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

Act current to 2020-11-17 and last amended on 2019-06-21. Previous Versions

PART ISuperannuation (continued)

Regulations (continued)

Marginal note:Regulations

  •  (1) The Governor in Council may make regulations

    • (a) fixing an annual rate of pay for the purposes of subsection 5(5) or paragraph 10(4)(b) or prescribing the manner of determining the annual rate of pay;

    • (a.1) determining, for the purposes of paragraphs (b) to (d) of the definition service in the force in subsection 3(1), who is a police officer;

    • (b) prescribing the time at which and the manner in which an election may be made under subsection 6.1(1);

    • (c) prescribing, for the purposes of subsection 6.1(4), the portion of the period of leave of absence that shall be counted as pensionable service under clause 6(a)(ii)(A);

    • (c.1) prescribing the number of hours per week and the number of days per year for the purposes of subsection 5(6), clauses 6(b)(ii)(F.1), (M) and (N) and paragraph 7(1)(i);

    • (c.2) respecting the manner of determining the amount of a transfer value within the meaning of subsection 9(1), the terms and conditions under which a contributor may become entitled to a transfer value and any other matters that the Governor in Council considers necessary for the purposes of carrying out section 12.1;

    • (c.3) respecting the manner in which and the determination of the balances on which interest is to be calculated under subsection 9(6) and respecting the rates of interest for the purposes of paragraph 9(6)(b);

    • (d) notwithstanding any regulations made under paragraph 26(c), determining the amounts to be paid under paragraph 7(1)(i);

    • (e) respecting the election that may be made under section 14.1, including regulations respecting

      • (i) the time, manner and circumstances in which an election may be made, revoked or deemed to have been revoked,

      • (ii) the reduction to be made in the amount of an annuity or annual allowance when an election is made,

      • (iii) the amount of the immediate annual allowance to be paid under subsection 14.1(2), and

      • (iv) any other matter that the Governor in Council considers necessary for carrying out the purposes and provisions of section 14.1;

    • (f) and (g) [Repealed, 2000, c. 12, s. 290]

    • (h) respecting the rates at which interest shall be credited to the Superannuation Account under paragraph 29(1)(b), the manner in which it shall be calculated and the times at which it shall be credited to the Account;

    • (h.1) respecting the additional information that is required to be included in annual reports referred to in section 31;

    • (h.2) prescribing periods of service in the Force and periods of pensionable service for the purposes of sections 11, 12.1, 13 and 14, these periods being in no case shorter than two years or longer than, in the case of paragraphs 11(7)(a) and 11(8)(a) and sections 13 and 14, five years, in the case of paragraphs 11(1)(a), 11(2)(a), 11(3)(a) and 11(5)(a), subparagraph 11(9)(b)(iii), subsection 11(11) and section 12.1, ten years, in the case of paragraphs 11(3)(c) and 11(5)(c), twenty years, in the case of paragraph 11(5)(d) and subparagraph 11(9)(b)(ii), twenty-five years, in the case of paragraph 11(9)(a) and clause 11(9)(b)(iii)(B), thirty years, and in the case of subsection 11(12), thirty-five years;

    • (h.3) prescribing classes of pension plans or retirement savings plans for the purposes of subsection 24.1(1) and respecting the extent to which, and the terms and conditions subject to which, service may be counted as pensionable service pursuant to subsection 24.1(9);

    • (h.4) respecting the manner in which and extent to which any provision of this Act or any regulations made under this Act apply to a member of the Force who is engaged to work at least the number of hours per week or the number of days per year prescribed in regulations made under paragraph (c.1) and adapting any of those provisions for the purposes of that application;

    • (h.5) respecting the terms and conditions under which and the time and manner in which an election may be made in respect of a period of service specified in clauses 6(b)(ii)(F.1) and (L) to (P), the manner of determining in accordance with paragraph 7(1)(i) the amounts that are to be paid in respect of that election, the periods of service that may be counted for the purposes of that election, and the manner in which and extent to which section 8 and any regulations referred to in section 8 apply in respect of that election and to any contributor who makes that election and adapting any of those provisions for the purposes of that application;

    • (h.6) prescribing ages for the purposes of subsection 11(9), these ages being no greater than, in the case of paragraph 11(9)(a) and subparagraph 11(9)(b)(iii), fifty-five years of age and in the case of subparagraph 11(9)(b)(ii), fifty years of age; and

    • (i) generally as the Governor in Council may consider necessary for carrying out and giving effect to any provision of this Act referred to in this subsection.

  • Marginal note:Retroactive application of regulations

    (2) Regulations made under paragraph (1)(a), (c), (d), (h) or (h.4) may, if they so provide, have retroactive effect.

  • 1992, c. 46, s. 77
  • 1999, c. 34, s. 194
  • 2000, c. 12, s. 290
  • 2003, c. 26, s. 62
  • 2009, c. 13, s. 8
  • 2012, c. 31, s. 511

Marginal note:Regulations respecting leave of absence

  •  (1) For the purposes of this Part, a person who has contributed to the Superannuation Account or the Royal Canadian Mounted Police Pension Fund in accordance with any regulation made under paragraph 26(c) in respect of any period during which he or she was absent from the Force on leave of absence without pay shall be deemed to have contributed to the Superannuation Account or the Royal Canadian Mounted Police Pension Fund,

    • (a) if that period or a portion of it was before 1966, in the manner and at the rates set forth in subsection 5(1) as it read on December 31, 1965, in respect of that period or portion,

    • (b) if that period or a portion of it was after 1965 and before April 1, 1969, in the manner and at the rates set forth in subsection 5(1) as it read immediately before April 1, 1969 in respect of that period or portion,

    • (c) if that period or a portion of it was after March 31, 1969 and before January 1, 2000, in the manner and at the rates set forth in subsection 5(1), as it reads on December 31, 1999, in respect of that period or portion,

    • (d) if that period or any portion of it was after 1999 but before January 1, 2004, in the manner and at the rates set out in subsection 5(1), as it read on December 31, 2003, in respect of that period or portion,

    • (e) if that period or any portion of it was after 2003 but before January 1, 2013, in the manner and at the rates determined under subsection 5(2), as it read on December 31, 2012, in respect of that period or portion, and

    • (f) if that period or any portion of it was after 2012, in the manner set out in subsection 5(1) and at the rates determined by the Treasury Board under that subsection, in respect of that period or portion,

    and to have received, during that period, pay and allowances at a rate equal to the rate of pay and allowances that would have been authorized to be paid to him or her if he or she had not been so absent on leave of absence without pay.

  • Marginal note:Members of Parliament and Senators

    (2) Notwithstanding anything in this Part, the Governor in Council may by regulation

    • (a) provide that the service of a former member of the House of Commons or a former Senator in respect of which he or she made contributions under the Members of Parliament Retiring Allowances Act may, to the extent and subject to the conditions that may be prescribed by the regulations, be counted by that former member or former Senator as pensionable service for the purposes of this Part; and

    • (b) provide for the transfer to the Superannuation Account or the Royal Canadian Mounted Police Pension Fund of amounts in the Retiring Allowances Account, within the meaning of that Act, in respect of him or her.

  • R.S., 1985, c. R-11, s. 27
  • 1999, c. 34, s. 195
  • 2012, c. 31, s. 512

Payments out of Account

Marginal note:Payments out of Superannuation Account

  •  (1) All amounts required for the payment of benefits for which this Part, including the benefits referred to in subsection 26(3) of the Royal Canadian Mounted Police Superannuation Act, chapter 34 of the Statutes of Canada, 1959, and Part III make provision shall be paid out of the Superannuation Account if the benefits are payable in respect of pensionable service to the credit of a contributor before April 1, 2000.

  • Marginal note:Transfer of amounts

    (2) The amounts deposited in the Royal Canadian Mounted Police Superannuation Investment Fund under subsection 29.1(2) shall be transferred to the Public Sector Pension Investment Board within the meaning of the Public Sector Pension Investment Board Act to be dealt with in accordance with that Act.

  • Marginal note:Payment of benefits

    (3) If there are insufficient amounts in the Superannuation Account to pay all the benefits referred to in subsection (1), the amounts required for the payment of those benefits shall be charged to the Royal Canadian Mounted Police Superannuation Investment Fund and paid out of the assets of the Public Sector Pension Investment Board.

  • R.S., 1985, c. R-11, s. 28
  • 1999, c. 34, s. 196
 
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