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

Transfer Agreements

Marginal note:Definition of eligible employer

• 24.1 (1) In this section, eligible employer means an employer for the benefit of whose employees there is a pension plan or retirement savings plan of a class prescribed by regulations made under paragraph 26.1(1)(h .3), and includes the administrator of any such pension plan or retirement savings plan.

• Marginal note:Authority to enter into agreement

  (2) The Minister may, on terms approved by the Treasury Board, enter into an agreement with any eligible employer that

  • (a) requires the Minister to pay to the employer, for the purpose of any plan referred to in subsection (1), an amount determined in accordance with subsection (3) in respect of any contributor who has ceased or ceases to be a member of the Force and is or becomes employed by that employer; and

  • (b) may provide that any eligible employer pay into the Superannuation Account or the Royal Canadian Mounted Police Pension Fund an amount determined in accordance with the agreement in respect of any person who has ceased or ceases to be employed by that employer and is or becomes a member of the Force.

• Marginal note:Authority to transfer contributions

  (3) When a contributor ceases to be a member of the Force and is or becomes employed by any eligible employer with whom the Minister has entered into an agreement pursuant to subsection (2), there may be paid, subject to the terms and conditions that the agreement provides and if the agreement so provides, to that employer

  • (a) out of the Superannuation Account

    • (i) amounts equal in the aggregate to

      • (A) an amount not exceeding the value, actuarially calculated in accordance with the agreement, of all benefits accrued under this Part and Part III in respect of the pensionable service to the credit of the contributor before April 1, 2000, and

      • (B) an amount representing interest on the amount determined in accordance with clause (A) as of the date of payment to the eligible employer that the Minister determines, or

    • (ii) the benefits payable under this Part and Part III to or in respect of the contributor, as they become payable, in respect of the pensionable service to the credit of the contributor before April 1, 2000; and

  • (b) out of the Royal Canadian Mounted Police Pension Fund

    • (i) amounts equal in the aggregate to

      • (A) an amount not exceeding the value, actuarially calculated in accordance with the agreement, of all benefits accrued under this Part and Part III in respect of the pensionable service of the contributor on or after April 1, 2000 or that comes to the credit of the contributor on or after that date, and

      • (B) an amount representing interest on the amount determined in accordance with clause (A) as of the date of payment to the eligible employer that the Minister determines, or

    • (ii) the benefits payable under this Part and Part III to or in respect of the contributor, as they become payable, in respect of the pensionable service to the credit of the contributor on or after April 1, 2000 or that comes to the credit of the contributor on or after that date.

• Marginal note:Consent of contributor

  (4) No payment shall be made pursuant to subsection (3) except with the consent in writing of the contributor.

• Marginal note:Non-applicability of subsection 9(7)

  (5) Subsection 9(7) does not apply in respect of a payment made pursuant to subsection (3).

• Marginal note:No benefit payable in respect of transferred contributions

  (6) Subject to any regulations made under paragraph 26.1(1)(h.3), if, under paragraph (3)(a), the Minister makes a payment to an eligible employer in respect of an employee, the employee ceases to be entitled to any benefit under this Part or Part III in respect of the period of pensionable service to which that payment relates.

• Marginal note:Payment of difference

  (7) Subject to subsection (8), if the amount paid by the Minister to an eligible employer pursuant to subsection (3) in respect of an employee is less than the transfer value that would be calculated in respect of that employee in accordance with section 12.1, whether or not the employee would otherwise be entitled to the transfer value, the Minister shall pay an amount equal to the amount of the difference to the employee in accordance with subsection 12.1(2).

• Marginal note:Payment of difference

  (8) If the amount paid by the Minister to an eligible employer pursuant to subsection (3) in respect of an employee is less than the return of contributions to which that employee would otherwise be entitled under section 11, the Minister shall pay to the employee an amount equal to the amount of the difference.

• Marginal note:Service countable by person becoming a member of the Force

  (9) If an employee of any eligible employer with whom the Minister has entered into an agreement under subsection (2) has ceased to be employed by that employer and is or becomes a member of the Force, any service of that employee that, at the time of leaving that employment, the employee was entitled to count for the purpose of any plan referred to in subsection (1) established for the benefit of employees of that employer may, if the agreement so provides, be counted by the employee as pensionable service for the purposes of section 6, to the extent and subject to the terms and conditions provided in the regulations, if the employer pays into the Superannuation Account or the Royal Canadian Mounted Police Pension Fund the amount that is required under the agreement to be so paid by that employer in respect of the employee.

Pension Board

Marginal note:Pension Board

25 The Minister may establish a board to be known as the Royal Canadian Mounted Police Pension Board, consisting of three officers appointed by the Minister, to advise and assist the Minister on matters arising in connection with the administration of this Part.

Advisory Committee

Marginal note:Advisory committee

• 25.1 (1) The Minister shall establish a committee, to be known as the Royal Canadian Mounted Police Pension Advisory Committee, the members of which are appointed by the Minister in accordance with subsection (2), to advise and assist the Minister on matters arising in connection with the operation of this Act.

• Marginal note:Mandate

  (1.1) The mandate of the committee is to

  • (a) review matters respecting the administration, design and funding of the benefits provided under this Act and make recommendations to the Minister about those matters; and

  • (b) review any other pension-related matters that the Minister may refer to it.

• Marginal note:Membership

  (2) The membership of the Committee shall consist of

  • (a) one person appointed from among contributors in receipt of an annuity under this Act who are nominated for appointment by an association that, in the opinion of the Minister, represents such contributors;

  • (b) three persons appointed from among persons required to contribute to the Royal Canadian Mounted Police Pension Fund who are nominated for appointment by a body that, in the Minister’s opinion, represents such persons;

  • (c) two persons appointed from among persons required to contribute to the Royal Canadian Mounted Police Pension Fund; and

  • (d) two other persons appointed by the Minister.

• Marginal note:Term

  (3) A member of the Committee shall be appointed to hold office for a term not exceeding three years and is eligible for reappointment for one or more additional terms.

• Marginal note:Recommendation of candidates

  (3.1) The advisory committee shall recommend to the Minister candidates for appointment to the nominating committee established under section 10 of the Public Sector Pension Investment Board Act.

• Marginal note:Chairperson

  (4) The Minister shall designate one of the members to be the chairperson of the Committee.

Regulations

Marginal note:Regulations

26 The Governor in Council may make regulations,

• (a) subject to section 26.1, prescribing anything that, by this Act, is to be prescribed or is to be determined or regulated by regulation;

• (b) specifying for the purposes of subsection 3(4), the employment as a member of the Force that is excepted employment;

• (c) prescribing, notwithstanding section 5, the manner in which and the circumstances under which persons who are required to contribute to the Superannuation Account or the Royal Canadian Mounted Police Pension Fund in accordance with those sections but who are or have been, either before or after April 1, 1960, absent from the Force on leave of absence without pay shall contribute to the Superannuation Account or the Royal Canadian Mounted Police Pension Fund in respect of that absence, prescribing the pay that shall be deemed to have been paid to those persons during that absence and respecting the contributions to be made by those persons to the Superannuation Account or the Royal Canadian Mounted Police Pension Fund in respect of that pay;

• (d) prescribing the circumstances under which and the terms and conditions on which an election under this Part may be revoked by any elector, either in whole or in part, and a new election made or deemed to have been made under this Part;

• (e) prescribing the methods by which and the bases on which the amount of any payment contemplated by subsection 8(4) is to be computed and the circumstances under which any such payment, whether made before or after April 1, 1960, may be refunded;

• (f) prescribing the circumstances under which and the terms and conditions on which an option under this Part may be revoked by any contributor and a new option made thereunder;

• (g) prescribing the evidence required to satisfy the Minister that a contributor has not become entitled to a disability pension described in paragraph 10(2)(b), the time and manner within which that evidence shall be provided and the form of that evidence;

• (h) defining, for the purposes of this Act, the expression full-time attendance at a school or university as applied to a child of a contributor;

• (i) respecting the circumstances under which attendance at a school or university shall be deemed, for the purposes of this Act, to be substantially without interruption;

• (i.1) prescribing the manner in which an amount referred to in section 19.1 may be recovered from any payment on account of the annual allowance referred to in that section;

• (i.2) respecting the determination of disability for the purposes of this Part and the conditions on which a cash termination allowance or an immediate annuity shall be paid or continue to be paid, including the initial assessment and subsequent periodic or other assessments of that disability;

• (j) prescribing, for the purposes of this Part, the methods by which and the bases on which the capitalized value of any annuity shall be computed;

• (k) prescribing the manner and time of naming beneficiaries under this Part;

• (l) authorizing a contributor to name his estate as his beneficiary and prescribing classes of persons and organizations from which beneficiaries may be named for the purposes of this Part;

• (m) prescribing, in the case of any person who, not having been a contributor under this Part or Part V of the former Act, ceased to be a member of the Force and subsequently, either before or after April 1, 1960, is re-appointed to or re-enlisted in the Force, the extent to which and the circumstances under which any pension payable or granted to him under Part II or III of the former Act shall be continued to him, and the extent to which and the terms and conditions on which any service of that person before the time he ceased so to be a member of the Force may be counted by him as pensionable service for the purposes of this Part;

• (n) respecting the determination, for the purposes of this Part, of the effective date on which a person shall be deemed to have become or to have ceased to be a member of the Force;

• (o) prescribing, in the case of any person described in subsection 93(4) of the former Act who, not having reached sixty-five years of age, ceased to be a member of the Force either before or after April 1, 1960, the amounts by which and the manner in which any annuity, annual allowance or pension payable under this Part or Part V of the former Act to that person shall be adjusted;

• (p) providing for the continuation in force of any outstanding direction made by the Treasury Board under section 105 of the former Act, under the circumstances contemplated by that section and subject to modification or suspension as contemplated by that section;

• (q) providing, notwithstanding anything in this Part, for the reduction by the Treasury Board of any annuity, annual allowance or pension payable under this Part or Part V of the former Act to or in respect of a person who, after his retirement from the Force, is convicted of an indictable offence committed by him while a member of the Force where, in the opinion of the Treasury Board, the commission of the offence by him constituted misconduct in the performance of his duties as a member of the Force;

• (r) providing for the payment out of the Superannuation Account or the Royal Canadian Mounted Police Pension Fund, on the death of a contributor and on application to the Minister by or on behalf of a person to whom any annual allowance becomes payable under this Part, of the whole or any part of the portion of any estate, legacy, succession or inheritance duties or taxes that are payable by the person that is determined in accordance with the regulations to be attributable to that allowance, and prescribing the amounts by which and the manner in which any such allowance and any amount payable under section 22 in any such case shall be reduced;

• (s) notwithstanding anything in this Part, providing that on attaining retirement age a contributor shall cease to be a member of the Force unless his continued service therein is authorized in accordance with the regulations, and prescribing the circumstances under which and the terms and conditions on which he may continue to be a member of the Force after he has attained that age; and

• (t) generally, for carrying into effect the purposes and provisions of this Part.

Marginal note:Regulations

• 26.1 (1) The Governor in Council may make regulations

  • (a) fixing an annual rate of pay for the purposes of subsection 5(5) or paragraph 10(4)(b) or prescribing the manner of determining the annual rate of pay;

  • (a.1) determining, for the purposes of paragraphs (b) to (d) of the definition service in the force in subsection 3(1), who is a police officer;

  • (b) prescribing the time at which and the manner in which an election may be made under subsection 6.1(1);

  • (c) prescribing, for the purposes of subsection 6.1(4), the portion of the period of leave of absence that shall be counted as pensionable service under clause 6(a)(ii)(A);

  • (c.1) prescribing the number of hours per week and the number of days per year for the purposes of subsection 5(6), clauses 6(b)(ii)(F.1), (M) and (N) and paragraph 7(1)(i);

  • (c.2) respecting the manner of determining the amount of a transfer value within the meaning of subsection 9(1), the terms and conditions under which a contributor may become entitled to a transfer value and any other matters that the Governor in Council considers necessary for the purposes of carrying out section 12.1;

  • (c.3) respecting the manner in which and the determination of the balances on which interest is to be calculated under subsection 9(6) and respecting the rates of interest for the purposes of paragraph 9(6)(b);

  • (d) notwithstanding any regulations made under paragraph 26(c), determining the amounts to be paid under paragraph 7(1)(i);

  • (e) respecting the election that may be made under section 14.1, including regulations respecting

    • (i) the time, manner and circumstances in which an election may be made, revoked or deemed to have been revoked,

    • (ii) the reduction to be made in the amount of an annuity or annual allowance when an election is made,

    • (iii) the amount of the immediate annual allowance to be paid under subsection 14.1(2), and

    • (iv) any other matter that the Governor in Council considers necessary for carrying out the purposes and provisions of section 14.1;

  • (f) and (g) [Repealed, 2000, c. 12, s. 290]

  • (h) respecting the rates at which interest shall be credited to the Superannuation Account under paragraph 29(1)(b), the manner in which it shall be calculated and the times at which it shall be credited to the Account;

  • (h.1) respecting the additional information that is required to be included in annual reports referred to in section 31;

  • (h.2) prescribing periods of service in the Force and periods of pensionable service for the purposes of sections 11, 12.1, 13 and 14, these periods being in no case shorter than two years or longer than, in the case of paragraphs 11(7)(a) and 11(8)(a) and sections 13 and 14, five years, in the case of paragraphs 11(1)(a), 11(2)(a), 11(3)(a) and 11(5)(a), subparagraph 11(9)(b)(iii), subsection 11(11) and section 12.1, ten years, in the case of paragraphs 11(3)(c) and 11(5)(c), twenty years, in the case of paragraph 11(5)(d) and subparagraph 11(9)(b)(ii), twenty-five years, in the case of paragraph 11(9)(a) and clause 11(9)(b)(iii)(B), thirty years, and in the case of subsection 11(12), thirty-five years;

  • (h.3) prescribing classes of pension plans or retirement savings plans for the purposes of subsection 24.1(1) and respecting the extent to which, and the terms and conditions subject to which, service may be counted as pensionable service pursuant to subsection 24.1(9);

  • (h.4) respecting the manner in which and extent to which any provision of this Act or any regulations made under this Act apply to a member of the Force who is engaged to work at least the number of hours per week or the number of days per year prescribed in regulations made under paragraph (c.1) and adapting any of those provisions for the purposes of that application;

  • (h.5) respecting the terms and conditions under which and the time and manner in which an election may be made in respect of a period of service specified in clauses 6(b)(ii)(F.1) and (L) to (P), the manner of determining in accordance with paragraph 7(1)(i) the amounts that are to be paid in respect of that election, the periods of service that may be counted for the purposes of that election, and the manner in which and extent to which section 8 and any regulations referred to in section 8 apply in respect of that election and to any contributor who makes that election and adapting any of those provisions for the purposes of that application;

  • (h.6) prescribing ages for the purposes of subsection 11(9), these ages being no greater than, in the case of paragraph 11(9)(a) and subparagraph 11(9)(b)(iii), fifty-five years of age and in the case of subparagraph 11(9)(b)(ii), fifty years of age; and

  • (i) generally as the Governor in Council may consider necessary for carrying out and giving effect to any provision of this Act referred to in this subsection.

• Marginal note:Retroactive application of regulations

  (2) Regulations made under paragraph (1)(a), (c), (d), (h) or (h.4) may, if they so provide, have retroactive effect.