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Royal Canadian Mounted Police Superannuation Act

Version of section 11 from 2004-05-03 to 2009-06-17:


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      • (i) [Repealed, 2003, c. 26, s. 45]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) or (10), 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: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.

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

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