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Royal Canadian Mounted Police Superannuation Act (R.S.C., 1985, c. R-11)

Act current to 2020-11-02 and last amended on 2019-06-21. Previous Versions

Royal Canadian Mounted Police Superannuation Act

R.S.C., 1985, c. R-11

An Act respecting the superannuation of members of the Royal Canadian Mounted Police

Short Title

Marginal note:Short title

 This Act may be cited as the Royal Canadian Mounted Police Superannuation Act.

  • R.S., c. R-11, s. 1

Equality of Status

Marginal note:Status of males and females

 Male and female contributors under this Act have equality of status and equal rights and obligations under this Act.

  • 1974-75-76, c. 81, s. 54

Interpretation

Marginal note:Definitions

  •  (1) In this Act,

    active service

    active service means any service that is specified in the regulations to be active service and is deemed for the purposes of this Act to have terminated on discharge or, in the case of a person who underwent treatment in a veterans’ hospital, as defined in the regulations, immediately following their discharge, on their release from that hospital; (activité de service)

    child

    child means a child or stepchild of — or an individual adopted either legally or in fact by — a contributor, who at the time of the contributor’s death was dependent on the contributor for support; (enfant)

    contributor

    contributor means a person who is required by section 5 to contribute to the Royal Canadian Mounted Police Pension Fund, and includes, unless the context otherwise requires,

    • (a) a person who has ceased to be required by this Act to contribute to the Superannuation Account or the Royal Canadian Mounted Police Pension Fund, and

    • (b) for the purposes of sections 15 to 19 and 22, a contributor under Part V of the former Act who has been granted a pension or annual allowance under that Act or has died; (contributeur)

    disabled

    disabled, except in Part II, as applied to any member of the Force, means incapable, by reason of any condition, of performing their duties as a member of the Force, and, for the purposes of section 12 as applied to any person, means ordinarily incapable, by reason of any condition, of pursuing any substantially gainful occupation; (invalide)

    Force

    Force means the Royal Canadian Mounted Police; (Gendarmerie)

    former Act

    former Act means the Royal Canadian Mounted Police Act, chapter 241 of the Revised Statutes of Canada, 1952, as it read before April 1, 1960, and includes, unless the context otherwise requires, any other Act of Parliament providing for the payment of pensions to members of the Force based on length of service, other than this Act; (ancienne loi)

    member of the Force

    member of the Force means a member of the Force, as those terms are defined in the Royal Canadian Mounted Police Act, holding a rank in the Force, and any other member of the Force, as those terms are defined in that Act, of a class designated in accordance with the regulations for the purposes of this Act; (membre de la Gendarmerie)

    Minister

    Minister means the Minister of Public Safety and Emergency Preparedness; (ministre)

    officer

    officer means a commissioned officer of the Force; (officier)

    pay

    pay means,

    • (a) as applied to the Force, the pay of the substantive rank held by the person in respect of whom the expression is being applied, not including the pay of acting rank or extra pay for staff or similar temporary appointments, or, in the case of a person not holding a rank in the Force, the salary or other remuneration for the performance of the regular duties of that person as a member of the Force, together with such allowances by way of compensation or otherwise as are prescribed by the regulations, and

    • (b) as applied to the public service or the Canadian Forces, the salary or pay and allowances, as the case may be, applicable in the case of that person, as determined under the Public Service Superannuation Act or the Canadian Forces Superannuation Act; (solde)

    provincial pension plan

    provincial pension plan has the same meaning as in the Canada Pension Plan; (régime provincial de pensions)

    public service

    public service has the same meaning as in subsection 3(1) of the Public Service Superannuation Act; (fonction publique)

    regular force

    regular force means the regular force of the Canadian Forces and includes

    • (a) the forces known before February 1, 1968 as the regular forces of the Canadian Forces, and

    • (b) the forces known before February 1, 1968 as the Royal Canadian Navy, the Canadian Army Active Force, the Permanent Active Militia, the Permanent Militia Corps, the permanent staff of the Militia, the Royal Canadian Air Force (Regular) and the Permanent Active Air Force; (force régulière)

    retirement age

    retirement age, as applied to any rank or class of contributor, means such age as is fixed by the regulations as the retirement age applicable to that rank or class; (âge de retraite)

    Royal Canadian Mounted Police Pension Fund

    Royal Canadian Mounted Police Pension Fund means the fund established under section 29.2; (Caisse de retraite de la Gendarmerie royale du Canada)

    Royal Canadian Mounted Police Superannuation Investment Fund

    Royal Canadian Mounted Police Superannuation Investment Fund means the fund established under section 29.1; (Fonds de placement du compte de pension de retraite de la Gendarmerie royale du Canada)

    service in the Force

    service in the Force includes any period of service

    • (a) as a special constable of the Force before April 1, 1960,

    • (b) as a police officer that is counted as pensionable service under subsection 24.1(9),

    • (c) as a police officer that is described in clause 6(b)(ii)(A) or (L) if the contributor elects to pay for that service, and

    • (d) as a police officer or as a member of the Force that forms part of any period of service described in any of clauses 6(b)(ii)(H), (I), (O) and (P) if the contributor elects to pay for that service; (service dans la Gendarmerie)

    Superannuation Account

    Superannuation Account means the Royal Canadian Mounted Police Superannuation Account referred to in section 4; (compte de pension de retraite)

    supplementary benefit

    supplementary benefit means a supplementary benefit payable under Part III; (prestation supplémentaire)

    survivor

    survivor, in relation to a contributor, means

    • (a) a person who was married to the contributor at the time of the contributor’s death, or

    • (b) a person referred to in subsection 18(1); (survivant)

    World War I

    World War I means the war that was declared on August 4, 1914 and that is deemed, for the purposes of this Act, to have terminated on August 31, 1921; (Première Guerre mondiale)

    World War II

    World War II means the war that was declared on September 10, 1939 and that is deemed, for the purposes of this Act, to have terminated on September 30, 1947. (Seconde Guerre mondiale)

  • Marginal note:References to Canadian Forces Superannuation Act

    (2) A reference in this Act to the Canadian Forces Superannuation Act includes a reference to any other Act of Parliament in force either before or after April 1, 1960 providing for the payment of pensions to members of the Canadian Forces based on length of service.

  • Marginal note:Persons employed under Royal Canadian Mounted Police Act

    (3) For the purposes of this Act, the Public Service Superannuation Act and the Canadian Forces Superannuation Act, a person who is employed under the authority of the Royal Canadian Mounted Police Act but who is not a member of the Force is deemed to be employed in the public service, and any period of service of a person during which they were employed under the authority of that Act but were not a member of the Force or during which they were a person to whom Part VII of the former Act applied is deemed to be a period of service during which they were employed in the public service.

  • Marginal note:Pensionable employment

    (4) Except as provided in the regulations, employment as a member of the Force is not excepted employment for the purposes of the Canada Pension Plan.

  • R.S., 1985, c. R-11, s. 3
  • 1992, c. 46, s. 60
  • 1999, c. 34, s. 169
  • 2003, c. 22, s. 225(E)
  • 2005, c. 10, s. 34
  • 2009, c. 13, s. 2
  • 2012, c. 31, s. 504
 
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