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

Act current to 2022-11-16 and last amended on 2019-06-21. Previous Versions

PART ISuperannuation (continued)

Benefits: How Computed, etc. (continued)

Marginal note:Computation of annuities

  •  (1) The amount of any annuity to which a contributor may become entitled under this Part is an amount equal to the aggregate of

    • (a) an amount equal to

      • (i) the number of years of pensionable service to the credit of the contributor occurring in the period preceding the day on which this subsection comes into force, not exceeding thirty-five, divided by fifty,

      multiplied by

      • (ii) the average annual pay received by the contributor during any five-year period of pensionable service selected by or on behalf of the contributor, or during any period so selected consisting of consecutive periods of pensionable service totalling five years, or

      • (iii) in the case of a contributor who has to the contributor’s credit less than five years of pensionable service, the average annual pay received by the contributor during the period of pensionable service to the contributor’s credit, and

    • (b) an amount equal to

      • (i) the number of years of pensionable service to the credit of the contributor occurring in the period on and after the day on which this subsection comes into force, not exceeding thirty-five years less the number of years of pensionable service to the credit of the contributor under subparagraph (a)(i), divided by fifty,

      multiplied by the lesser of

      • (ii) the average annual pay received by the contributor during the period referred to in subparagraph (a)(ii) or (iii), as applicable, and

      • (iii) the annual rate of pay that is fixed by the regulations made under paragraph 26.1(1)(a), or that may be determined in the manner prescribed by those regulations, and in force on the day on which the contributor most recently ceased to be a member of the Force.

  • Marginal note:Deduction from annuity

    (2) Notwithstanding subsection (1), unless the Minister is satisfied that a contributor

    • (a) has not reached the age of sixty-five years, and

    • (b) has not become entitled to a disability pension payable under paragraph 44(1)(b) of the Canada Pension Plan or a provision of a provincial pension plan similar to the Canada Pension Plan,

    there shall be deducted from the amount of any annuity to which that contributor is entitled under this Part an amount equal to the percentage, as set out in subsection (2.1), of

    • (c) the average annual pay received by the contributor during the period of pensionable service described in subsection (1) applicable to him or her, not exceeding his or her Average Maximum Pensionable Earnings,

    multiplied by

    • (d) the number of years of pensionable service after 1965 or after he or she has attained the age of eighteen years, whichever is the later, to the credit of the contributor, not exceeding thirty-five, divided by fifty.

  • Marginal note:Percentages

    (2.1) For the purposes of subsection (2), the percentage that applies in respect of a contributor is

    • (a) 35%, if the contributor was born before 1943;

    • (b) 34.25%, if the contributor was born in 1943;

    • (c) 33.5%, if the contributor was born in 1944;

    • (d) 32.75% if the contributor was born in 1945;

    • (e) 32%, if the contributor was born in 1946; and

    • (f) 31.25%, if the contributor was born after 1946.

  • Marginal note:Definitions

    (3) For the purposes of subsection (2),

    Average Maximum Pensionable Earnings

    Average Maximum Pensionable Earnings means, with respect to any contributor, the average of the Year’s Maximum Pensionable Earnings for the year in which he or she ceased to be a member of the Force and for each of the four preceding years; (moyenne des maximums des gains ouvrant droit à pension)

    Year’s Maximum Pensionable Earnings

    Year’s Maximum Pensionable Earnings has the same meaning as in the Canada Pension Plan. (maximum des gains annuels ouvrant droit à pension)

  • Marginal note:Pay deemed to have been received during certain periods

    (4) For the purposes of this section,

    • (a) a person who has to his credit pensionable service that includes any period described in any of clauses 6(b)(ii)(A) to (G) shall be deemed to have received during that period pay at a rate equal to the rate of pay on the basis of which the amount required by this Act to be paid by him for that period of service was determined.

    • (b) a person who has to their credit pensionable service that includes any period described in any of clauses 6(b)(ii)(L), (O) and (P) and subsection 24.1(9) is deemed to have received during that period the annual rate of pay that is fixed by or determined in the manner prescribed by the regulations.

