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

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

• 19 (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• (4) [Repealed, 1989, c. 6, s. 27]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.

19.1 [Repealed, 1999, c. 34, s. 187]

Diversion of Amounts Payable in Certain Cases

Marginal note:Payment to dependants of recipient

• 20 (1) When any court in Canada of competent jurisdiction has made an order requiring a recipient to pay financial support, amounts payable to the recipient under this Part or Part III are subject to being diverted to the person named in the order in accordance with Part II of the Garnishment, Attachment and Pension Diversion Act.

• Marginal note:Where recipient unable to manage own affairs

  (2) Where, for any reason, a recipient is unable to manage the recipient’s own affairs, or where the recipient is incapable of managing the recipient’s own affairs and there is no person entitled by law to act as the recipient’s committee, the Receiver General may pay to any person designated by the Minister to receive payment on behalf of the recipient any amount that is payable to the recipient under this Part or Part III.

• Marginal note:Payment deemed to be to recipient

  (3) For the purposes of this Part and Part III, any payment made by the Receiver General pursuant to subsection (1) or (2) is deemed to be a payment to the recipient in respect of whom the payment was made.

• (4) [Repealed, 2000, c. 12, s. 289]

Presumption of Death

Marginal note:Presumption of death

• 21 (1) Where a contributor or a person to whom any benefit has become payable under this Act or the former Act has, either before or after the coming into force of this subsection, disappeared under circumstances that, in the opinion of the Minister, raise beyond a reasonable doubt a presumption that the person is dead, the Minister may determine the date for the purposes of this Act and the former Act on which that person’s death is presumed to have occurred, and thereupon that person is deemed for all purposes of this Act and the former Act to have died on that date.

• Marginal note:Change of date

  (2) If, after the date of a person’s death is determined by the Minister under subsection (1), new information or evidence is received by the Minister that the date of death is different, the Minister may determine a different date of death, in which case the person is deemed for all purposes of this Act and the former Act to have died on that different date.

Minimum Benefits

Marginal note:Minimum benefits

• 22 (1) Where, on the death of a contributor who was not a member of the Force on or after December 20, 1975, there is no person to whom an allowance provided in this Part may be paid, or where the persons to whom such allowance may be paid die or cease to be entitled thereto and no other amount may be paid to them under this Part, any amount by which the amount of a return of contributions exceeds the aggregate of all amounts paid to those persons and to the contributor under this Part or Part V of the former Act shall be paid, as a death benefit, to the estate of the contributor or, if less than one thousand dollars, as the Minister may direct.

• Marginal note:Idem

  (2) Where, on the death of a contributor who was a member of the Force on or after December 20, 1975, there is no person to whom an allowance provided in this Part may be paid, or where the persons to whom such allowance may be paid die or cease to be entitled thereto and no other amount may be paid to them under this Part, an amount equal to the amount by which

  • (a) the greater of

    • (i) the amount of a return of contributions, and

    • (ii) an amount equal to five times the annuity to which the contributor was or would have been at the time of his death entitled determined in accordance with subsection 10(1),

  exceeds

  • (b) the aggregate of all amounts paid to those persons and to the contributor under this Part and Part V of the former Act,

  shall be paid, as a death benefit,

  • (c) if the contributor, pursuant to any regulations made under section 26, named his estate as his beneficiary or named another beneficiary who may be named under those regulations and the beneficiary survives the contributor, to the beneficiary, and

  • (d) in any other case, to the estate of the contributor or, if less than one thousand dollars, as the Minister may direct.

Special Cases

Former Members of the Force

Marginal note:Persons re-appointed to or re-enlisted in the Force

23 If a person who has become entitled to an annuity or annual allowance under this Part or a pension under Part V of the former Act by virtue of having served in the Force is re-appointed to or re-enlisted in the Force and becomes a contributor under this Part, whatever right or claim that he or she may have had to that annuity, annual allowance or pension, in this section referred to as the “original annuity”, shall then cease and the period of service on which the original annuity was based may be counted by him or her as pensionable service for the purposes of this Part, except that

• (a) if, on subsequently ceasing to be a member of the Force, he or she is not entitled under this Part to any benefit other than a return of contributions, the amount returned shall not include any amount paid into the Superannuation Account or the Royal Canadian Mounted Police Pension Fund to his or her credit at any time before the time of his or her re-appointment to or re-enlistment in the Force, and whatever right or claim that, but for this section, he or she would have had to the original annuity on subsequently ceasing to be a member of the Force shall then be restored to him or her; and

• (b) if, on subsequently ceasing to be a member of the Force, he is entitled under this Part to an annuity or annual allowance the capitalized value of which is less than the capitalized value of the original annuity, in lieu of any other benefit under this Part whatever right or claim that, but for this section, he would have had to the original annuity on subsequently ceasing to be a member of the Force shall thereupon be restored to him, and there shall be paid to him an amount equal to his contributions under this Part made in respect of the period of his service in the Force after the time of his re-appointment or re-enlistment.

Former Public Service Employees and Members of the Regular Force

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), 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 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”.