Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

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 IMembers of Parliament Retiring Allowances (continued)

Allowances (continued)

Marginal note:Allowance on ceasing to be member on or after January 1, 2016 — under 65 years of age

  •  (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 has elected to receive an allowance under section 37.3, there shall be paid to that person, subject to subsection (3), during his or her lifetime, a retirement allowance in an amount calculated under subsection (2).

  • Marginal note:Amount of retirement allowance

    (2) For the purposes of subsection (1), the amount of the retirement allowance is equal to the amount of the retirement allowance determined under section 17.1 as though that section applied to the person, minus the product obtained by multiplying that amount by the reduction factor.

  • Marginal note:When retirement allowance becomes payable

    (3) The retirement allowance payable under subsection (1) becomes payable on the later of

    • (a) the day the person reaches the age of 60, and

    • (b) the day the person begins to receive his or her allowance under section 37.3.

  • 2012, c. 22, s. 16

Withdrawal Allowances

Marginal note:Withdrawal allowance

 There shall be paid to a person who ceases to be a member but who has not contributed or elected to contribute under this Part or Parts I, III and IV of the former Act as a member for at least six years a withdrawal allowance, in a lump sum, equal to the aggregate of

  • (a) the total amount of the contributions that the person has paid under this Part and Parts I, III and IV of the former Act, and

  • (b) the interest on those contributions that the person has paid under section 11 or 11.1 or under section 23 of the former Act.

  • R.S., 1985, c. M-5, s. 18
  • 1992, c. 46, s. 81
  • 2012, c. 22, s. 17

Marginal note:Withdrawal allowance where member expelled

 There shall be paid to a person who ceases to be a Senator by reason of disqualification or who is expelled from the House of Commons a withdrawal allowance, in a lump sum, equal to the aggregate of

  • (a) the total amount of the contributions that the person has paid under this Part and Parts I, III and IV of the former Act, and

  • (b) the interest on those contributions that the person has paid under section 11 or 11.1 or under section 23 of the former Act.

  • R.S., 1985, c. M-5, s. 19
  • 1989, c. 6, s. 16
  • 1992, c. 46, s. 81
  • 2012, c. 22, s. 18

 [Repealed, 1998, c. 23, s. 12]

Survivor Benefits

Marginal note:Survivor benefits

  •  (1) On the death of a member or former member, there shall be paid

    • (a) to the survivor, an allowance equal to three fifths of the basic retirement allowance, but, if two survivors are entitled to an allowance under this paragraph, the total amount of the allowances shall not exceed three fifths of the basic retirement allowance and that total amount shall be apportioned in accordance with subsection (1.1); and

    • (b) to each child, an allowance equal to one tenth of the basic retirement allowance or, if the member or former member died leaving no one entitled to an allowance under paragraph (a), two tenths of the basic retirement allowance, but the total amount of the allowances shall not exceed three tenths of the basic retirement allowance or, if the member or former member died leaving no one entitled to an allowance under paragraph (a), eight tenths of the basic retirement allowance.

  • Marginal note:Apportionment

    (1.1) For the purposes of paragraph (1)(a), the total amount shall be apportioned so that

    • (a) the survivor referred to in paragraph (a) of the definition survivor in subsection 2(1) 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 (b) of that definition receives an amount equal to that proportion of the total amount that the number of years that survivor cohabited with the member or former member while a member is of the number of years that the member or former member was a member.

  • Marginal note:Years

    (1.2) In determining a number of years for the purposes of subsection (1.1), 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:Definition of basic retirement allowance

    (2) In this section, basic retirement allowance means

    • (a) in the case of a former member, the aggregate of all the retirement allowances and additional retirement allowances that the former member was receiving under this Part at the time of death or would have been entitled to receive under this Part if the former member had reached sixty years of age immediately before death; and

    • (b) in the case of a member, the aggregate of all the retirement allowances and additional retirement allowances that the member would have been entitled to receive under this Part if the member had ceased to be a member and had reached sixty years of age immediately before death.

  • Marginal note:Deeming

    (3) For the purpose of subsection (2), if any amount was or would have been subtracted in the calculation of the amount of the member or former member’s retirement allowance under section 17.1 or 17.2, the member or former member is deemed to have received or to have been entitled to receive, as the case may be, a retirement allowance under that section calculated without that subtracted amount.

  • R.S., 1985, c. M-5, s. 20
  • 1992, c. 46, s. 81
  • 1995, c. 30, s. 4
  • 1999, c. 34, s. 225
  • 2012, c. 22, s. 19

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 20.

  • R.S., 1985, c. M-5, s. 21
  • 1992, c. 46, s. 81

Marginal note:Saving provision

 Nothing in section 21 shall prejudice any right that a child of an earlier marriage of a member or former member has to an allowance under section 20.

  • R.S., 1985, c. M-5, s. 22
  • 1992, c. 46, s. 81

 [Repealed, 2000, c. 12, s. 177]

Marginal note:Duration of entitlement

 An allowance under section 20

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

  • (b) begins to be payable, 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, 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 20(1)(a), continues during the lifetime of the recipient.

  • R.S., 1985, c. M-5, s. 24
  • 1992, c. 46, s. 81
  • 1995, c. 30, s. 6
  • 2000, c. 12, s. 177

Marginal note:Election for benefit

  •  (1) If the person to whom a former member is married or with whom he or she 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 this Part; and

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

  • 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 45(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.

  • R.S., 1985, c. M-5, s. 25
  • 1992, c. 46, s. 81
  • 2000, c. 12, s. 177
  • 2012, c. 22, s. 20
 
Date modified: