Marginal note:Period of pensionable service

389. The period of pensionable service under the Royal Canadian Mounted Police Superannuation Act to the credit of a deemed employee on the published date is, on that date, deemed to be a period of pensionable service under the Public Service Superannuation Act.

• Marginal note:Unpaid instalments

  390. (1) If a deemed employee has undertaken under the Royal Canadian Mounted Police Superannuation Act to pay for a part of the period of pensionable service referred to in section 389 in instalments and has not paid all the instalments before the published date, the unpaid instalments must be paid into the Public Service Pension Fund established under subsection 44.2(1) of the Public Service Superannuation Act, in accordance with the terms that applied to those payments immediately before the published date.

• Marginal note:Instalments — cessation of employment or death

  (2) If the deemed employee ceases to be employed in the public service or dies before all the instalments have been paid, the unpaid instalments may be reserved, in accordance with the Public Service Superannuation Act, from any amount payable to or in respect of the deemed employee by Her Majesty in right of Canada, including any annuity or other benefit payable to or in respect of the deemed employee under that Act.

Marginal note:No annuity or benefit

391. Despite subsection 4(1) of the Royal Canadian Mounted Police Superannuation Act, no annuity or other benefit specified in Part I or III of that Act is payable to or in respect of a deemed employee in respect of the period of pensionable service referred to in section 389.

Marginal note:Salary

392. For the purposes of the Public Service Superannuation Act, a deemed employee is deemed to have received as salary, during the period of pensionable service referred to in section 389, the pay, as defined in subsection 3(1) of the Royal Canadian Mounted Police Superannuation Act as it read immediately before the day on which this section comes into force, applicable to the deemed employee as determined under the Royal Canadian Mounted Police Superannuation Act.

Marginal note:Period of employment

393. For the purposes of clause 13(1)(c)(ii)(C), subsections 13(4) and 51(1) and (2) and section 53 of the Public Service Superannuation Act, any period of service of a deemed employee as a member of the Force, as defined in subsection 3(1) of the Royal Canadian Mounted Police Superannuation Act as it read immediately before the day on which this section comes into force, is deemed to be a period during which the deemed employee was employed in the public service.

Marginal note:Part-time employment

394. For the purposes of the Public Service Superannuation Act, any period of part-time service of a deemed employee as a member of the Force, as defined in subsection 3(1) of the Royal Canadian Mounted Police Superannuation Act as it read immediately before the day on which this section comes into force, is deemed to be a period during which the deemed employee was employed in the public service as a part-time employee.

Marginal note:Credit to Superannuation Account

395. There is to be charged to the Royal Canadian Mounted Police Superannuation Account that was continued under subsection 4(2) of the Royal Canadian Mounted Police Superannuation Act and to be credited to the Superannuation Account that was continued under subsection 4(2) of the Public Service Superannuation Act the amount determined by the President of the Treasury Board, based on actuarial advice and after consultation with the Minister of Public Safety and Emergency Preparedness, that is required to provide for benefits payable in respect of any portion of the period of pensionable service referred to in section 389 that was credited to a deemed employee before April 1, 2000.

Marginal note:Election under subsection 5.3(1) of Public Service Superannuation Act

396. For the purposes of the Public Service Superannuation Act, any period of service in respect of which a deemed employee made an election under subsection 6.1(1) of the Royal Canadian Mounted Police Superannuation Act is deemed to be a period of service in respect of which the deemed employee made an election under subsection 5.3(1) of the Public Service Superannuation Act.

R.S., c. R-11Royal Canadian Mounted Police Superannuation Act

Marginal note:1999, c. 34, s. 178(7); 2003, c. 26, s. 45(3)

• 397. (1) Subsections 11(7) to (10) of the Royal Canadian Mounted Police Superannuation Act are repealed.

• Marginal note:2009, c. 13, s. 5(1)

  (2) Subsection 11(11) of the Act is replaced by the following:

  • Marginal note:Return of contributions

    (11) Despite anything in this section, except as provided for in subsection (1), (2) or (11.1), a contributor who ceases to be a member of the Force after serving in the Force for a period less than the period prescribed by the regulations for the purposes of this subsection is entitled only to a return of contributions.

• Marginal note:2009, c. 13, s. 5(1)

  (3) The portion of subsection 11(11.1) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Entitlement to deferred annuity

    (11.1) A contributor who ceases to be a member of the Force after serving in the Force for a period less than the period prescribed by the regulations for the purposes of subsection (11) is entitled to a deferred annuity if they

• Marginal note:1999, c. 34, s. 178(7)

  (4) Subsection 11(12) of the Act is repealed.

Marginal note:2003, c. 26, s. 62(2)

• 398. (1) Paragraph 26.1(1)(h.2) of the Act is replaced by the following:

  • (h.2) prescribing periods of service in the Force and periods of pensionable service for the purposes of sections 11, 12.1, 13 and 14, these periods being in no case shorter than two years or longer than, in the case of sections 13 and 14, five years, in the case of paragraphs 11(1)(a), 11(2)(a), 11(3)(a) and 11(5)(a), subsection 11(11) and section 12.1, 10 years, in the case of paragraphs 11(3)(c) and 11(5)(c), 20 years, and in the case of paragraph 11(5)(d), 25 years;

• Marginal note:1999, c. 34, s. 194(3)

  (2) Paragraph 26.1(1)(h.6) of the Act is repealed.

Marginal note:1992, c. 46, s. 80

399. Paragraph (c) of the definition “recipient” in section 35 of the Act is repealed.

Transitional Provision

Marginal note:Members not holding a rank in the Force

400. The Royal Canadian Mounted Police Superannuation Act, as it read on the day before the day on which this section comes into force, continues to apply to a person referred to in subsection 66(4) of the Canadian Security Intelligence Service Act, as it read on June 28, 1984, and to a member of the Force, as defined in subsection 3(1) of the Royal Canadian Mounted Police Superannuation Act, not holding a rank in the Force who ceased to be a member of the Force before the published date.

Coming into Force

Marginal note:Publication date

401. This Division comes into force on the date that is published in the Canada Gazette by the Treasury Board under subsection 86(1) of the Enhancing Royal Canadian Mounted Police Accountability Act.