  • Marginal note:Computation of average annual pay

    (5) For the purposes of subparagraphs (1)(a)(ii) and (iii), a period of service during which a person continues to be a member of the Force and is required to make contributions under subsection 5(2), or was required to make contributions under subsection 5(5), (6) or (7) as it read on December 31, 2012, is deemed to be a period of pensionable service to his or her credit.

  • Marginal note:Application

    (6) Subparagraphs (1)(a)(ii) and (iii), as enacted by subsection 16(1) of the Budget Implementation Act, 1999, apply with respect to benefits payable to or in respect of a person who contributes under section 5 on or after June 17, 1999 but do not apply to a person who became entitled to an annuity before that date, is re-appointed to or re-enlisted in the Force and is a contributor referred to in section 23 and who, on subsequently ceasing to be a member of the Force, is only entitled to a return of contributions.

  • Marginal note:Application

    (7) The definition Average Maximum Pensionable Earnings in subsection (3), as enacted by subsection 16(2) of the Budget Implementation Act, 1999, applies only with respect to deductions from annuities made under subsection (2) that take effect on or after the day on which this subsection comes into force.

  • R.S., 1985, c. R-11, s. 10
  • 1992, c. 46, s. 68
  • 1999, c. 26, s. 16, c. 34, s. 177
  • 2003, c. 26, s. 58
  • 2006, c. 4, s. 206
  • 2009, c. 13, s. 4
  • 2012, c. 31, s. 508

Payment of Benefits

Marginal note:Benefits payable on retirement

  •  (1) A contributor who, having reached retirement age, ceases to be a member of the Force for any reason other than disability or misconduct is entitled to a benefit determined as follows:

    • (a) if he or she has served in the Force for a period that is less than the period prescribed by the regulations for the purposes of this paragraph, he or she is entitled to

      • (i) a return of contributions, or

      • (ii) a cash termination allowance,

      whichever is the greater; and

    • (b) if he or she has served in the Force for a period equal to or greater than the period prescribed by the regulations for the purposes of paragraph (a), he or she is entitled to an immediate annuity.

  • Marginal note:Retirement due to disability

    (2) A contributor who is compulsorily retired from the Force by reason of having become disabled is entitled to a benefit determined as follows:

    • (a) if he or she has to his or her credit a period of pensionable service less than the period prescribed by the regulations for the purposes of this paragraph, he or she is entitled to

      • (i) a return of contributions, or

      • (ii) a cash termination allowance,

      whichever is the greater; and

    • (b) if he or she has to his or her credit a period of pensionable service equal to or greater than the period prescribed by the regulations for the purposes of paragraph (a), he or she is entitled to an immediate annuity.

  • Marginal note:Retirement to promote economy or efficiency

    (3) A contributor who, not having reached retirement age, is compulsorily retired from the Force to promote economy or efficiency is entitled to a benefit determined as follows:

    • (a) if he or she has served in the Force for a period that is less than the period prescribed by the regulations for the purposes of this paragraph, he or she is entitled to a return of contributions;

    • (b) if he or she has served in the Force for a period equal to or greater than the period prescribed by the regulations for the purposes of paragraph (a) but less than the period prescribed by the regulations for the purposes of paragraph (c), he or she is entitled to

      • (i) [Repealed, 2003, c. 26, s. 45]

      • (ii) a deferred annuity, or

      • (iii) in the case of a contributor whose retirement is due to a reduction in the total number of members of the Force, and in any other case in the discretion of the Treasury Board, an immediate annuity, reduced, until the time that the contributor reaches sixty-five years of age but not after that, by five per cent for each full year not exceeding six by which the period of service in the Force is less than the period prescribed by the regulations for the purposes of paragraph (c),

      at his or her option; and

    • (c) if he or she has served in the Force for a period equal to or greater than the period prescribed by the regulations for the purposes of this paragraph, he or she is entitled to an immediate annuity.

