Members of Parliament Retiring Allowances Act

Marginal note:Compensation allowance in respect of sessional indemnity

• 36 (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 contributions made under this Part, other than those made in respect of any amount paid by way of salary or annual allowance or those made under subsection 34(2), a compensation allowance equal to the average annual sessional indemnity of that person multiplied by the same number of years or portions of years of pensionable service to the credit of that person as is calculated for the purpose of paragraph 16(1)(b) in accordance with subsections 16(5) and (6), multiplied by

  • (a) in respect of contributions made as a member of the House of Commons,

    • (i) where the person has not reached 60 years of age,

      • (A) 0.05 for the years or 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,

      • (B) 0.04 for the years or 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 pursuant to an election referred to in clause (A), and

      • (C) 0.03 for the years or 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, otherwise than pursuant to an election referred to in clause (A) or (B),

    • (ii) subject to subparagraphs (iii) and (iv), where the person has reached 60 years of age,

      • (A) 0.03 for the years or 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,

      • (B) 0.02 for the years or 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 pursuant to an election referred to in clause (A), and

      • (C) 0.01 for the years or 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, otherwise than pursuant to an election referred to in clause (A) or (B),

    • (iii) where the person has reached 71 years of age and contributed after that,

      • (A) 0.05 for the years or portions of years of pensionable service calculated by reference to those contributions made, or in respect of which an election was made, in the period commencing on the later of the 71st birthday and January 1, 1992 and ending on July 12, 1995, and

      • (B) 0.04 for the years or portions of years of pensionable service calculated by reference to those contributions made, in the period commencing on the later of the 71st birthday and July 13, 1995 and ending on December 31, 2000, or in respect of which an election was made during that period, other than contributions made pursuant to an election referred to in clause (A), and

    • (iv) where the person has reached 69 years of age and contributed after that, 0.03 for the years or portions of years of pensionable service calculated by reference to those contributions made on or after the later of the 69th birthday and January 1, 2001, or in respect of which an election was made on or after that date, other than contributions made pursuant to an election referred to in subparagraph (iii); and

  • (b) in respect of contributions made as a member of the Senate,

    • (i) where the person has not reached sixty years of age, 0.03,

    • (ii) subject to subparagraph (iii), where the person has reached sixty years of age, 0.01, and

    • (iii) where the person has reached 69 years of age and contributed after that, 0.03 for the years or portions of years of pensionable service calculated by reference to those contributions made on or after the 69th birthday, otherwise than pursuant to an election made before that birthday.

• Marginal note:Special case

  (2) For the purposes of calculating the compensation allowance payable under subsection (1) to a person who, on or after July 13, 1995 and before January 1, 2001, elected to contribute under this Part in respect of any session or part of a session before that date, the multipliers referred to in paragraph (1)(a) shall, in lieu of the numbers set out in that paragraph, be

  • (a) where the person has not reached 60 years of age, 0.04;

  • (b) subject to paragraph (c), where the person has reached 60 years of age, 0.02; and

  • (c) where the person has reached 71 years of age and contributed thereafter, 0.04 for the years or portions of years of pensionable service calculated by reference to those contributions made on or after the 71st birthday, otherwise than pursuant to an election made before that birthday.

• Marginal note:Special case

  (3) For the purposes of calculating the compensation allowance payable under subsection (1) to a person who, on or after January 1, 2001, elected to contribute under this Part in respect of any session or part of a session before that date, the multipliers referred to in paragraph (1)(a) shall, in lieu of the numbers set out in that paragraph, be

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

  • (b) subject to paragraph (c), where the person has reached 60 years of age, 0.01; and

  • (c) where the person has reached 69 years of age and contributed after that, 0.03 for the years or portions of years of pensionable service calculated by reference to those contributions made on or after the 69th birthday, otherwise than pursuant to an election made before that birthday.

• Marginal note:Exception

  (4) Clauses (1)(a)(i)(B), (ii)(B) and (iii)(B) and subsection (2) shall apply instead of clauses (1)(a)(i)(C) and (ii)(C), subparagraph (1)(a)(iv) and subsection (3) in respect of a period of pensionable service to a member’s credit pursuant to an election made under subsection 10(1) or 32(1) on or after November 27, 2000 and before November 27, 2001, or under subsection 10(1.1) or 32(1.1).