Royal Canadian Mounted Police Superannuation Regulations (C.R.C., c. 1393)

• 16 (1) The circumstances referred to in subsection 9(5) of the Act under which a contributor who ceased to be a member of the Force and was employed by an eligible employer may revoke an option that the contributor exercised under paragraph 11(3)(b) or (9)(b) of the Act, or is deemed under subsection 9(4) of the Act to have exercised, and exercise a new option exist if

  • (a) the contributor has not yet received a benefit under the Act; and

  • (b) the contributor, on ceasing to be a member of the Force,

    • (i) reasonably expected that an agreement referred to in subsection 24.1(2) of the Act would be entered into and

      • (A) no such agreement had been entered into at the time the contributor applied to revoke the option, or

      • (B) the agreement was entered into after the contributor ceased to be a member of the Force but the contributor’s pensionable service could not be transferred under the agreement, or

    • (ii) took all necessary actions to transfer the contributor’s pensionable service to the eligible employer but, through no fault on the part of the contributor, the transfer could not be validly completed.

• (2) A contributor who ceased to be a member of the Force and was employed by an eligible employer may, in the circumstances set out in paragraphs (1)(a) and (b), revoke an option that the contributor has exercised under subsection 12(2) of the Act and exercise a new option; a contributor may also, in the same circumstances, revoke an option that the contributor has exercised under subsection 12.1(1) of the Act.

• (3) The contributor shall exercise the new option within three months after the day on which the notice, which advises the contributor that the transfer of the contributor’s pensionable service to the eligible employer was not possible, is sent.

• (4) The new option shall be effective on the day on which the contributor exercised, or was deemed to have exercised, the previous option.

17 A contributor who, as a result of the exercise of a new option under subsection 9(5) of the Act or subsection 14(2) or 16(2), is entitled to an annuity, and to whom undue financial hardship that was unforeseen at the time the option was exercised will be caused if the contributor is required to make the repayment referred to in subparagraph 15(b)(i), may make the repayment in approximately equal monthly instalments, by reservation from the annuity, of an amount not less than 10% of the gross monthly amount of the annuity and any supplementary benefit that relates to it.

Calculation of Benefits — Service as a Part-time Member or a Part-time Employee

17.1 In respect of a contributor who has been a part-time member or a part-time employee during the contributor’s period of pensionable service, the definition cash termination allowance in subsection 9(1) of the Act is adapted as follows:

cash termination allowance

cash termination allowance, in respect of a contributor who has been a part-time member or a part-time employee during the contributor’s period of pensionable service, shall be equal to the aggregate of amounts calculated in accordance with the following formula for each segment of the period during which the value for variable “C” changes

(1/12 x A x B x C/D) – (E – F)

where

A

is the number of years in the segment,

B

is

• (a) if the contributor was a full-time member on ceasing to be a member of the Force, the pay authorized to be paid to the contributor at that time, or

• (b) if the contributor was then a part-time member, the pay determined in accordance with subsection 17.3(2) of the Royal Canadian Mounted Police Superannuation Regulations,

C

is the weekly average of the hours of work, determined in accordance with section 5.3 of those Regulations, for which the contributor was engaged during the segment,

D

is the normal number of hours of work per week for full-time members,

E

is the total amount the contributor would have been required to contribute to the Superannuation Account or the Royal Canadian Mounted Police Pension Fund during the segment, other than interest or charges for payments by instalments, in respect of service after 1965, if the contributor had contributed on the basis of the rates set forth in subsection 5(1) as it read on December 31, 1965, and

F

is the total amount the contributor was required to contribute to the Superannuation Account or the Royal Canadian Mounted Police Pension Fund during the segment, other than interest or charges for payments by instalments, in respect of service after 1965;

17.2 In respect of a contributor who has been a part-time member or a part-time employee during the contributor’s period of pensionable service, subsections 10(1) to (3) of the Act are adapted as follows:

• 10 (1) The annuity of a contributor who has been a part-time member or part-time employee during the contributor’s period of pensionable service — not exceeding 35 years — shall be equal to the aggregate of amounts calculated in accordance with the following formula for each segment of the period during which the value for variable “C” changes:

  A/50 x B x C/D

  where

  A

  is the number of years in the segment;

  B

  is the average annual pay during any period selected by or on behalf of the contributor consisting of consecutive periods of pensionable service totalling five years or those years of pensionable service that the contributor has if the contributor has less, that pay being calculated, in respect of pensionable service credited to the contributor after December 14, 1994, without taking into account that part of the annual rate of pay that exceeds the amount determined in accordance with section 8.1 of the Royal Canadian Mounted Police Superannuation Regulations;

  C

  is the weekly average of the hours of work, determined in accordance with section 5.3 of those Regulations, for which the contributor was engaged during the segment; and

  D

  is the normal number of hours of work per week for full-time members.

