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

Marginal note:Benefit payable in case of disability after retirement

• 12 (1) A contributor who, not having reached sixty years of age but having become entitled under this Part to a deferred annuity, or not having reached fifty years of age but having become entitled under this Part to an annual allowance payable on reaching fifty years of age, becomes disabled ceases to be entitled to that deferred annuity or annual allowance and becomes entitled to an immediate annuity.

• Marginal note:Idem

  (2) Where a contributor who has not reached sixty years of age but who has become entitled under subsection (1) to an immediate annuity is certified, in accordance with the regulations, to have regained his health or to be capable of performing his duties as a member of the Force or any other duties as a member of the Force commensurate with his qualifications, he ceases to be entitled to that immediate annuity and becomes entitled to

  • (a) a deferred annuity, or

  • (b) an annual allowance, payable immediately in the case of a contributor fifty or more years of age, or payable on reaching fifty years of age in the case of a contributor less than fifty years of age, which allowance shall be the actuarial equivalent, determined in prescribed manner, of the deferred annuity referred to in paragraph (a),

  at his option.

Marginal note:Transfer value

• 12.1 (1) Despite any other provision of this Act, except subsection 24.1(6), but subject to the regulations, a contributor who has ceased to be a member of the Force, has served in the Force for a period equal to or greater than the period prescribed by the regulations and is not entitled to an immediate annuity is entitled, in the place of any other benefit under this Act to which the contributor would otherwise be entitled in respect of the pensionable service that the contributor has to their credit, to a transfer value that is payable to the contributor in accordance with subsection (2).

• Marginal note:Where transferred

  (2) The payment of a transfer value to which a contributor may be entitled under subsection (1) is effected by transferring it to, at the direction of the contributor,

  • (a) a pension plan selected by the contributor that is registered under the Income Tax Act, if that pension plan so permits;

  • (b) a retirement savings plan or fund for the contributor that is of the kind prescribed by the regulations; or

  • (c) a financial institution authorized to sell immediate or deferred life annuities of the kind prescribed by the regulations, for the purchase from that financial institution of such an annuity for the contributor.

• Marginal note:Election to pay by instalments

  (3) If a contributor who is entitled to a transfer value has elected to pay for a period of pensionable service by means of instalments, the transfer value shall be determined in accordance with the regulations and by reference to the portion of the period of pensionable service that the contributor has paid for at the time prescribed in the regulations.

• Marginal note:Election

  (4) Once a transfer has been made under subsection (1), a person who is re-appointed or re-enlisted as a member of the Force after the transfer and becomes a contributor may only count as pensionable service the period of service to which the transfer relates if they elect, in accordance with the terms and conditions prescribed by the regulations, to pay the amount prescribed by the regulations at the time and in the manner prescribed by the regulations.

Marginal note:Return of contributions

• 12.2 (1) Any return of contributions to which a contributor is entitled shall be paid in accordance with section 12.1 in respect of any period of service that is included in the contributor’s pensionable service and in respect of which

  • (a) a payment has been made into the Superannuation Account or the Royal Canadian Mounted Police Pension Fund

    • (i) under an agreement entered into under section 24.1, or

    • (ii) in respect of an election made by a contributor under this Part; and

  • (b) at the time the payment was made, the Pension Benefits Standards Act, 1985 or a substantially similar provincial law required the locking-in of contributions.

• Marginal note:Deeming

  (2) For the purposes of this section, paragraph (b) of the definition return of contributions in subsection 9(1) is deemed to include a reference to the total payment made under an agreement entered into under section 24.1 or in respect of an election made by a contributor under this Part.

Marginal note:Commuted value or transfer value

12.3 If a contributor is entitled to a return of contributions in respect of any period of service for which the contributor has made an election referred to in clause 6(b)(ii)(O), the return of contributions in respect of that period shall be paid in accordance with section 12.1.

