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Members of Parliament Retiring Allowances Act (R.S.C., 1985, c. M-5)

Act current to 2019-11-19 and last amended on 2015-06-23. Previous Versions

PART IIMembers of Parliament Retirement Compensation Arrangements (continued)

Survivor Benefits (continued)

Marginal note:Children born, etc., after member ceases to be a member

 Subject to the regulations, a child who is born to or adopted by a member or who becomes the stepchild of a member after that member ceases to be a member is not entitled to an allowance under section 40.

  • R.S., 1985, c. M-5, s. 41
  • 1992, c. 46, s. 81

Marginal note:Saving provision

 Nothing in section 41 shall prejudice any right that a child of an earlier marriage of a member or former member has to an allowance under section 40.

  • 1992, c. 46, s. 81

 [Repealed, 2000, c. 12, s. 178]

Marginal note:Duration of entitlement

 An allowance under section 40

  • (a) shall be paid monthly in arrears in approximately equal instalments;

  • (b) begins to be payable

    • (i) in respect of the death of a member, on the first day of the month immediately after the month in which the member dies, or

    • (ii) in respect of the death of a former member, on the day after the day on which the former member dies; and

  • (c) in the case of an allowance under paragraph 40(1)(a), continues during the lifetime of the recipient.

  • 1992, c. 46, s. 81
  • 1995, c. 30, s. 15
  • 2000, c. 12, s. 178

Marginal note:Election for benefit

  •  (1) If the person to whom a former member is married or with whom the former member is cohabiting in a relationship of a conjugal nature, having so cohabited for a period of at least one year, would not be entitled, in the event of the former member’s death, to receive an allowance under paragraph 20(1)(a) or 40(1)(a), the former member may elect, in accordance with the regulations, in order that the person could become entitled to an allowance under subsection (3), to reduce the amount of

    • (a) the former member’s retirement allowances and any additional retirement allowance, under Part I; and

    • (b) the former member’s compensation allowances, if any, and any additional compensation allowance, under this Part.

  • Marginal note:Election for both Parts

    (2) No election may be made by a former member under subsection (1) unless the former member makes an election under subsection 25(1), if applicable, at the same time.

  • Marginal note:Entitlement to allowance

    (3) A person referred to in subsection (1) is entitled to an allowance in an amount determined in accordance with the election and the regulations if the former member dies and the election is not revoked or deemed to have been revoked, and the person was married to the former member at the time of the former member’s death, or was cohabiting with the former member in a relationship of a conjugal nature for a period of at least one year immediately before the former member’s death.

  • Marginal note:Payment of allowance

    (4) The allowance to the person referred to in subsection (1) shall be paid monthly in arrears in approximately equal instalments, beginning on the day after the day on which the former member dies, and continues during the person’s lifetime.

  • Marginal note:No entitlement

    (5) A person who is entitled to receive an allowance under section 20 or 40 after the former member’s death is not entitled to an allowance under subsection (3) in respect of that former member.

  • 1992, c. 46, s. 81
  • 2000, c. 12, s. 178
  • 2012, c. 22, s. 34

 [Repealed, 2000, c. 12, s. 178]

PART IIIPrime Minister

Contributions

Marginal note:Contributions by Prime Minister — January 1, 2013 to December 31, 2015

  •  (1) Beginning on January 1, 2013 and ending on December 31, 2015, the member who holds the office of Prime Minister shall with respect to each calendar year, by reservation from the annual salary payable to the member as Prime Minister under the Salaries Act, contribute to the Compensation Arrangements Account, in respect of that salary, at the applicable contribution rate that is fixed for the purpose of paragraph 31.1(1)(c).

  • Marginal note:Contributions by Prime Minister — beginning January 1, 2016

    (2) Beginning on January 1, 2016, the member who holds the office of Prime Minister shall with respect to each calendar year, by reservation from the annual salary payable to the member as Prime Minister under the Salaries Act, contribute to the Compensation Arrangements Account, in respect of that salary, at the contribution rate that is fixed for the purpose of subsection 31.2(2).

  • 1992, c. 46, s. 81
  • 2012, c. 22, s. 35

Marginal note:Allowance to former Prime Ministers

  •  (1) There shall be paid to every person who has held the office of Prime Minister for four years before February 6, 2006 an allowance beginning on the day on which that person ceases to be a member or reaches 65 years of age, whichever is the later, equal to 2/3 of the annual salary payable under the Salaries Act to the Prime Minister as Prime Minister on that day.

  • Marginal note:Allowance to former Prime Ministers

    (2) There shall be paid to every person who has held the office of Prime Minister for four years on or after February 6, 2006 an allowance beginning on the day on which that person ceases to be a member or reaches 67 years of age, whichever is the later, in an amount determined in accordance with subsections (3) and (4).

  • Marginal note:Amount

    (3) The amount of the allowance is the annual salary payable under the Salaries Act to the Prime Minister as Prime Minister on the later of the days referred to in subsection (2) multiplied by the number of years and portions of years that the member held the office of Prime Minister multiplied by 0.03.

  • Marginal note:Maximum

    (4) The maximum allowance payable to a person under subsection (2) is 2/3 of the annual salary payable under the Salaries Act to the Prime Minister as Prime Minister on the later of the days referred to in that subsection.

  • Marginal note:Duration of entitlement

    (5) An allowance payable to a person under subsection (1) or (2) continues during the lifetime of that person, but is suspended in respect of any period during which the person is a Senator or a member of the House of Commons.

  • 1992, c. 46, s. 81
  • 2012, c. 22, s. 35

Marginal note:Allowance to former Prime Minister’s survivor

  •  (1) The survivor of a person described in subsection 48(1) or (2) shall be paid an allowance equal to 1/2 of the allowance that the person was receiving under that subsection at the time of death or would have been eligible to receive if, immediately before the time of death, the person described in that subsection had ceased to hold the office of Prime Minister and had, in the case of a person described in subsection 48(1) reached 65 years of age or, in the case of a person described in subsection 48(2), 67 years of age.

  • Marginal note:Apportionment when two survivors

    (1.1) When an allowance is payable under this section and there are two survivors, the total amount of the allowance shall be apportioned so that

    • (a) the survivor referred to in paragraph (4)(a) receives an amount, if any, equal to the total amount less any amount determined under paragraph (b); and

    • (b) the survivor referred to in paragraph (4)(b) receives an amount equal to that proportion of the total amount that the number of years that the survivor cohabited with the person while the person was Prime Minister is of the number of years that the person was Prime Minister.

  • Marginal note:Years

    (1.2) In determining a number of years for the purpose of paragraph (1.1)(b), a part of a year shall be counted as a full year if the part is six or more months and shall be ignored if it is less.

  • Marginal note:Period of allowance

    (2) An allowance payable under subsection (1) to the survivor of a person begins to be payable on the day after the day on which that person dies and continues during the lifetime of the survivor.

  • Marginal note:Allowance to be paid monthly

    (3) An allowance payable under subsection (1) shall be paid monthly in arrears in approximately equal instalments.

  • Definition of survivor

    (4) For the purposes of this section, survivor means

    • (a) a person who was married

      • (i) to a Prime Minister or former Prime Minister immediately before his or her death, and

      • (ii) in the case of a former Prime Minister, to him or her immediately before the time when he or she ceased to be a Prime Minister; or

    • (b) a person who establishes that the person was cohabiting in a relationship of a conjugal nature

      • (i) with a Prime Minister or former Prime Minister for a period of at least one year immediately before his or her death, and

      • (ii) in the case of a former Prime Minister, with him or her immediately before he or she ceased to be a Prime Minister.

  • 1992, c. 46, s. 81
  • 2000, c. 12, s. 179
  • 2012, c. 22, s. 36
 
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