• (2) In respect of a contributor who has been a part-time member or a part-time employee during the contributor’s period of pensionable service, there shall be a deduction from the amount of the annuity, if the contributor has reached the age of 65 years or has become entitled to a disability pension under the Canada Pension Plan or a provincial pension plan, determined in accordance with the following formula for each segment of the period during which the value of variable “E” changes:

  A × B × C

  where

  A

  is

  • (a) if the contributor was born before 1943, 0.007,

  • (b) if the contributor was born in 1943, 0.00685,

  • (c) if the contributor was born in 1944, 0.0067,

  • (d) if the contributor was born in 1945, 0.00655,

  • (e) if the contributor was born in 1946, 0.0064, or

  • (f) if the contributor was born after 1946, 0.00625;

  B

  is the lesser of the number of years, credited to the contributor, in the segment after 1965 or after the contributor has attained the age of 18 years; and

  C

  is the lesser of

  • (a) the average of the Year’s Maximum Pensionable Earnings, within the meaning of the Canada Pension Plan, for five years consisting of the year in which the contributor most recently ceased to be a member of the Force and the four preceding years, and

  • (b) an amount determined in accordance with the following formula:

    D × E/F

    where

    D

    is the average annual pay referred to in variable “B” in subsection (1),

    E

    is the weekly average of the hours of work, determined in accordance with section 5.3 of the Royal Canadian Mounted Police Superannuation Regulations, for which the contributor was engaged during the segment, and

    F

    is the normal number of hours of work per week for full-time members.

• 17.3 (1) For the purposes of subsections 10(1) to (3) of the Act as adapted by section 17.2, the pay of the contributor shall be the pay authorized to be paid to the contributor if the contributor was a full-time member at the following times:

  • (a) on the most recent occasion on which the contributor became a contributor, in the case of any period of service or part of a period of service referred to in clause 6(b)(ii)(C), (D), (E), (G) or (N) of the Act, despite paragraph 10(4)(a) of the Act;

  • (b) on the day on which the contributor made the election, in the case of any period of service or part of a period of service referred to in clause 6(b)(ii)(C), (D), (E), (G) or (N) of the Act in respect of which the contributor has made an election under clause 6(b)(ii)(J) of the Act, despite paragraph 10(4)(a) of the Act;

  • (c) on the day before the day on which clause 6(b)(ii)(M) of the Act, as enacted by subsection 172(4) of the Public Sector Pension Investment Board Act, being chapter 34 of the Statutes of Canada, 1999, comes into force, in the case of any period of service or part of a period of service referred to in that clause; or

  • (d) during any other period of service or part of a period of service.

• (2) If the contributor was a part-time member at those times, the pay shall be the pay that would have been authorized to be paid to the contributor if the contributor had been a full-time member at those times, or if the contributor had then been engaged to work concurrently in more than one position, it shall be the aggregate of the amounts calculated for each position in accordance with the formula

  A x B/C

  where

  A

  is the pay that would have been authorized to be paid to the contributor if the contributor had been a full-time member at that time;

  B

  is the weekly average of the hours of work for which the contributor was engaged; and

  C

  is the total of the weekly averages of the hours of work for which the contributor was engaged in all positions.