  • Marginal note:Dismissal for misconduct

    (4) A contributor who is compulsorily retired from the Force by reason of misconduct is entitled to

    • (a) a return of contributions; or

    • (b) in the discretion of the Treasury Board, the whole or any part specified by the Treasury Board of any benefit to which he or she would have been entitled under this section if

      • (i) in the case of a contributor who at the time of his or her retirement had reached retirement age, he or she had ceased to be a member of the Force for any reason other than disability or misconduct, or

      • (ii) in the case of a contributor who at the time of his or her retirement had not reached retirement age, he or she had been compulsorily retired from the Force to promote economy or efficiency due to a reduction in the total number of members of the Force,

      except that in no case shall the capitalized value of the benefit be less than the amount of the return of contributions referred to in paragraph (a).

  • Marginal note:Retirement for other reasons

    (5) A contributor who, not having reached retirement age, ceases to be a member of the Force for any reason other than disability, misconduct or to promote economy or efficiency is entitled to a benefit determined as follows:

    • (a) if the contributor has served in the Force for a period that is less than the period prescribed by the regulations for the purposes of this paragraph, the contributor is entitled to a return of contributions;

    • (b) if the contributor has served in the Force for a period equal to or greater than the period prescribed by the regulations for the purposes of paragraph (a) but less than the period prescribed by the regulations for the purposes of paragraph (c), the contributor is entitled to a deferred annuity;

    • (c) if the contributor has served in the Force for a period equal to or greater than the period prescribed by the regulations for the purposes of this paragraph but less than the period prescribed by the regulations for the purposes of paragraph (d), the contributor is entitled to an annual allowance payable immediately on the contributor ceasing to be a member of the Force reduced by five per cent for each full year by which

      • (i) the period of the contributor’s service in the Force is less than the period prescribed by the regulations for the purposes of paragraph (d), or

      • (ii) the contributor’s age at the time of retirement is less than the retirement age applicable to the contributor’s rank,

      whichever is the lesser; and

    • (d) if the contributor has served in the Force for a period equal to or greater than the period prescribed by the regulations for the purposes of this paragraph, the contributor is entitled to an immediate annuity.

  • (6) [Repealed, 1999, c. 34, s. 178]

  • Marginal note:Benefits payable on retirement

    (7) When a contributor who is a member of the Force not holding a rank in the Force, having reached retirement age, ceases to be a member of the Force for any reason other than misconduct, he or she is entitled,

    • (a) if at the time he or she ceases to be a member of the Force, he or she has to his or her credit a period of pensionable service less than the period prescribed by the regulations for the purposes of this paragraph, to a return of contributions; and

    • (b) if at the time he or she ceases to be a member of the Force he or she has to his or her credit a period of pensionable service equal to or greater than the period prescribed by the regulations for the purposes of paragraph (a), to an immediate annuity.

  • Marginal note:Retirement due to disability

    (8) When a contributor who is a member of the Force not holding a rank in the Force is compulsorily retired from the Force by reason of having become disabled, he or she is entitled,

    • (a) if at the time he or she is so compulsorily retired he or she has to his or her credit a period of pensionable service less than the period prescribed by the regulations for the purposes of this paragraph, to

      • (i) a return of contributions, or

      • (ii) a cash termination allowance,

      whichever is the greater; and

    • (b) if at the time he or she is so compulsorily retired he or she has to his or her credit a period of pensionable service equal to or greater than the period prescribed by the regulations for the purposes of paragraph (a), to an immediate annuity.

  • Marginal note:Contributors with period of service in the Force at least equal to prescribed period

    (9) When a contributor who is a member of the Force not holding a rank in the Force ceases, after serving in the Force for a period equal to or greater than the period prescribed by the regulations for the purposes of paragraph 7(a) but less than the period prescribed for the purposes of subsection (12), to be a member of the Force, for any reason other than disability or misconduct, he or she is entitled,

    • (a) if at the time he or she ceases to be a member of the Force he or she has reached the age prescribed by the regulations for the purposes of this paragraph and has to his or her credit not fewer than the number of years of pensionable service prescribed by the regulations for the purposes of this paragraph, to an annuity payable immediately on his or her ceasing to be a member of the Force; or

    • (b) in any other case, at his or her option,

      • (i) to a deferred annuity, or

      • (ii) if at the time he or she ceases to be a member of the Force he or she has reached the age prescribed by the regulations for the purposes of this subparagraph and has to his or her credit not fewer than the number of years of pensionable service prescribed by the regulations for the purposes of this subparagraph, to an annual allowance, payable immediately on exercising the option, equal to the amount of the deferred annuity referred to in subparagraph (i) reduced by the product obtained by multiplying five per cent of the amount of that annuity by

