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

Marginal note:Election for leave of absence

• 6.1 (1) Subject to subsection (3), where a contributor is or has been absent from the Force on leave of absence without pay for a period that exceeds three months, the contributor may elect, at the time and in the manner prescribed by the regulations, not to count as pensionable service under clause 6(a)(ii)(A) that portion of the period that is in excess of three months.

• Marginal note:Contributions not required

  (2) Notwithstanding section 5, a contributor who makes an election under subsection (1) is not required to contribute to the Superannuation Account or the Royal Canadian Mounted Police Pension Fund under that section in respect of the portion of the period to which the election relates.

• Marginal note:Exception

  (3) A contributor is not entitled to make an election under subsection (1) if

  • (a) the period of leave of absence ended before the day on which that subsection comes into force; and

  • (b) the contributor has, before that day, made all of the contributions that are required to be made by the contributor to the Superannuation Account in respect of that period.

• Marginal note:Transitional

  (4) A contributor who makes an election under subsection (1) in respect of a period of leave of absence that ended before the day on which that subsection comes into force and who has, before that day, made some but not all of the contributions that are required to be made by the contributor to the Superannuation Account in respect of that period shall, at the time the election is made, cease to be required to make any further contributions to the Superannuation Account in respect of that period and shall count as pensionable service under clause 6(a)(ii)(A) such portion of that period as is prescribed by the regulations.

Elective Pensionable Service: Amount Required To Be Paid

Marginal note:Amount to be paid

• 7 (1) Subject to section 8, a contributor who is entitled under this Part to count as pensionable service any period of elective service specified in paragraph 6(b) is required to pay, in respect thereof, as follows:

  • (a) in respect of any period specified in clause 6(b)(i)(A), any amount that he would have been required to pay under Part V of the former Act had that Part continued in force;

  • (b) in respect of any period specified in clause 6(b)(i)(B), any amount that he would have been required to pay under Part V of the former Act in force immediately before April 1, 1960;

  • (c) in respect of any period specified in clause 6(b)(ii)(A), an amount determined in the manner prescribed by the regulations;

  • (d) in respect of any period specified in clause 6(b)(ii)(B), an amount equal to the amount that he or she would have been required to contribute had he or she, during that period, been required to contribute

    • (i) if that period or any portion of it was before 1966, in the manner and at the rate set forth in subsection 5(1) as it read on December 31, 1965, in respect of that period or portion,

    • (ii) if that period or any portion of it was after 1965 but before April 1, 1969, in the manner and at the rate set forth in subsection 5(1) as it read immediately before April 1, 1969, in respect of that period or portion,

    • (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), as it read on December 31, 2003, in respect of that period or portion,

    • (v) if that period or any portion of it was after 2003 but before January 1, 2013, in the manner and at the rates determined under subsection 5(2), as it read on December 31, 2012, in respect of that period or portion, and

    • (vi) if that period or any portion of it was after 2012, in the manner set out in subsection 5(1) and at the rates determined by the Treasury Board under that subsection, in respect of that period or portion,

    in respect of pay equal to the pay authorized to be paid to him or her on the most recent occasion on which he or she became a contributor under this Act, together with interest;

  • (e) in respect of any period specified in clause 6(b)(ii)(C), (D), (E), (F) or (G), an amount equal to the amount that he or she would have been required to contribute had he or she, during that period, been required to contribute

    • (i) if that period or any portion of it was before 1966, in the manner and at the rate set forth in subsection 5(1) as it read on December 31, 1965, in respect of that period or portion,

    • (ii) if that period or any portion of it was after 1965 but before April 1, 1969, in the manner and at the rate set forth in subsection 5(1) as it read immediately before April 1, 1969, in respect of that period or portion,

    • (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), as it read on December 31, 2003, in respect of that period or portion,

    • (v) if that period or any portion of it was after 2003 but before January 1, 2013, in the manner and at the rates determined under subsection 5(2), as it read on December 31, 2012, in respect of that period or portion, and

    • (vi) if that period or any portion of it was after 2012, in the manner set out in subsection 5(1) and at the rates determined by the Treasury Board under that subsection, in respect of that period or portion,

    in respect of pay equal to the pay authorized to be paid to him or her on the most recent occasion on which he or she became a contributor under this Act, together with interest;

  • (f) notwithstanding anything in paragraphs (d) and (e) of this subsection, in respect of any period described in clause 6(b)(ii)(H), such amount as is required by section 24 to be paid by him therefor;

  • (g) notwithstanding anything in paragraphs (a) to (f) of this subsection, in respect of any period described in clause 6(b)(ii)(I), an amount equal to the amount of the return of contributions or other lump sum payment referred to in that clause plus the capitalized value, as of the time of the making of that payment to him, of such amounts by way of instalments of the amount required by this Part or Part V of the former Act to be paid by him in respect of that period as were payable by him before the time of the making of that payment to him and remained unpaid by him at that time, together with simple interest at four per cent per annum from that time until the time of the election;

  • (h) notwithstanding anything in this subsection, in respect of any period described in clause 6(b)(ii)(J), an amount equal to the amount that he would have been required to pay if he had elected under this Part, within the time prescribed for the making of the election, to pay for that period, and if, during that period, the rate of pay authorized to be paid to him had been equal to the rate of pay so authorized at the time when he made the election, together with interest; and

  • (i) in respect of any period described in clauses 6(b)(ii)(F.1), (K), (L), (M), (N), (O) and (P), the amounts determined in accordance with the regulations.

• Marginal note:Definition of interest

  (2) In this section, unless otherwise specified, interest means simple interest at four per cent per annum from the middle of the fiscal year in which the contributions would have been made, had the contributor been required to make those contributions during the period for which he elected to pay, until the time of the election.

Elections

Marginal note:Manner of making elections

• 8 (1) Every election made by a contributor under this Part shall be made by him while a member of the Force and shall be evidenced in writing, in the form prescribed by the regulations, and witnessed, and the original thereof shall be forwarded to the Commissioner of the Royal Canadian Mounted Police, within the time prescribed by this Part for the making of the election or, in the case of an election that may be made by the contributor at any time before he ceases to be a member of the Force, within one month from the time of making the election.

• Marginal note:Void elections

  (2) An election under this Part is void in so far as it is

  • (a) an election to pay for any period of service described in any of clauses 6(b)(ii)(A) to (G) that the elector is entitled to count for the purposes of any superannuation or pension benefit of a kind prescribed by the regulations, otherwise than under the provisions of this Part;

  • (b) an election to pay for any period of service described in clause 6(b)(ii)(J), (K) or (L), unless the elector has passed a medical examination, as prescribed by the regulations, within such time immediately before or after the making of the election as is prescribed by the regulations;

  • (b.1) an election to surrender an annuity, annual allowance or pension under subsection 24(5) on or after December 1, 1995, unless the elector has passed a medical examination, as prescribed by the regulations, within the time immediately before or after the making of the election that is prescribed by the regulations; or

  • (c) an election to pay for any period of service of less than ninety days as defined by the regulations, unless it is service that may be counted under clause 6(b)(ii)(I).

• Marginal note:Right to elect for part of period

  (3) A contributor who is entitled under this Part to elect to pay for a period of service is entitled to elect to pay for part only of that period but only that part which is most recent in point of time.

• Marginal note:Right to amend or revoke

  (4) An election under this Part may be amended by the elector, within the time prescribed by this Part for the making of the election, by increasing the period or periods of service for which he elects to pay, and is otherwise irrevocable except under such circumstances and on such terms and conditions, including payment by the elector to Her Majesty of such amount in respect of any benefit accruing to the elector during the subsistence of the election, as a consequence of his having so elected, as is prescribed by the regulations.

• Marginal note:Manner of payment

  (5) Subject to this section, any amount required by subsection 7(1) to be paid by a contributor in respect of any period of service for which he has elected to pay shall be paid by him into the Superannuation Account

  • (a) in a lump sum, at the time of making the election, or

  • (b) in instalments, on such terms and computed on such bases as to mortality and interest as are prescribed by the regulations,

  at his option.

• Marginal note:Election after March 31, 2000

  (5.1) For the purposes of subsections (5) and 24(1), an amount required to be paid by a contributor pursuant to an election made after March 31, 2000 shall be paid into the Royal Canadian Mounted Police Pension Fund.

• Marginal note:Unpaid instalments

  (6) Where a contributor who has elected under this Part or Part V of the former Act to pay for any period of service and has undertaken to pay for that period by instalments ceases to be a member of the Force before all the instalments have been paid, the unpaid instalments may be reserved, in accordance with the regulations, from any amount payable to him by Her Majesty, including the annuity or other benefit payable to him under this Part, until such time as all the instalments have been paid or the contributor dies, whichever occurs first.

• Marginal note:Recovery of amounts due

  (7) When an amount payable by a contributor into the Superannuation Account or the Royal Canadian Mounted Police Pension Fund by reservation from pay and allowances or otherwise has become due, but remains unpaid at the time of death, that amount, with interest at four per cent per annum from the time it became due, may be recovered in accordance with the regulations from any allowance payable under this Part to the survivor or children of the contributor, without prejudice to any other recourse available to Her Majesty with respect to the recovery of it, and any amount so recovered shall be credited to the Superannuation Account or the Royal Canadian Mounted Police Pension Fund and shall be deemed, for the purposes of the definition return of contributions in subsection 9(1), to have been paid into that Account or Fund by the contributor.

• Marginal note:Special procedures for certain elections

  (8) When an election is made to count as pensionable service a period of service specified in clause 6(b)(ii)(F.1), (L), (M), (N), (O) or (P), this section applies in the manner and to the extent set out in the regulations.

Marginal note:Recovery of annuity paid in error

8.1 Where any amount has been paid in error under this Part or Part III on account of any annuity, annual allowance or supplementary benefit, the Minister may retain by way of deduction from any subsequent payment of that annuity, allowance or supplementary benefit, in the manner prescribed by the regulations, an amount equal to the amount paid in error, without prejudice to any other recourse available to Her Majesty with respect to the recovery thereof.