Marginal note:Benefits payable on death

• 13 (1) On the death of a contributor who, at the time of the contributor’s death, was entitled under this Part to an annuity or annual allowance, the survivor and children of the contributor are entitled to the following allowances, computed on the basis of the product obtained by multiplying the average annual pay received by the contributor during the period specified in subparagraph 10(1)(a)(ii), by the number of years of pensionable service to the contributor’s credit, one one-hundredth of the product so obtained being hereinafter referred to as the “basic allowance”:

  • (a) in the case of the survivor, an immediate annual allowance equal to the basic allowance, and

  • (b) in the case of each child, an immediate annual allowance equal to one-fifth of the basic allowance or, if the contributor died without leaving a survivor, the survivor is dead or the survivor is not entitled to receive an allowance under this Part, other than an immediate annual allowance under section 14.1, two-fifths of the basic allowance,

  but the total amount of the allowances paid under paragraph (b) shall not exceed four-fifths of the basic allowance or, if the contributor died without leaving a survivor, the survivor is dead or the survivor is not entitled to receive an allowance under this Part, other than an immediate annual allowance under section 14.1, eight-fifths of the basic allowance.

• Marginal note:Idem

  (2) Where, in computing the allowances to which the children of a contributor are entitled under subsection (1), it is determined that there are more than four children of the contributor entitled to an allowance, the total amount of the allowances shall be apportioned among the children in such shares as the Minister deems just and proper under the circumstances.

• Marginal note:Benefits

  (3) On the death of a contributor who was a member of the Force at the time of death, having to his or her credit a period of pensionable service equal to or greater than the period prescribed by the regulations, the survivor and children of the contributor are entitled to the annual allowances to which they would have been entitled under subsection (1) had the contributor, immediately before death, become entitled under this Part to an annuity or annual allowance.

• Marginal note:Definition of child

  (4) For the purposes of this section, child means a child of the contributor who

  • (a) is less than eighteen years of age; or

  • (b) is eighteen or more years of age but less than twenty-five years of age, and is in full-time attendance at a school or university, having been in such attendance substantially without interruption since the child reached eighteen years of age or the contributor died, whichever occurred later.

Marginal note:Benefits payable on death

14 On the death of a contributor who was a member of the Force at the time of death, having to his or her credit a period of pensionable service less than the period prescribed by the regulations, the survivor and children of the contributor, in any case where the contributor died leaving a survivor or a child less than eighteen years of age, are entitled jointly to a death benefit equal to

• (a) a return of contributions, or

• (b) 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 at the time of his death,

whichever is the greater.

Marginal note:Election for benefit

• 14.1 (1) If the person to whom a contributor is married or with whom he or she is cohabiting in a relationship of a conjugal nature, having so cohabited for a period of at least one year, would not be entitled to an immediate annual allowance under any other provision of this Part in the event of the contributor’s death, the contributor may elect, in accordance with the regulations, to reduce the amount of the annuity or annual allowance to which the contributor is entitled in order that the person could become entitled to an immediate annual allowance under subsection (2).

• Marginal note:Payment

  (2) A person referred to in subsection (1) is entitled to an immediate annual allowance in an amount determined in accordance with the election and the regulations if the contributor dies and the election is not revoked or deemed to have been revoked, and the person was married to the contributor at the time of the contributor’s death, or was cohabiting with the contributor in a relationship of a conjugal nature for a period of at least one year immediately before the contributor’s death.

• Marginal note:No entitlement

  (3) A person who is entitled to receive an annual allowance under section 18 after the contributor’s death is not entitled to an immediate annual allowance under subsection (2) in respect of that contributor.

Payments to Survivors, Children and Other Beneficiaries

Marginal note:Lump sum payments

15 Where, in this Part, it is provided that the survivor and children of a contributor are entitled jointly to a return of contributions or an amount described in paragraph 14(b), the total amount shall be paid to the survivor of the contributor except that

• (a) if at the time of the death of the contributor all of the children were eighteen years of age or over and at the time the payment is to be made the survivor is dead or cannot be found, the total amount shall be paid to the children in equal shares;

• (b) if at the time of the death of the contributor any of the children were less than eighteen years of age, and the contributor died without leaving a survivor or at the time the payment is to be made the survivor is dead or cannot be found, the total amount shall be paid to the children in the shares that the Minister considers equitable and proper under the circumstances, or to any of them, as the Minister may direct;

• (c) if any of the children who were less than eighteen years of age at the time of the death of the contributor are living apart from the contributor’s survivor at the time the payment is to be made, the total amount shall be paid to the survivor and the children so living apart from the survivor in such shares as the Minister considers equitable and proper under the circumstances, or to the survivor or any of the children so living apart, as the Minister may direct; and

• (d) if the contributor died without leaving any children and at the time the payment is to be made the contributor’s survivor is dead or cannot be found, or if the contributor died without leaving a survivor and at the time the payment is to be made all of the children are dead or cannot be found, the total amount shall be paid

  • (i) if the contributor, pursuant to any regulations made under section 26, named his or her estate or succession as beneficiary or named another beneficiary who may be named under those regulations and the beneficiary survives the contributor, to the beneficiary, and

  • (ii) in any other case, to the estate or succession of the contributor or, if less than one thousand dollars, as the Minister may direct.

Marginal note:Apportionment when two survivors

• 15.1 (1) If there are two survivors of a contributor, the share of the total amount referred to in section 15 to be paid to the survivor referred to in paragraph (a) of the definition survivor in subsection 3(1) and the share to be paid to the survivor referred to in paragraph (b) of that definition shall be paid as the Minister may direct.

• Marginal note:Share may be nil

  (2) Nothing in subsection (1) is to be read as limiting the Minister’s power to direct that the share of one or other of the survivors under that subsection is nil.

16 [Repealed, 1989, c. 6, s. 26]

Marginal note:Allowances paid to children

• 17 (1) Where a child of a contributor is entitled to an annual allowance or other amount under this Part, payment thereof shall, if the child is less than eighteen years of age, be made to the person having the custody and control of the child, or, where there is no person having the custody and control of the child, to such person as the Minister may direct.

• (2) [Repealed, 1999, c. 34, s. 184]

Marginal note:Person considered to be the survivor

• 18 (1) For the purposes of this Part, when a person establishes that he or she was cohabiting in a relationship of a conjugal nature with the contributor for at least one year immediately before the death of the contributor, the person is considered to be the survivor of the contributor.

• Marginal note:Person considered to be married

  (1.1) For the purposes of this Part, when a contributor dies and, at the time of death, the contributor was married to a person with whom the contributor had been cohabiting in a relationship of a conjugal nature for a period immediately before the marriage, that person is considered to have become married to the contributor on the day established as being the day on which the cohabitation began.

• Marginal note:When survivor not to receive annual allowance — waiver

  (2) A survivor is not entitled to receive an annual allowance if the survivor makes an irrevocable waiver under subsection (3).

• Marginal note:Permitted waivers

  (3) A survivor may make an irrevocable waiver in writing only if it results in

  • (a) an increase in the allowance payable to a child under paragraph 13(1)(b); or

  • (b) a benefit being paid under section 22.

• Marginal note:Time for waiver

  (4) A waiver must be made no later than three months after the survivor is notified of his or her entitlement to an allowance under this Act and takes effect as of the date of the death of the contributor.

• Marginal note:When survivor not to receive benefits — criminal responsibility for death

  (5) A survivor is not entitled to receive any benefit under this Act with respect to the contributor when the contributor dies and the survivor is found criminally responsible for the death.

• Marginal note:When survivor not to receive annual allowance — missing survivor

  (6) A survivor is not entitled to receive an annual allowance when the contributor dies if it is established to the satisfaction of the Minister that the survivor cannot be found.

• Marginal note:Apportionment of allowance when two survivors

  (7) When an annual allowance is payable under paragraph 13(1)(a) and there are two survivors of the contributor, the total amount of the annual allowance shall be apportioned so that

  • (a) the survivor referred to in paragraph (a) of the definition survivor in subsection 3(1) is entitled to receive the proportion of the annual allowance that the total of the number of years that he or she cohabited with the contributor while married to the contributor and the number of years that he or she cohabited with the contributor in a relationship of a conjugal nature bears to the total number of years that the contributor so cohabited with the survivors; and

  • (b) the survivor referred to in paragraph (b) of that definition is entitled to receive the proportion of the annual allowance that the number of years that he or she cohabited with the contributor in a relationship of a conjugal nature bears to the total number of years that the contributor cohabited with the survivors, either while married or while in a relationship of a conjugal nature.

• Marginal note:Years

  (8) In determining a number of years for the purposes of subsection (7), part of a year shall be counted as a full year if the part is six or more months and shall be ignored if it is less.

• Marginal note:Death, etc. of one of the survivors

  (9) When one of the survivors referred to in subsection (7) dies or is not entitled to receive a benefit under this Act when the contributor dies, the portion of the annual allowance that would have been payable to the survivor who died or is not entitled shall be paid to the remaining survivor in addition to his or her own portion.