Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

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

PART ISuperannuation (continued)

Pensionable Service (continued)

Marginal note:Election for leave of absence

  •  (1) Subject to subsection (3), where a contributor is or has been absent from the Force on leave of absence without pay for a period that exceeds three months, the contributor may elect, at the time and in the manner prescribed by the regulations, not to count as pensionable service under clause 6(a)(ii)(A) that portion of the period that is in excess of three months.

  • Marginal note:Contributions not required

    (2) Notwithstanding section 5, a contributor who makes an election under subsection (1) is not required to contribute to the Superannuation Account or the Royal Canadian Mounted Police Pension Fund under that section in respect of the portion of the period to which the election relates.

  • Marginal note:Exception

    (3) A contributor is not entitled to make an election under subsection (1) if

    • (a) the period of leave of absence ended before the day on which that subsection comes into force; and

    • (b) the contributor has, before that day, made all of the contributions that are required to be made by the contributor to the Superannuation Account in respect of that period.

  • Marginal note:Transitional

    (4) A contributor who makes an election under subsection (1) in respect of a period of leave of absence that ended before the day on which that subsection comes into force and who has, before that day, made some but not all of the contributions that are required to be made by the contributor to the Superannuation Account in respect of that period shall, at the time the election is made, cease to be required to make any further contributions to the Superannuation Account in respect of that period and shall count as pensionable service under clause 6(a)(ii)(A) such portion of that period as is prescribed by the regulations.

  • 1992, c. 46, s. 63
  • 1999, c. 34, s. 173

Elective Pensionable Service: Amount Required To Be Paid

Marginal note:Amount to be paid

  •  (1) Subject to section 8, a contributor who is entitled under this Part to count as pensionable service any period of elective service specified in paragraph 6(b) is required to pay, in respect thereof, as follows:

    • (a) in respect of any period specified in clause 6(b)(i)(A), any amount that he would have been required to pay under Part V of the former Act had that Part continued in force;

    • (b) in respect of any period specified in clause 6(b)(i)(B), any amount that he would have been required to pay under Part V of the former Act in force immediately before April 1, 1960;

    • (c) in respect of any period specified in clause 6(b)(ii)(A), an amount determined in the manner prescribed by the regulations;

    • (d) in respect of any period specified in clause 6(b)(ii)(B), an amount equal to the amount that he or she would have been required to contribute had he or she, during that period, been required to contribute

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

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

      • (iii) if that period or any portion of it was after March 31, 1969 but 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,

      • (iv) 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,

      • (v) 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

      • (vi) 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,

      in respect of pay equal to the pay authorized to be paid to him or her on the most recent occasion on which he or she became a contributor under this Act, together with interest;

    • (e) in respect of any period specified in clause 6(b)(ii)(C), (D), (E), (F) or (G), an amount equal to the amount that he or she would have been required to contribute had he or she, during that period, been required to contribute

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

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

      • (iii) if that period or any portion of it was after March 31, 1969 but 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,

      • (iv) 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,

      • (v) 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

      • (vi) 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,

      in respect of pay equal to the pay authorized to be paid to him or her on the most recent occasion on which he or she became a contributor under this Act, together with interest;

    • (f) notwithstanding anything in paragraphs (d) and (e) of this subsection, in respect of any period described in clause 6(b)(ii)(H), such amount as is required by section 24 to be paid by him therefor;

    • (g) notwithstanding anything in paragraphs (a) to (f) of this subsection, in respect of any period described in clause 6(b)(ii)(I), an amount equal to the amount of the return of contributions or other lump sum payment referred to in that clause plus the capitalized value, as of the time of the making of that payment to him, of such amounts by way of instalments of the amount required by this Part or Part V of the former Act to be paid by him in respect of that period as were payable by him before the time of the making of that payment to him and remained unpaid by him at that time, together with simple interest at four per cent per annum from that time until the time of the election;

    • (h) notwithstanding anything in this subsection, in respect of any period described in clause 6(b)(ii)(J), an amount equal to the amount that he would have been required to pay if he had elected under this Part, within the time prescribed for the making of the election, to pay for that period, and if, during that period, the rate of pay authorized to be paid to him had been equal to the rate of pay so authorized at the time when he made the election, together with interest; and

    • (i) in respect of any period described in clauses 6(b)(ii)(F.1), (K), (L), (M), (N), (O) and (P), the amounts determined in accordance with the regulations.

