Royal Canadian Mounted Police Superannuation Regulations

Version of section 13 from 2012-09-01 to 2013-06-06:

  •  (1) A contributor who elected to pay for a period of service under Part I of the Act may revoke the election

    • (a) as to payments made and to be made for any period of service, or any part of a period of service, in respect of which the election was made,

      • (i) if the contributor received, from an authorized advisor who normally gives information about these matters, erroneous or misleading information about the amount to be paid or the consequences of the election on the contributor’s benefits and, in making the election, acted on that information, or

      • (ii) if, after having made the election, the contributor became entitled to count the period of service in the calculation of pension benefits other than those provided for under the Act;

    • (b) as to payments to be made for any period of service, or any part of a period of service, in respect of which the election was made,

      • (i) if undue financial hardship that was unforeseen at the time the election was made will be caused if the contributor is required to continue to make the payments,

      • (ii) if, at the commencement date of the contributor’s annuity, the monthly instalments that the contributor pays are greater than the increase, calculated in accordance with section 10 of the Act, in the monthly amount of the benefits payable that results from the election, or

      • (iii) after the contributor has attained 60 years of age, if the monthly instalments that the contributor pays are greater than the increase, calculated in accordance with section 10 of the Act, in the monthly amount of the benefits payable that would result from the election if the contributor were to begin to receive an annuity;

    • (c) as to payments made for any period of service in respect of which the election was made, or those to be made, or both, at the contributor’s option, if that period of service was mentioned by the contributor inadvertently;

    • (d) if the contributor received, from an authorized advisor who normally gives information about these matters, erroneous or misleading information in respect of any election referred to in subparagraph 6(b)(ii) of the Act, failed to make the election and then made the election after having received the corrected information from such an advisor and while a member of the Force; or

    • (e) if the contributor received, from an authorized advisor who normally gives information about these matters, erroneous or misleading information in respect of any election referred to in clauses 6(b)(ii)(L) to (P) of the Act, failed to make the election while a member of the Force and then made the election after having received the corrected information from such an advisor and having ceased to be a member.

  • (1.1) A contributor who wholly revokes an election in the circumstance set out in paragraph (1)(c) may elect to pay for the period of service for which the contributor intended to pay in the initial election.

  • (1.2) The contributor shall make the election within six months after the day on which the contributor revoked the initial election, and it is deemed to have been made on the day on which the initial election was made.

  • (1.3) A contributor who revokes an election in the circumstances set out in paragraph (1)(d) or (e) is deemed to have made the same election on the day after the day on which the contributor received the erroneous or misleading information.

  • (2) A contributor who revokes an election in the circumstances set out in subparagraph (1)(a)(ii) or paragraph (1)(b) shall pay an amount equal to the mortality charges that relate to the benefits that have accrued as a result of the election before it was revoked, that amount being calculated using the mortality rates used in the preparation of the actuarial valuation report that was most recently laid before Parliament, in accordance with section 30 of the Act, before the day on which the election was revoked or, if that report was laid before Parliament in the month in which that day falls or in the preceding month, of the report that was laid before Parliament immediately before that report, and bearing interest, compounded annually, at a rate equal to the projected rate of return of the Royal Canadian Mounted Police Pension Fund that was used in the preparation of the report.

  • (3) Any amount required to be paid by a contributor under subsection (2) may be recovered on behalf of Her Majesty as a debt due to the Crown from any benefit payable under the Act to or in respect of the contributor, without prejudice to any other recourse available to Her Majesty with respect to the recovery thereof.

  • (4) Any amount paid by a contributor who revokes an election is applied in payment of the amount referred to in subsection (2) and the remainder is applied in payment of any part of the period of service that remains credited to the contributor, the amount to be paid being calculated in accordance with the provisions of the Act under which the election was made and the remainder, if any, being refunded to the contributor.

  • (5) Where a contributor revokes an election under subsection (1) and further payments are required to be made by him, he shall make those payments in such amount and in such manner as the Minister determines and such payments shall be applied, firstly, in payment of the amount required to be paid by the contributor under subsection (2) if that amount has not already been paid, and the remainder of such payments, if any, shall be applied towards the purchase of that portion of the period of service (as determined by the Minister) mentioned in the election that has not been revoked, calculated in accordance with the provisions of the Act under which the election was made.

  • SOR/2012-124, s. 9
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