced by the following:
(c) in the case of an election made before July 13, 1995, a contribution equal to eleven per cent of the excess amount and, in the case of an election made on or after that date and before January 1, 2001, a contribution equal to nine per cent of the excess amount, and
(6) Section 33 of the Act is amended by adding the following after subsection (3):
Marginal note:Contributions for previous sessions
(4) If a member elects on or after January 1, 2001 to contribute to the Compensation Arrangements Account in respect of a previous session, the member shall pay contributions and interest into the Consolidated Revenue Fund in accordance with the regulations.
Marginal note:1992, c. 46, s. 81
24. (1) Paragraph 34(1)(b) of the Act is replaced by the following:
(b) subject to subsections (2) and (2.1), in respect of any amount payable to the member by way of sessional indemnity after the aggregate of the products obtained by multiplying the number of years of pensionable service to the credit of the member by the multipliers set out in subsection 16(1) and, as applicable, paragraph 36(1)(a) or (b) equals 0.75.
Marginal note:1992, c. 46, s. 81
(2) Subsection 34(2) of the Act is replaced by the following:
Marginal note:Exception if member has reached 69 years of age
(2) Commencing on January 1, 2001, a member who has reached 69 years of age shall, by reservation from the sessional indemnity payable to that member, continue to contribute under this Part one per cent of the amount payable to the member by way of sessional indemnity after the aggregate of the products obtained by multiplying the number of years of pensionable service to the credit of the member by the multipliers set out in subsection 16(1) and, as applicable, paragraph 36(1)(a) or (b) equals 0.75.
Marginal note:Exception for 1 per cent
(2.1) Commencing on January 1, 2001, a member to whom subsection 12(2) applies shall contribute to the Compensation Arrangements Account 1 per cent of that portion of the member’s sessional indemnity for the calendar year that exceeds the member’s earnings limit for that year.
Marginal note:1995, c. 30, s. 9(2)
25. (1) Paragraph 36(1)(a) of the Act is replaced by the following:
(a) in respect of contributions made as a member of the House of Commons,
(i) where the person has not reached 60 years of age,
(A) 0.05 for the years or portions of years of pensionable service calculated by reference to those contributions made, or in respect of which an election was made, on or after January 1, 1992 and before July 13, 1995,
(B) 0.04 for the years or portions of years of pensionable service calculated by reference to those contributions made, or in respect of which an election was made, on or after July 13, 1995 and before January 1, 2001, otherwise than pursuant to an election referred to in clause (A), and
(C) 0.03 for the years or portions of years of pensionable service calculated by reference to those contributions made, or in respect of which an election was made, on or after January 1, 2001, otherwise than pursuant to an election referred to in clause (A) or (B),
(ii) subject to subparagraphs (iii) and (iv), where the person has reached 60 years of age,
(A) 0.03 for the years or portions of years of pensionable service calculated by reference to those contributions made, or in respect of which an election was made, on or after January 1, 1992 and before July 13, 1995,
(B) 0.02 for the years or portions of years of pensionable service calculated by reference to those contributions made, or in respect of which an election was made, on or after July 13, 1995 and before January 1, 2001, otherwise than pursuant to an election referred to in clause (A), and
(C) 0.01 for the years or portions of years of pensionable service calculated by reference to those contributions made, or in respect of which an election was made, on or after January 1, 2001, otherwise than pursuant to an election referred to in clause (A) or (B),
(iii) where the person has reached 71 years of age and contributed after that,
(A) 0.05 for the years or portions of years of pensionable service calculated by reference to those contributions made, or in respect of which an election was made, in the period commencing on the later of the 71st birthday and January 1, 1992 and ending on July 12, 1995, and
(B) 0.04 for the years or portions of years of pensionable service calculated by reference to those contributions made, in the period commencing on the later of the 71st birthday and July 13, 1995 and ending on December 31, 2000, or in respect of which an election was made during that period, other than contributions made pursuant to an election referred to in clause (A), and
(iv) where the person has reached 69 years of age and contributed after that, 0.03 for the years or portions of years of pensionable service calculated by reference to those contributions made on or after the later of the 69th birthday and January 1, 2001, or in respect of which an election was made on or after that date, other than contributions made pursuant to an election referred to in subparagraph (iii); and
Marginal note:1995, c. 30, s. 9(2)
(2) Subparagraph 36(1)(b)(iii) of the Act is replaced by the following:
(iii) where the person has reached 69 years of age and contributed after that, 0.03 for the years or portions of years of pensionable service calculated by reference to those contributions made on or after the 69th birthday, otherwise than pursuant to an election made before that birthday.
Marginal note:1995, c. 30, s. 9(2)
(3) Subsection 36(2) of the Act is replaced by the following:
Marginal note:Special case
(2) For the purposes of calculating the compensation allowance payable under subsection (1) to a person who, on or after July 13, 1995 and before January 1, 2001, elected to contribute under this Part in respect of any session or part of a session before that date, the multipliers referred to in paragraph (1)(a) shall, in lieu of the numbers set out in that paragraph, be
(a) where the person has not reached 60 years of age, 0.04;
(b) subject to paragraph (c), where the person has reached 60 years of age, 0.02; and
(c) where the person has reached 71 years of age and contributed thereafter, 0.04 for the years or portions of years of pensionable service calculated by reference to those contributions made on or after the 71st birthday, otherwise than pursuant to an election made before that birthday.
Marginal note:Special case
(3) For the purposes of calculating the compensation allowance payable under subsection (1) to a person who, on or after January 1, 2001, elected to contribute under this Part in respect of any session or part of a session before that date, the multipliers referred to in paragraph (1)(a) shall, in lieu of the numbers set out in that paragraph, be
(a) where the person has not reached 60 years of age, 0.03;
(b) subject to paragraph (c), where the person has reached 60 years of age, 0.01; and
(c) where the person has reached 69 years of age and contributed after that, 0.03 for the years or portions of years of pensionable service calculated by reference to those contributions made on or after the 69th birthday, otherwise than pursuant to an election made before that birthday.
Marginal note:Exception
(4) Clauses (1)(a)(i)(B), (ii)(B) and (iii)(B) and subsection (2) shall apply instead of clauses (1)(a)(i)(C) and (ii)(C), subparagraph (1)(a)(iv) and subsection (3) in respect of a period of pensionable service to a member’s credit pursuant to an election made under subsection 10(1) or 32(1) on or after November 27, 2000 and before November 27, 2001, or under subsection 10(1.1) or 32(1.1).
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