        • (A) the age prescribed by the regulations for the purposes of paragraph (a) minus his or her age in years, to the nearest one-tenth of a year, on exercising the option, or

        • (B) the number of years of pensionable service prescribed by the regulations for the purposes of paragraph (a) minus the number of years, to the nearest one-tenth of a year, of pensionable service to his or her credit,

        whichever is the greater,

      • (iii) if at the time he or she ceases to be a member of the Force, he or she has reached the age prescribed by the regulations for the purposes of this subparagraph, has been a member of the Force for a period of or for periods totalling at least the number of years prescribed by the regulations for the purposes of this subparagraph and does not voluntarily cease to be a member of the Force, to an annual allowance, payable immediately on his or her so ceasing to be a member of the Force, equal to the amount of the deferred annuity referred to in subparagraph (i) reduced by the product obtained by multiplying

        • (A) five per cent of the amount of that annuity

        by

        • (B) the number of years of pensionable service prescribed by the regulations for the purposes of this clause minus the number of years, to the nearest one-tenth of a year, of pensionable service to his or her credit,

        except that in any such case the whole or any part of the reduction provided for by this subparagraph may be waived by the Treasury Board, or

      • (iv) to an annual allowance, payable

        • (A) immediately on exercising the option, in the case of a contributor who has reached the age prescribed by the regulations for the purposes of subparagraph (b)(ii), or

        • (B) on his or her reaching the age prescribed by the regulations for the purposes of subparagraph (b)(ii), in the case of a contributor who exercises the option when less than that age,

        which allowance shall be equal to the amount of the deferred annuity referred to in subparagraph (i) reduced by the product obtained by multiplying

        • (C) five per cent of the amount of that annuity

        by

        • (D) sixty minus his or her age in years, to the nearest one-tenth of a year, at the time the allowance becomes payable.

      • (v) [Repealed, 2003, c. 26, s. 45]

  • Marginal note:Dismissal for misconduct

    (10) When a contributor who is a member of the Force not holding a rank in the Force is compulsorily retired from the Force by reason of misconduct, he or she is entitled

    • (a) to a return of contributions; or

    • (b) with the consent of the Treasury Board, to the whole or any part specified by the Treasury Board of any benefit to which he or she would have been entitled under subparagraph (5)(b)(ii) or under subsection (7), (8), (9) or (12) had he or she, at the time of dismissal, ceased to be a member of the Force for a reason other than misconduct, except that in no case shall the capitalized value of the benefit be less than the return of contributions referred to in paragraph (a).

  • Marginal note:Return of contributions

    (11) Despite anything in this section, except as provided for in subsection (2), (7), (8), (10) or (11.1), a contributor who ceases to be a member of the Force after serving in the Force for a period less than the period prescribed by the regulations for the purposes of paragraph (7)(a) is entitled only to a return of contributions.

  • Marginal note:Entitlement to deferred annuity

    (11.1) A contributor who ceases to be a member of the Force after serving in the Force for a period less than the period prescribed by the regulations for the purposes of paragraph (7)(a) is entitled to a deferred annuity if they

    • (a) have to their credit two or more years of pensionable service in respect of which they have made an election under subsection 24(5) or under any regulations made under subsection 27(2); and

    • (b) are not entitled to an immediate annuity.

  • Marginal note:Members not holding a rank in the Force

    (12) A member of the Force not holding a rank in the Force is entitled to an immediate annuity if that person has served in the Force for a period equal to or greater than the period prescribed by the regulations for the purposes of this subsection.

  • Marginal note:Service in Force

    (13) For the purposes of this section, in calculating the length of service in the Force of a contributor, there shall not be included any period of service in respect of which they were paid a return of contributions or other lump sum payment under this Part and for which they did not elect to pay.

  • R.S., 1985, c. R-11, s. 11
  • 1992, c. 46, s. 69
  • 1999, c. 34, s. 178
  • 2003, c. 26, s. 45
  • 2009, c. 13, s. 5
 
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