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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)

Payments to Survivors, Children and Other Beneficiaries

Marginal note:Lump sum payments

 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.

  • R.S., 1985, c. R-11, s. 15
  • 1999, c. 34, s. 183

Marginal note:Apportionment when two survivors

  •  (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.

  • 1999, c. 34, s. 183

 [Repealed, 1989, c. 6, s. 26]

Marginal note:Allowances paid to children

  •  (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]

  • R.S., 1985, c. R-11, s. 17
  • 1999, c. 34, s. 184

Marginal note:Person considered to be the survivor

  •  (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.

  • R.S., 1985, c. R-11, s. 18
  • 1992, c. 46, s. 72
  • 1999, c. 34, s. 185

Marginal note:Marriage, etc., after sixty years of age

  •  (1) Subject to section 14.1 but notwithstanding any other provision of this Part, the survivor of a contributor is not entitled to an annual allowance in respect of the contributor under this Part if at the time the contributor married the survivor or began to cohabit with the survivor in a relationship of a conjugal nature, the contributor had attained the age of sixty years unless, after that time, that person became or continued to be a contributor.

  • Marginal note:Child born after parent 60 years of age

    (2) Notwithstanding anything in this Part, except as provided in the regulations, a child who was born to or adopted by a person or who became the stepchild of a person at a time when that person was over sixty years of age is not entitled to any annual allowance under this Part, unless, after that time, that person became or continued to be a contributor.

  • Marginal note:Death within one year of marriage

    (3) Notwithstanding anything in this Part, when a contributor dies within one year after marriage, no annual allowance is payable to the survivor or children of that marriage unless it is established to the satisfaction of the Minister that the contributor was at the time of marriage in such a condition of health as to justify the contributor in having an expectation of surviving for at least one year after the marriage.

  • (4) [Repealed, 1989, c. 6, s. 27]

  • Marginal note:Saving provision

    (5) Nothing in this section shall be held to prejudice any right that a child of an earlier marriage of the contributor has to an allowance under section 13.

  • Marginal note:Transitional

    (6) Notwithstanding anything in this Act, no person is entitled to an allowance under this Part by virtue of being or being deemed to be the survivor of a female contributor if the contributor was not a member of the Force on or after December 20, 1975, and section 2 does not apply in respect of this subsection.

  • R.S., 1985, c. R-11, s. 19
  • 1989, c. 6, s. 27
  • 1992, c. 46, s. 73
  • 1999, c. 34, s. 186
 
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