Benefits: How Computed, etc.

Marginal note:Definitions

• 9 (1) In this Part,

  annuity

  annuity means an annuity computed in accordance with section 10; (annuité)

  cash termination allowance

  cash termination allowance means 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 or her at the time he or she ceases to be a member of the Force, minus an amount equal to the amount by which

  • (a) the total amount the contributor would have been required to contribute to the Superannuation Account or the Royal Canadian Mounted Police Pension Fund up to the time he or she ceases to be a member of the Force, other than interest or charges for payments by instalments, in respect of service after 1965, if he or she had contributed on the basis of the rate set forth in subsection 5(1) as it read on December 31, 1965,

  exceeds

  • (b) the total amount the contributor was required to contribute to the Superannuation Account or the Royal Canadian Mounted Police Pension Fund up to the time he or she ceases to be a member of the Force, other than interest or charges for payments by instalments, in respect of service after 1965; (allocation de cessation en espèces)

  deferred annuity

  deferred annuity means an annuity that becomes payable to the contributor at the time he reaches sixty years of age; (annuité différée)

  immediate annuity

  immediate annuity means an annuity that becomes payable to the contributor immediately on his becoming entitled thereto; (annuité immédiate)

  recipient

  recipient means a person to whom any amount is or is about to become payable under this Part; (prestataire)

  return of contributions

  return of contributions means a return of

  • (a) the amount paid by the contributor into the Superannuation Account or the Royal Canadian Mounted Police Pension Fund but not including any amount so paid pursuant to subsection 39(7) of the Public Service Superannuation Act, and

  • (b) any amount paid by him or her into any other account or fund, together with interest, if any, that has been transferred to the Superannuation Account or the Royal Canadian Mounted Police Pension Fund,

  to the extent that the amount remains to his or her credit in the Superannuation Account or the Royal Canadian Mounted Police Pension Fund, together with interest, if any, calculated pursuant to subsection (6). (remboursement de contributions)

  transfer value

  transfer value means a lump sum amount, representing the value of the contributor’s pension benefits, as determined in accordance with the regulations. (valeur de transfert)

• Marginal note:Duration of payment, etc., to contributor

  (2) Where an annuity or annual allowance becomes payable under this Part to a contributor, it shall, subject to the regulations, be paid in equal monthly instalments in arrears and shall continue, subject to this Part, during the lifetime of the contributor and thereafter until the end of the month during which he dies, and any amount in arrears thereof that remains unpaid at any time after his death shall be paid as provided in section 15, in respect of a return of contributions.

• Marginal note:Duration of payment, etc., to survivor or child

  (3) When an annual allowance becomes payable under this Part to a survivor or child, it shall, subject to the regulations, be paid in equal monthly instalments in arrears and shall continue, subject to this Part, until the end of the month during which the recipient dies or otherwise ceases to be entitled to receive an annual allowance, and any amount in arrears that remains unpaid at any time after the death of the recipient shall be paid to the estate or succession of the recipient or, if less than one thousand dollars, as the Minister may direct.

• Marginal note:Options

  (4) Where, under section 11, a contributor is entitled to a return of contributions or, at his option, to any other benefit specified therein,

  • (a) if he fails to exercise the option within one year from the time he became so entitled, he shall be deemed to have exercised it in favour of a deferred annuity; and

  • (b) if, without having exercised the option, he becomes a contributor under the Public Service Superannuation Act or the Canadian Forces Superannuation Act, he shall be deemed to have exercised the option, immediately before becoming a contributor under that Act, in favour of a deferred annuity.

• Marginal note:Revocation of option

  (5) Where, under section 11, a contributor is entitled to a benefit therein specified at his option, the option may be revoked and a new option exercised by the contributor, under such circumstances and on such terms and conditions as the Governor in Council by regulation prescribes.

• Marginal note:Interest on return of contributions

  (6) For the purposes of the definition return of contributions in subsection (1), interest shall be calculated in the manner that the regulations provide and on the balances that are determined in accordance with the regulations,

  • (a) at the rate of four per cent, compounded annually, for any period before January 1, 2001; and

  • (b) at the rates established in the regulations made under paragraph 26.1(1)(c.3) compounded quarterly, for any period beginning on or after January 1, 2001.

• Marginal note:Benefits not assignable, etc.

  (7) Subject to Part II of the Garnishment, Attachment and Pension Diversion Act and to the Pension Benefits Division Act,

  • (a) a benefit under this Part or Part III is not capable of being assigned, charged, anticipated or given as security and any transaction that purports to assign, charge, anticipate or give as security any such benefit is void;

  • (b) a benefit to which a contributor, survivor or child is entitled under this Part or Part III is not capable of being surrendered or commuted during the lifetime of that person except under section 12.1 or subsection 18(2) and any other transaction that purports to so surrender or commute any such benefit is null and void; and

  • (c) a benefit under this Part or Part III is exempt from attachment, seizure and execution, either at law or in equity.