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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)

Elections (continued)

Marginal note:Recovery of annuity paid in error

 Where any amount has been paid in error under this Part or Part III on account of any annuity, annual allowance or supplementary benefit, the Minister may retain by way of deduction from any subsequent payment of that annuity, allowance or supplementary benefit, in the manner prescribed by the regulations, an amount equal to the amount paid in error, without prejudice to any other recourse available to Her Majesty with respect to the recovery thereof.

  • 1992, c. 46, s. 66

Benefits: How Computed, etc.

Marginal note:Definitions

  •  (1) In this Part,

    annuity

    annuity means an annuity computed in accordance with section 10; (annuité)

    cash termination allowance

    cash termination allowance means an amount equal to one month’s pay for each year of pensionable service to the credit of the contributor, computed on the basis of the rate of pay authorized to be paid to him or her at the time he or she ceases to be a member of the Force, minus an amount equal to the amount by which

    • (a) the total amount the contributor would have been required to contribute to the Superannuation Account or the Royal Canadian Mounted Police Pension Fund up to the time he or she ceases to be a member of the Force, other than interest or charges for payments by instalments, in respect of service after 1965, if he or she had contributed on the basis of the rate set forth in subsection 5(1) as it read on December 31, 1965,

    exceeds

    • (b) the total amount the contributor was required to contribute to the Superannuation Account or the Royal Canadian Mounted Police Pension Fund up to the time he or she ceases to be a member of the Force, other than interest or charges for payments by instalments, in respect of service after 1965; (allocation de cessation en espèces)

    deferred annuity

    deferred annuity means an annuity that becomes payable to the contributor at the time he reaches sixty years of age; (annuité différée)

    immediate annuity

    immediate annuity means an annuity that becomes payable to the contributor immediately on his becoming entitled thereto; (annuité immédiate)

    recipient

    recipient means a person to whom any amount is or is about to become payable under this Part; (prestataire)

    return of contributions

    return of contributions means a return of

    • (a) the amount paid by the contributor into the Superannuation Account or the Royal Canadian Mounted Police Pension Fund but not including any amount so paid pursuant to subsection 39(7) of the Public Service Superannuation Act, and

    • (b) any amount paid by him or her into any other account or fund, together with interest, if any, that has been transferred to the Superannuation Account or the Royal Canadian Mounted Police Pension Fund,

    to the extent that the amount remains to his or her credit in the Superannuation Account or the Royal Canadian Mounted Police Pension Fund, together with interest, if any, calculated pursuant to subsection (6). (remboursement de contributions)

    transfer value

    transfer value means a lump sum amount, representing the value of the contributor’s pension benefits, as determined in accordance with the regulations. (valeur de transfert)

  • Marginal note:Duration of payment, etc., to contributor

    (2) Where an annuity or annual allowance becomes payable under this Part to a contributor, it shall, subject to the regulations, be paid in equal monthly instalments in arrears and shall continue, subject to this Part, during the lifetime of the contributor and thereafter until the end of the month during which he dies, and any amount in arrears thereof that remains unpaid at any time after his death shall be paid as provided in section 15, in respect of a return of contributions.

  • Marginal note:Duration of payment, etc., to survivor or child

    (3) When an annual allowance becomes payable under this Part to a survivor or child, it shall, subject to the regulations, be paid in equal monthly instalments in arrears and shall continue, subject to this Part, until the end of the month during which the recipient dies or otherwise ceases to be entitled to receive an annual allowance, and any amount in arrears that remains unpaid at any time after the death of the recipient shall be paid to the estate or succession of the recipient or, if less than one thousand dollars, as the Minister may direct.

  • Marginal note:Options

    (4) Where, under section 11, a contributor is entitled to a return of contributions or, at his option, to any other benefit specified therein,

    • (a) if he fails to exercise the option within one year from the time he became so entitled, he shall be deemed to have exercised it in favour of a deferred annuity; and

    • (b) if, without having exercised the option, he becomes a contributor under the Public Service Superannuation Act or the Canadian Forces Superannuation Act, he shall be deemed to have exercised the option, immediately before becoming a contributor under that Act, in favour of a deferred annuity.

  • Marginal note:Revocation of option

    (5) Where, under section 11, a contributor is entitled to a benefit therein specified at his option, the option may be revoked and a new option exercised by the contributor, under such circumstances and on such terms and conditions as the Governor in Council by regulation prescribes.

  • Marginal note:Interest on return of contributions

    (6) For the purposes of the definition return of contributions in subsection (1), interest shall be calculated in the manner that the regulations provide and on the balances that are determined in accordance with the regulations,

    • (a) at the rate of four per cent, compounded annually, for any period before January 1, 2001; and

    • (b) at the rates established in the regulations made under paragraph 26.1(1)(c.3) compounded quarterly, for any period beginning on or after January 1, 2001.

  • Marginal note:Benefits not assignable, etc.

    (7) Subject to Part II of the Garnishment, Attachment and Pension Diversion Act and to the Pension Benefits Division Act,

    • (a) a benefit under this Part or Part III is not capable of being assigned, charged, anticipated or given as security and any transaction that purports to assign, charge, anticipate or give as security any such benefit is void;

    • (b) a benefit to which a contributor, survivor or child is entitled under this Part or Part III is not capable of being surrendered or commuted during the lifetime of that person except under section 12.1 or subsection 18(2) and any other transaction that purports to so surrender or commute any such benefit is null and void; and

    • (c) a benefit under this Part or Part III is exempt from attachment, seizure and execution, either at law or in equity.

  • R.S., 1985, c. R-11, s. 9
  • 1992, c. 46, s. 67
  • 1999, c. 34, s. 176
  • 2003, c. 26, s. 57

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
 
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