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Pension Reform Act (S.C. 2012, c. 22)

Full Document:  

Assented to 2012-11-01

R.S., c. M-5MEMBERS OF PARLIAMENT RETIRING ALLOWANCES ACT

Marginal note:2001, c. 20, s. 26(1)
  •  (1) Clause 37(2)(a)(i)(C) of the Act is replaced by the following:

    • (C) 0.03 for the years and 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 and before January 1, 2016, other than those made under an election referred to in clause (A) or (B),

  • Marginal note:2001, c. 20, s. 26(1)

    (2) Clause 37(2)(a)(ii)(C) of the Act is replaced by the following:

    • (C) 0.01 for the years and 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 and before January 1, 2016, other than those made under an election referred to in clause (A) or (B),

  • (3) Subparagraph 37(2)(a)(iii) of the Act is amended by striking out “and” at the end of clause (A) and by adding the following after clause (B):

    • (C) 0.03 for the years and portions of years of pensionable service calculated by reference to contributions made — or in respect of which an election was made — during the period beginning on the later of the 71st birthday and January 1, 2013 and ending on December 31, 2015, other than those made under an election referred to in clause (A) or (B), and

  • Marginal note:2001, c. 20, s. 26(1)

    (4) Subparagraph 37(2)(a)(iv) of the Act is replaced by the following:

    • (iv) if the person contributed after he or she reached 69 years of age, 0.03 for the years and portions of years of pensionable service calculated by reference to contributions made — or in respect of which an election was made — during the period beginning on the later of the 69th birthday and January 1, 2001 and ending on December 31, 2012, other than those made under an election referred to in subparagraph (iii), and

  • Marginal note:2001, c. 20, s. 26(1)

    (5) Subparagraphs 37(2)(b)(i) to (iii) of the Act are replaced by the following:

    • (i) 0.05 for the years and 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,

    • (ii) 0.04 for the years and 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 under an election referred to in subparagraph (i), and

    • (iii) 0.03 for the years and portions of years of pensionable service calculated by reference to those contributions made during the period beginning on January 1, 2001 and ending on December 31, 2012, other than those made under an election made before January 1, 2001, and

    • (iv) 0.03 for the years and portions of years of pensionable service calculated by reference to contributions made during the period beginning on January 1, 2013 and ending on December 31, 2015, other than those made under an election made before January 1, 2013.

  • Marginal note:2003, c. 16, s. 8

    (6) Paragraph 37(3)(c) of the Act is replaced by the following:

    • (c) each amount, equal to 7% of the sessional indemnity payable to the person as a member of the Senate or House of Commons, as the case may be, during a calendar year, that the person — during the period beginning on January 1, 2001 and ending on December 31, 2012 — has contributed or elected to contribute under subsection 31(3), paragraph 31(4)(b) or subsection 31(5) or 33(1), other than amounts paid under subsection 33(1) in respect of sessional indemnity or as interest.

  • (7) Section 37 of the Act is amended by adding the following after subsection (3):

    • Marginal note:Years of pensionable service

      (3.1) For the purposes of paragraph (2)(b), for each of the calendar years from 2013 to 2015, a person, on ceasing to be a member, is deemed to have one year of pensionable service to his or her credit for each amount equal to the amount determined under subsection (3.2) that, during that calendar year, the person contributed or elected to contribute under paragraph 31.1(1)(c) or (2)(b) or subsection 33.1(1), other than amounts paid under subsection 33.1(1) in respect of sessional indemnity or as interest.

    • Marginal note:Amount

      (3.2) The amount for the purposes of subsection (3.1) in respect of a person for a calendar year is the sessional indemnity payable to a member of the Senate or House of Commons, as the case may be, during the calendar year multiplied by the contribution rate that is fixed for the calendar year for the purpose of paragraph 31.1(2)(a).

  • Marginal note:2001, c. 20, s. 26(3)

    (8) Subparagraph 37(5)(a)(iii) of the Act is replaced by the following:

    • (iii) if the person has reached 71 years of age and contributed after reaching that age, 0.04 for the years and portions of years of pensionable service calculated by reference to those contributions made on or after the 71st birthday, other than those made under an election made before that birthday; and

  • Marginal note:2001, c. 20, s. 26(3)

    (9) Subsection 37(6) of the Act is replaced by the following:

    • Marginal note:Special case — January 1, 2001 to December 31, 2015

      (6) For the purposes of calculating the additional compensation allowance payable under subsection (2) to a person who, during the period begining on January 1, 2001 and ending on December 31, 2015, elected to contribute under this Part in respect of any session or part of a session before December 31, 2015, the multipliers referred to in paragraph (2)(a) shall, in lieu of the numbers set out in that paragraph, be

      • (a) if the person has not reached 60 years of age, 0.03;

      • (b) subject to paragraphs (c) and (d), if the person has reached 60 years of age, 0.01;

      • (c) if the person contributed after he or she reached 69 years of age, 0.03 for the years and portions of years of pensionable service calculated by reference to contributions made — or in respect of which an election was made — during the period beginning on the later of the 69th birthday and January 1, 2001 and ending on December 31, 2012, other than those made under an election made before that birthday; and

      • (d) if the person contributed after he or she reached 71 years of age, 0.03 for the years and portions of years of pensionable service calculated by reference to contributions made — or in respect of which an election was made — during the period beginning on the later of the 71st birthday and January 1, 2013 and ending on December 31, 2015, other than those made under an election made before that birthday.

Marginal note:1995, c. 30, s. 11

 The portion of subsection 37.1(1) of the Act before paragraph (a) is replaced by the following:

Marginal note:Beginning of payment of allowances — July 13, 1995 to December 31, 2015
  • 37.1 (1) Despite sections 36 and 37, the allowances otherwise payable to a person under those sections in respect of pensionable service calculated by reference to contributions made during the period beginning on July 13, 1995 and ending on December 31, 2015, other than those made under an election made before July 13, 1995, are not payable until the earlier of

 The Act is amended by adding the following after section 37.1:

Marginal note:Allowance on ceasing to be member on or after January 1, 2016 — 65 years of age or older
  • 37.2 (1) Subject to sections 58 and 59, if a person ceases to be a member after December 31, 2015, having contributed or elected to contribute under this Part or Part I or III of the former Act as a member for at least six years and the person has reached 65 years of age when he or she ceases to be a member, there shall be paid to that person during his or her lifetime a compensation allowance in an amount calculated under subsection (2).

  • Marginal note:Amount

    (2) The amount of the compensation allowance is the amount determined by the formula

    (A × B × 0.03) – (C + D)

    where

    A
    is the person’s average annual pensionable earnings;
    B
    is the number of years and portions of years of the person’s pensionable service calculated in accordance with subsections (3) and (4);
    C
    is an amount equal to the number determined by the calculation referred to in the description of B multiplied by an amount equal to the portion of the person’s average annual pensionable earnings that does not exceed his or her earnings limit for the calendar year in which he or she ceased to be a member multiplied by 0.02;
    D
    is an amount equal to the percentage fixed by the Chief Actuary for the purpose of subsection 17.1(2) of
    • (i) the person’s average maximum pensionable earnings multiplied by B,

    multiplied by

    • (ii) 0.01.

  • Marginal note:Pensionable service

    (3) Subject to subsection (4), the person’s pensionable service for the purpose of subsection (2) is

    • (a) the years and portions of years spent as a member after December 31, 2015 during which he or she was required to contribute under this Part, other than any period in respect of which a withdrawal allowance has been paid to the person; and

    • (b) the years and portions of years in respect of which he or she elected on or after January 1, 2016 to bring to his or her credit as time spent as a member.

  • Marginal note:Service after contributions under subsection 12(2.1) not to be included

    (4) The person’s service as a member during which he or she was required to contribute under subsection 12(2.1), if any, is not to be included in the calculation under subsection (3) of the person’s pensionable service.

Marginal note:Allowance on ceasing to be member on or after January 1, 2016 — under 65 years of age
  • 37.3 (1) Subject to sections 58 and 59, if a person ceases to be a member after December 31, 2015, having contributed or elected to contribute under this Part or Part I or III of the former Act as a member for at least six years and the person is under 65 years of age when he or she ceases to be a member, and the person elects to receive a compensation allowance under this section, there shall be paid to that person, beginning on the date specified by him or her,

    • (a) if the specified date is before the person reaches 60 years of age,

      • (i) until the person reaches the age of 60, a compensation allowance in an amount calculated under subsection (2), and

      • (ii) after the person reaches the age of 60, during his or her lifetime, a compensation allowance in an amount calculated under subsection (3); and

    • (b) if the specified date is the day of the person’s 60th birthday or any day after that day, during his or her lifetime, a compensation allowance in an amount calculated under subsection (3).

  • Marginal note:Amount of compensation allowance

    (2) For the purposes of subparagraph (1)(a)(i), the amount of the compensation allowance is the amount determined by the formula

    (A × B × 0.03) – (C × D)

    where

    A
    is the person’s average annual pensionable earnings;
    B
    is the number of years and portions of years of the person’s pensionable service calculated in accordance with subsections 37.2(3) and (4);
    C
    is an amount equal to A x B x 0.03; and
    D
    is the product obtained by multiplying 0.01 by the number of years by which the person’s age in years, to the nearest 1/10 of a year, at the time the allowance is payable, is less than 65 years of age.
  • Marginal note:Amount of compensation allowance

    (3) For the purposes of subparagraph (1)(a)(ii) and paragraph (1)(b), the amount of the compensation allowance is the amount determined by the formula

    A – (A × B)

    where

    A
    is the allowance that would be payable to the person under subsection 37.2(2) if the person had reached 65 years of age; and
    B
    is the reduction factor.
  • Marginal note:Limitation regarding specified date

    (4) The date specified by the person shall not be earlier than the person’s 55th birthday.

 

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