Royal Canadian Mounted Police Superannuation Act

Marginal note:Service that may be counted

• 24 (1) Any person who becomes a contributor under this Part, having been employed in the public service but not having become entitled to an annuity or annual allowance under the Public Service Superannuation Act, or having been a member of the regular force but not having become entitled to an annuity, annual allowance or pension under the Canadian Forces Superannuation Act, is entitled to count as pensionable service for the purposes of this Part any period of service in the Force or any period of service described in section 6 that, under the Public Service Superannuation Act or the Canadian Forces Superannuation Act, as the case may be, he was entitled to count for pension purposes, if he elects, within one year of becoming a contributor under this Part, to pay for that service, in which case the amount required by this Act to be paid by him for that service is,

  • (a) in the case of service for which, by the Public Service Superannuation Act or the Canadian Forces Superannuation Act, as the case may be, he was required to pay, any amount by which

    • (i) the total amount required by that Act to be paid by him for that service

    exceeds

    • (ii) the total amount actually paid by him for that service, minus any amount paid to him under that Act at any time before the making of the election,

    together with simple interest at four per cent per annum on any amount paid to him under that Act at any time before the making of the election, from the time when the payment was made until the time of making the election; or

  • (b) in the case of service for which, by the Public Service Superannuation Act or the Canadian Forces Superannuation Act, as the case may be, he was not required to pay, an amount equal to the amount that he would have been required to pay had he, during the period of that service, been required to contribute

    • (i) where that period or any portion thereof was prior to 1966, in the manner and at the rates set forth in subsection 5(1) as it read on December 31, 1965, in respect of that period or that portion thereof,

    • (ii) where that period or any portion thereof was after 1965 and prior to April 1, 1969, in the manner and at the rates set forth in subsection 5(1) as it read immediately prior to April 1, 1969 in respect of that period or that portion thereof,

    • (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), in respect of that service or portion, and

    • (v) if that period or any portion of it was after December 31, 2003, in the manner and at the rates determined under subsection 5(2), in respect of that service or portion,

    in respect of pay equal to the pay authorized to be paid to him on the most recent occasion on which he became a contributor under this Act, together with interest, as defined in subsection 7(2).

• Marginal note:Pay and allowances deemed to have been received

  (2) For the purposes of this Part, the pay deemed to have been received by a person to whom subsection (1) applies, during any period of service of the kind described in paragraph (1)(a) or (b), is pay at a rate equal to the rate of pay on the basis of which the amount required to be paid for that period of service

  • (a) by the Public Service Superannuation Act or the Canadian Forces Superannuation Act, as the case may be, in the case of service of the kind described in paragraph (1)(a), or

  • (b) by this Part, in the case of service of the kind described in paragraph (1)(b),

  was determined.

• Marginal note:Surrender of benefits on election

  (3) Notwithstanding anything in the Public Service Superannuation Act or the Canadian Forces Superannuation Act, on the making of any election under subsection (1), the person so electing and any person to whom any benefit might otherwise have become payable under the Public Service Superannuation Act or the Canadian Forces Superannuation Act, as the case may be, in respect of that person, cease to be entitled to any benefit under that Act in respect of any service of that person to which that election relates.

• Marginal note:Right to retain pension

  (4) Any person who becomes a contributor under this Part, having been employed in the public service and having become entitled to an annuity or annual allowance under the Public Service Superannuation Act, or having been a member of the regular force and having become entitled to an annuity, annual allowance or pension under the Canadian Forces Superannuation Act, is entitled, for the purposes of this Part, to retain that annuity, annual allowance or pension, but the period of service on which that annuity, annual allowance or pension was based may not be counted by that person for the purpose of any benefit to which he may become entitled under this Part by reason of having become a contributor hereunder.

• Marginal note:Election to surrender benefits

  (5) Notwithstanding subsection (4), any person to whom that subsection applies may elect after becoming a contributor under this Part, to surrender the annuity, annual allowance or pension therein referred to, in which case notwithstanding anything in the Public Service Superannuation Act or the Canadian Forces Superannuation Act, the person so electing and any person to whom any benefit might otherwise have become payable under the Public Service Superannuation Act or the Canadian Forces Superannuation Act, as the case may be, in respect of that person, cease to be entitled to any benefit under that Act in respect of any service of that person described in subsection (1), and the person so electing shall be subject to subsection (1) in all respects as though he had not become entitled to an annuity, annual allowance or pension under that Act but had elected under subsection (1) to pay for the whole of that service.

• Marginal note:Repayment of certain benefits

  (6) When a person to whom subsection (4) applies elects, pursuant to subsection (5), to surrender the annuity, annual allowance or pension referred to in subsection (4), the person so electing shall pay an amount equal to the amount of the annuity, annual allowance, pension or supplementary retirement benefit paid to him or her for any period commencing in any month commencing after he or she has been a contributor under this Part for one year, together with simple interest at four per cent per annum and the amount so paid shall be

  • (a) if the election is made before April 1, 2000, credited to the account maintained in the accounts of Canada pursuant to Part I of the Public Service Superannuation Act or pursuant to Part I of the Canadian Forces Superannuation Act; or

  • (b) if the election is made on or after April 1, 2000, paid into the Public Service Pension Fund within the meaning of the Public Service Superannuation Act, the Canadian Forces Pension Fund within the meaning of the Canadian Forces Superannuation Act, or credited to one of the accounts referred to in paragraph (a), according to the fund or account from which the annuity, annual allowance, pension or supplementary retirement benefit was originally paid.

• Marginal note:Amount to be credited to Superannuation Account

  (7) On the making of an election under this section before April 1, 2000 by which the person so electing is required by this Part to pay for a period of service of the kind described in paragraph (1)(a), there shall be charged to the account in the accounts of Canada maintained pursuant to the Public Service Superannuation Act or the Canadian Forces Superannuation Act, as the case may be, and credited to the Superannuation Account in respect of that person, an amount equal to the amount determined under subparagraph (1)(a)(ii).

• Marginal note:Amount of return of contributions

  (8) For the purposes of the Public Service Superannuation Act or the Canadian Forces Superannuation Act, as the case may be, the amount of any return of contributions or other lump sum payment that is or may become payable under that Act to or in respect of that person with respect to an election before April 1, 2000 shall be deemed to be the amount otherwise determined under that Act minus the amount required by subsection (7) to be credited to the Superannuation Account on the making of the election.

• Marginal note:Amount to be paid

  (9) Subsections (7) and (8) apply, with any modifications that the circumstances require, to an election made on or after April 1, 2000, and a reference to “the account in the accounts of Canada maintained pursuant to the Public Service Superannuation Act or the Canadian Forces Superannuation Act” shall be read as a reference to “the Public Service Pension Fund or the Canadian Forces Pension Fund” in respect of contributions made by the person to that fund and a reference to “the Superannuation Account” shall be read as a reference to the “Royal Canadian Mounted Police Pension Fund”.