  • Marginal note:Definition of interest

    (2) In this section, unless otherwise specified, interest means simple interest at four per cent per annum from the middle of the fiscal year in which the contributions would have been made, had the contributor been required to make those contributions during the period for which he elected to pay, until the time of the election.

  • R.S., 1985, c. R-11, s. 7
  • 1992, c. 46, s. 64
  • 1999, c. 34, s. 174
  • 2012, c. 31, s. 507

Elections

Marginal note:Manner of making elections

  •  (1) Every election made by a contributor under this Part shall be made by him while a member of the Force and shall be evidenced in writing, in the form prescribed by the regulations, and witnessed, and the original thereof shall be forwarded to the Commissioner of the Royal Canadian Mounted Police, within the time prescribed by this Part for the making of the election or, in the case of an election that may be made by the contributor at any time before he ceases to be a member of the Force, within one month from the time of making the election.

  • Marginal note:Void elections

    (2) An election under this Part is void in so far as it is

    • (a) an election to pay for any period of service described in any of clauses 6(b)(ii)(A) to (G) that the elector is entitled to count for the purposes of any superannuation or pension benefit of a kind prescribed by the regulations, otherwise than under the provisions of this Part;

    • (b) an election to pay for any period of service described in clause 6(b)(ii)(J), (K) or (L), unless the elector has passed a medical examination, as prescribed by the regulations, within such time immediately before or after the making of the election as is prescribed by the regulations;

    • (b.1) an election to surrender an annuity, annual allowance or pension under subsection 24(5) on or after December 1, 1995, unless the elector has passed a medical examination, as prescribed by the regulations, within the time immediately before or after the making of the election that is prescribed by the regulations; or

    • (c) an election to pay for any period of service of less than ninety days as defined by the regulations, unless it is service that may be counted under clause 6(b)(ii)(I).

  • Marginal note:Right to elect for part of period

    (3) A contributor who is entitled under this Part to elect to pay for a period of service is entitled to elect to pay for part only of that period but only that part which is most recent in point of time.

  • Marginal note:Right to amend or revoke

    (4) An election under this Part may be amended by the elector, within the time prescribed by this Part for the making of the election, by increasing the period or periods of service for which he elects to pay, and is otherwise irrevocable except under such circumstances and on such terms and conditions, including payment by the elector to Her Majesty of such amount in respect of any benefit accruing to the elector during the subsistence of the election, as a consequence of his having so elected, as is prescribed by the regulations.

  • Marginal note:Manner of payment

    (5) Subject to this section, any amount required by subsection 7(1) to be paid by a contributor in respect of any period of service for which he has elected to pay shall be paid by him into the Superannuation Account

    • (a) in a lump sum, at the time of making the election, or

    • (b) in instalments, on such terms and computed on such bases as to mortality and interest as are prescribed by the regulations,

    at his option.

  • Marginal note:Election after March 31, 2000

    (5.1) For the purposes of subsections (5) and 24(1), an amount required to be paid by a contributor pursuant to an election made after March 31, 2000 shall be paid into the Royal Canadian Mounted Police Pension Fund.

  • Marginal note:Unpaid instalments

    (6) Where a contributor who has elected under this Part or Part V of the former Act to pay for any period of service and has undertaken to pay for that period by instalments ceases to be a member of the Force before all the instalments have been paid, the unpaid instalments may be reserved, in accordance with the regulations, from any amount payable to him by Her Majesty, including the annuity or other benefit payable to him under this Part, until such time as all the instalments have been paid or the contributor dies, whichever occurs first.

  • Marginal note:Recovery of amounts due

    (7) When an amount payable by a contributor into the Superannuation Account or the Royal Canadian Mounted Police Pension Fund by reservation from pay and allowances or otherwise has become due, but remains unpaid at the time of death, that amount, with interest at four per cent per annum from the time it became due, may be recovered in accordance with the regulations from any allowance payable under this Part to the survivor or children of the contributor, without prejudice to any other recourse available to Her Majesty with respect to the recovery of it, and any amount so recovered shall be credited to the Superannuation Account or the Royal Canadian Mounted Police Pension Fund and shall be deemed, for the purposes of the definition return of contributions in subsection 9(1), to have been paid into that Account or Fund by the contributor.

  • Marginal note:Special procedures for certain elections

    (8) When an election is made to count as pensionable service a period of service specified in clause 6(b)(ii)(F.1), (L), (M), (N), (O) or (P), this section applies in the manner and to the extent set out in the regulations.

  • R.S., 1985, c. R-11, s. 8
  • 1992, c. 46, s. 65
  • 1999, c. 34, s. 175
 
Date modified: