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

Marginal note:Calculation of benefit

• 39 (1) The supplementary benefit payable to a recipient for a month in any year shall be calculated with reference to the retirement year of the recipient and shall be equal to the amount of the supplementary retirement benefit that would be payable with respect to the recipient’s pension under section 4 of the Supplementary Retirement Benefits Act if that Act applied to the recipient.

• Marginal note:Exception for first year benefits received

  (2) The supplementary benefit payable to a recipient for a month in the year immediately following the recipient’s retirement year is equal to the product obtained by multiplying

  • (a) the amount of the supplementary benefit that would, but for this section, be payable to the recipient for that month

    by

  • (b) the ratio that the number of complete months that remained in the retirement year after the retirement month bears to twelve.

• Marginal note:Determination of retirement year or month

  (3) For the purposes of this section,

  • (a) the retirement year or retirement month of a person to or in respect of whom or in respect of whose service a pension is payable, other than a person referred to in paragraph (b), is the year or month, as the case may be, in which, for the purposes of this Act, that person most recently ceased to be a member of the Force; and

  • (b) the retirement year or retirement month of a person who is in receipt of a pension by reason of being a survivor or a child, is the retirement year or retirement month, as the case may be, of the person in respect of whom or in respect of whose service the pension is payable.

• Marginal note:No decrease in amount of supplementary benefit

  (4) Notwithstanding subsection (1) but subject to section 40, the aggregate of the amount of the supplementary benefit and the pension that may be paid to a recipient for a month in any year shall not be less than the aggregate of the amount of the supplementary benefit and the pension that was or may be paid to that recipient for any month in the year next before that year.

• Marginal note:Minimum guaranteed amount

  (5) Despite subsections (1), (2) and (4) but subject to section 40, the amount of the supplementary benefit that may be paid for a month in any year to a recipient shall not be less than an amount equal to the difference obtained by subtracting the amount of the pension that may be paid to the recipient for that month in that year from the aggregate of the supplementary benefit and the maximum pension that would have been payable to that recipient for that month in that year, otherwise than pursuant to this section, if the retirement month of the retirement year of the recipient had been that month in such year as is determined by

  • (a) the Governor in Council, in the case of a person to or in respect of whom the pension is payable on ceasing to hold an office to which the person was appointed by the Governor in Council; or

  • (b) the Treasury Board, in the case of a person other than a person described in paragraph (a).

Marginal note:Manner of payment of benefit

• 40 (1) The supplementary benefit payable to a recipient shall be paid at the same times, in the same manner, during or in respect of the same periods and subject to the same terms and conditions as the pension payable to that recipient.

• (2) [Repealed, 1999, c. 34, s. 205]

PART IVGeneral

Marginal note:Regulations

• 41 (1) The Governor in Council may, for the purpose of enabling the pension plan provided by this Act to conform with any provision of section 147.1 of the Income Tax Act and Part LXXXV of the Income Tax Regulations, make regulations

  • (a) adapting any provision of this Act or of any regulation made under this Act;

  • (b) respecting the application of any provision of this Act or of any regulation made under this Act; and

  • (c) generally as the Governor in Council may consider necessary for that purpose.

• Marginal note:Regulations

  (2) The Governor in Council may, for the purpose of ensuring the practical and fair application of this Act in any case where regulations are made or have been made under subsection (1), make regulations

  • (a) adapting any provision of this Act or of any regulation made under this Act;

  • (b) respecting the application of any provision of this Act or of any regulation made under this Act; and

  • (c) generally as the Governor in Council may consider necessary for that purpose.

• Marginal note:Inconsistency with Act or other regulations

  (3) In the event of any inconsistency between the provisions of any regulations made under subsection (1) or (2) and the provisions of this Act or any other regulations made under this Act, the provisions of the regulations made under subsection (1) or (2) prevail to the extent of the inconsistency.

• Marginal note:Retroactive application of regulations

  (4) Regulations made under subsection (1) or (2) may, if they so provide, be retroactive and be deemed to come into force on a day prior to the day on which they are made, which prior day shall not be before the day on which this subsection comes into force.

• Marginal note:Void regulations

  (5) A regulation made under subsection (1) or (2) is void if the regulation would reduce or have the effect of reducing the amount of any pension, annual allowance, annuity, supplementary benefit or lump sum payment that has accrued to any person before the day on which the regulation is made.

• Marginal note:Powers of Treasury Board

  (6) The Treasury Board may, in addition to the powers conferred on it by paragraph 7(2)(d) of the Financial Administration Act, exercise the powers of the Governor in Council under this section.

Marginal note:Regulations

• 42 (1) The Governor in Council may make regulations respecting the manner in which and the extent to which any provisions of this Act or of any regulations made under this Act apply in respect of any service in the reserve force of the Canadian Forces of a contributor and adapting any of those provisions for the purposes of that application.

• Marginal note:Retroactive application of regulations

  (2) Regulations made under subsection (1) may, if they so provide, be retroactive and have effect with respect to any period before they are made.

• Marginal note:Powers of Treasury Board

  (3) The Treasury Board may, in addition to the powers conferred on it by paragraph 7(2)(d) of the Financial Administration Act, exercise the powers of the Governor in Council under this section.

Marginal note:Power of Minister

43 The Minister may use electronic means to create, communicate, make available, collect, receive, store or otherwise deal with documents or information under this Act.

Marginal note:Regulations — electronic means

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

  • (a) respecting the use of electronic means to create, communicate, make available, collect, receive, store or otherwise deal with a document or information under this Act, including

    • (i) the technology or process, and the format, to be used,

    • (ii) the place where an electronic document is to be made or sent,

    • (iii) the time and circumstances when an electronic document is considered to be sent or received and the place where it is considered to have been sent or received,

    • (iv) the technology or process to be used to make or verify an electronic signature and the manner in which the signature is to be used, and

    • (v) the circumstances in which an electronic document must be signed with an electronic signature or a secure electronic signature; and

  • (b) providing that a requirement under a provision of this Act to provide a document or information by non-electronic means is satisfied by the provision of an electronic document if the prescribed conditions, if any, have been complied with.

• Marginal note:Personal Information Protection and Electronic Documents Act

  (2) In subsection (1), electronic document, electronic signature and secure electronic signature have the same meaning as in subsection 31(1) of the Personal Information Protection and Electronic Documents Act.

• Marginal note:Powers of Treasury Board

  (3) The Treasury Board may, in addition to the powers conferred on it by paragraph 7(2)(d) of the Financial Administration Act, exercise the powers of the Governor in Council under subsection (1).