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

Short Title

Marginal note:Short title

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

Equality of Status

Marginal note:Status of males and females

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

Interpretation

Marginal note:Definitions

• 3 (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.

PART ISuperannuation

Eligibility for Benefits

Marginal note:Eligibility

• 4 (1) Subject to this Part, an annuity or other benefit specified in this Act shall be paid to or in respect of every person who, being required to contribute to the Superannuation Account or the Royal Canadian Mounted Police Pension Fund in accordance with this Part, ceases to be a member of the Force or dies, which annuity or other benefit shall, subject to this Part, be based on the number of years of pensionable service to the credit of that person.

• Marginal note:Superannuation Account

  (2) The Royal Canadian Mounted Police Pension Account established in the accounts of Canada pursuant to the former Act is hereby continued under the name of the Royal Canadian Mounted Police Superannuation Account.

Contributions

Marginal note:Contribution rates — 2013 and later

• 5 (1) A member of the Force is required to contribute to the Royal Canadian Mounted Police Pension Fund, in respect of every portion of the period beginning on January 1, 2013, by reservation from pay or otherwise, at the contribution rates determined by the Treasury Board in respect of that portion on the joint recommendation of the President of the Treasury Board and the Minister.

• Marginal note:Contribution rates — 35 years of service

  (2) A person who has to his or her credit, on or after January 1, 2013, a period of pensionable service — or a period of pensionable service and other pensionable service — totalling at least 35 years is not required to contribute under subsection (1) but is required to contribute, by reservation from pay or otherwise, to the Royal Canadian Mounted Police Pension Fund, in respect of the period beginning on the later of January 1, 2013 and the day on which the person has to his or her credit those 35 years, in addition to any other amount required under this Act, at the rates determined by the Treasury Board on the joint recommendation of the President of the Treasury Board and the Minister.

• Marginal note:Limitation — determination of contribution rate

  (3) In determining the contribution rates for the purposes of subsections (1) and (2), the rates must not exceed the rates paid under section 5 of the Public Service Superannuation Act by Group 1 contributors described in subsection 12(0.1) of that Act.

• Marginal note:Other pensionable service

  (4) For the purpose of subsection (2), other pensionable service means years of service giving rise to a superannuation or pension benefit of a kind specified in the regulations that is payable

  • (a) out of the Consolidated Revenue Fund, or out of any account in the accounts of Canada other than the Superannuation Account; or

  • (b) out of the Canadian Forces Pension Fund within the meaning of the Canadian Forces Superannuation Act or the Public Service Pension Fund within the meaning of the Public Service Superannuation Act.

• Marginal note:Contributions not required

  (5) Despite anything in this Part, no person shall, in respect of any period of his or her service on or after December 15, 1994, make a contribution under this Part in respect of any portion of his or her annual rate of pay that is in excess of the annual rate of pay that is fixed by or determined in the manner prescribed by the regulations.

• Marginal note:Exception

  (6) A member of the Force who is engaged to work on average fewer than a number of hours per week or days per year prescribed in the regulations shall not contribute under this Act.

Pensionable Service

Marginal note:Pensionable service

6 Subject to this Part, the following service may be counted by a contributor as pensionable service for the purposes of this Part:

• (a) non-elective service, comprising,

  • (i) in the case of a contributor who, immediately before April 1, 1960, was a contributor under Part V of the former Act, any period of service that he would have been entitled to count for the purpose of computing any pension, allowance or gratuity under that Part had he, at that time, retired from the Force, except any such period for which he elected under that Part to pay, and

  • (ii) in the case of any contributor,

    • (A) any period during which he or she was required by subsections 5(1) and (2), as they read on December 31, 2012, to contribute to the Superannuation Account or the Royal Canadian Mounted Police Pension Fund, and any period during which he or she is required by subsection 5(1) to contribute to the Royal Canadian Mounted Police Pension Fund,

    • (B) any period of service that may be counted by him as pensionable service pursuant to section 23, and

    • (C) any period of service that may be counted by that contributor as pensionable service under subsection 24.1(9); and

• (b) elective service, comprising,

  • (i) in the case of a contributor who, immediately before April 1, 1960, was a contributor under Part V of the former Act,

    • (A) any period of service for which he elected under that Part to pay, and

    • (B) any period of service for which he might have elected, under the provisions of that Part in force immediately before April 1, 1960, to pay, if he elects, within the time prescribed by those provisions, to pay for that service, and

  • (ii) in the case of any contributor,

    • (A) any period of service as a member of a police force of a province or municipality with which the Minister has entered into an arrangement under section 20 of the Royal Canadian Mounted Police Act, that, in accordance with the regulations, may be counted by him as pensionable service for the purpose of this Part, if he elects, within one year of becoming a contributor under this Part, to pay for that service,

    • (B) any period of service on active service in the navy, army or air forces of His Majesty during World War I or World War II, if he elects, within one year of becoming a contributor under this Part, to pay for that service,

    • (C) any period of service in the Canadian Army Special Force established by Order in Council P.C. 3860 of August 7, 1950 made under the National Defence Act, if he elects, within one year of becoming a contributor under this Part, to pay for that service,

    • (D) any period of service in the regular force, if he elects, within one year of becoming a contributor under this Part, to pay for that service,

    • (E) any continuous period of full-time service of six months or more in the Canadian Forces other than the regular force or in the navy, army or air forces of Her Majesty raised by Canada other than the regular force, if he elects, within one year of becoming a contributor under this Part, to pay for that service,

    • (F) any period of service as a member of the Force for which he was not required to contribute under the former Act, if he elects, within one year of becoming a contributor under this Part, to pay for that service,

    • (G) any period of service during which he was employed in the public service on a full-time basis and was in receipt of salary, if he or she elects, within one year of becoming a contributor under this Part, to pay for that service, and any period of service with any board, commission, corporation or portion of the federal public administration that is added to Schedule I to the Public Service Superannuation Act after April 1, 1960, during which he or she was employed on a full-time basis and was in receipt of salary, if he or she elects, within one year of such addition, to pay for that service,

    • (H) any period of service that may be counted by him as pensionable service pursuant to section 24 of this Act or section 18 of the Royal Canadian Mounted Police Superannuation Act, chapter R-11 of the Revised Statutes of Canada, 1970,

    • (I) any period of service in respect of which the contributor was entitled to be paid or was granted a return of contributions or other lump sum payment, other than a transfer value or a commuted value, under this Part or under Part V of the former Act, if the contributor elects, within one year after subsequently becoming a contributor under this Part, to pay for that service,

    • (J) any period of service described in this paragraph for which he might have elected, under this Part, Part V of the former Act, the Civil Service Superannuation Act, chapter 50 of the Revised Statutes of Canada, 1952, the Public Service Superannuation Act, the Canadian Forces Superannuation Act or any order in council made under The Canadian Forces Act, 1950, as amended by the Canadian Forces Act, 1954, to pay, but for which he failed so to elect within the time prescribed therefor, if he elects, at any time before he ceases to be a member of the Force, to pay for that service,

    • (K) any period of service in respect of which the contributor makes an election under subsection 6.1(1), if the contributor elects, at any time before the contributor ceases to be a member of the Force, to pay for that service,

    • (L) any period of service of a kind described in the regulations if the contributor elects within the time specified, and in the manner specified, in the regulations to pay for that service,

    • (M) any period of service in the Public Service, after December 31, 1980 and before the day on which this clause comes into force, during which he or she was engaged to work on average at least a number of hours per week or days per year prescribed in the regulations, if the contributor was a contributor immediately before the day on which this clause comes into force and the contributor elects, within one year after that day, to pay for that service,

    • (N) any period of service in the Public Service, after December 31, 1980, during which he or she was engaged to work on average at least a number of hours per week or days per year prescribed in the regulations, if he or she elects, within one year of becoming a contributor under this Part, to pay for that service,

    • (O) subject to the regulations, any period of service in respect of which payment of a commuted value or a transfer value, as the case may be, to a contributor has been effected in accordance with section 12.1 of this Act, section 22 of the Canadian Forces Superannuation Act or section 13.01 of the Public Service Superannuation Act, if the contributor elects, in accordance with the regulations, to pay for that service, and

    • (P) subject to the regulations, any period of service in respect of which a payment has been made in respect of the contributor pursuant to an agreement entered into under subsection 24.1(2), if the contributor elects, in accordance with the regulations, to pay for that service.