Members of Parliament Retiring Allowances Act

Marginal note:Allowance on ceasing to be a member on or after January 1, 1992

• 16 (1) Subject to sections 58 and 59, where a person ceases to be a member on or after January 1, 1992, 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, there shall be paid to that person during the lifetime of that person in respect of all those contributions, other than those made under this Part in respect of any amount paid by way of salary or annual allowance or under subsection 12(2) of this Act or under subsection 21(5) or (7) of the former Act, a retirement allowance equal to the average annual sessional indemnity of the person multiplied by

  • (a) with respect to each year or portion of a year of pensionable service calculated in accordance with subsections (3), (4) and (6), the number of those years multiplied by 0.03, in the case of a member of the Senate, and by 0.05, in the case of a member of the House of Commons; and

  • (b) subject to subsection (2), with respect to each year or portion of a year of pensionable service calculated in accordance with subsections (5) and (6), the number of those years multiplied by 0.02.

• Marginal note:Age limitation

  (2) The portion of a retirement allowance that is payable to a person under paragraph (1)(b) is not payable unless the person has reached sixty years of age.

• Marginal note:Calculation of years of pensionable service to the credit of Senators before January 1, 1992

  (3) For the purposes of paragraph (1)(a), in respect of time spent as a member of the Senate before January 1, 1992, 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 six per cent of the sessional indemnity payable to a member of the Senate during any period of twelve months beginning on April 4, 1965, or on April 4 of any subsequent year, that the person has contributed or elected to contribute on the amount received as a member of the Senate by way of sessional indemnity in respect of sessions held in whole or in part during that period of twelve months.

• Marginal note:Calculation of years of pensionable service to the credit of members of the House of Commons before January 1, 1992

  (4) For the purposes of paragraph (1)(a), in respect of time spent as a member of the House of Commons before January 1, 1992, 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 ten per cent of the sessional indemnity payable to a member of the House of Commons during any period of twelve months beginning on April 8 of any year, that the person has contributed or elected to contribute on the amount received as a member of the House of Commons by way of sessional indemnity in respect of sessions held in whole or in part during that period of twelve months.

• Marginal note:Calculation of years of pensionable service after January 1, 1992

  (5) For the purposes of paragraph (1)(b), in respect of time spent as a member on or after January 1, 1992, or any period of pensionable service in respect of which an election under section 10 has been made 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 a member during any period of twelve months beginning

  • (a) in respect of members of the House of Commons, on April 8 of any year, and

  • (b) in respect of members of the Senate, on April 4 of any year,

  that the person has contributed or elected to contribute under this Part on the amount received as a member by way of sessional indemnity in respect of sessions held in whole or in part during that period of twelve months.

• Marginal note:Idem

  (6) Where any amount that a person referred to in subsection (3), (4) or (5) has contributed or elected to contribute under this Part or Part I or III of the former Act in respect of any sessions referred to in that subsection is less than the amount set out in that subsection, that person is deemed to have to the credit of the person such portion of a year’s pensionable service as that lesser amount bears to the amount set out in that subsection.