17.4 In respect of a contributor who has been a part-time member or a part-time employee during the contributor’s period of pensionable service, the portion of subsection 13(1) of the Act before paragraph (a) is adapted as follows:

• 13 (1) On the death of a contributor who has been a part-time member or a part-time employee during the contributor’s period of pensionable service and who, at the time of the contributor’s death, was entitled under this Part to an annuity or annual allowance, the survivor and children of the contributor are entitled to the following allowances, calculated on the basis of a basic allowance determined in accordance with subsection (1.1):

17.5 In respect of a contributor who has been a part-time member or a part-time employee during the contributor’s period of pensionable service, section 13 of the Act is adapted by adding the following after subsection (1):

• (1.1) The basic allowance shall be equal to the aggregate of amounts calculated in accordance with the following formula for each segment of the contributor’s period of pensionable service during which the value for variable “C” changes:

  A x B x C/D x 1%

  where

  A

  is the number of years of the segment;

  B

  is the average annual pay during any period selected by or on behalf of the contributor consisting of consecutive periods of pensionable service totalling five years or those years of pensionable service that the contributor has if the contributor has less, that pay being calculated, in respect of pensionable service credited to the contributor after December 14, 1994, without taking into account that part of the annual rate of pay that exceeds the amount determined in accordance with section 8.1 of the Royal Canadian Mounted Police Superannuation Regulations;

  C

  is the weekly average of the hours of work, determined in accordance with section 5.3 of those Regulations, for which the contributor was engaged during the segment; and

  D

  is the normal number of hours of work per week for full-time members.

• (1.2) For the purposes of variable “B” in subsection (1.1), the pay of the contributor shall be determined in accordance with section 17.3 of the Royal Canadian Mounted Police Superannuation Regulations.

17.6 In respect of a contributor who has been a part-time member or a part-time employee during the contributor’s period of pensionable service, paragraph 14(b) of the Act is adapted as follows:

• (b) if a contributor was a part-time member or a part-time employee during the contributor’s period of pensionable service, the aggregate of amounts calculated in accordance with the following formula for each segment of the period during which the value for variable “C” changes

  1/12 x A x B x C/D

  where

  A

  is the number of years of the segment,

  B

  is

  • (i) if the contributor was a full-time member at the time of the contributor’s death, the pay authorized to be paid to the contributor at that time, or

  • (ii) if the contributor was then a part-time member, the pay determined in accordance with subsection 17.3(2) of the Royal Canadian Mounted Police Superannuation Regulations,

  C

  is the weekly average of the hours of work, determined in accordance with section 5.3 of those Regulations, for which the contributor was engaged during the segment, and

  D

  is the normal number of hours of work per week for full-time members,

Payments to Children

• 18 (1) [Repealed, SOR/2013-125, s. 28]

• (2) Where a child is born to a person at a time when that person was over 60 years of age, unless after that time that person becomes or continues to be a contributor, the child is not entitled to an annual allowance under the Act unless it appears to the Minister that the child was born following a gestation period commencing prior to the day on which the contributor attained the age of 60 years or ceased to be a member of the Force.

Full-time Attendance at a School or University Substantially Without Interruption

• 19 (1) For the purposes of subsection 13(4) of the Act, full-time attendance at a school or university means full-time attendance at a school, college, university or other educational institution that provides training or instruction of an educational, professional, vocational or technical nature and a child shall be deemed to be or to have been in full-time attendance at a school or university substantially without interruption

  • (a) during an absence by reason of a scholastic vacation

    • (i) if immediately after such vacation the child begins or resumes full-time attendance at a school or university in the next ensuing academic year,

    • (ii) where it is determined by the Commissioner that the child cannot comply with subparagraph (i) by reason of illness or any other cause that the Commissioner considers reasonable, if the child begins or resumes full-time attendance at a school or university, at any time during the academic year immediately following the scholastic vacation, or

    • (iii) where it is determined by the Commissioner that the child cannot comply with subparagraph (ii), if the child begins or resumes such full-time attendance in the academic year following the year mentioned in subparagraph (i); and

  • (b) during an absence occurring in an academic year by reason of illness or any other cause that the Commissioner considers reasonable, if immediately after such absence the child begins or resumes full-time attendance at a school or university in that academic year or where it is determined by the Commissioner that the child is unable to do so, if the child begins or resumes such full-time attendance in the next ensuing academic year.

• (2) Where a child’s absence by reason of illness commences after the child has begun an academic year and it is determined by the Commissioner, on evidence satisfactory to him or her, that by reason of such illness it is not possible for the child to resume full-time attendance at a school or university, that child shall, notwithstanding paragraph (1)(b) be deemed to have been in full-time attendance substantially without interruption at a school or university until the end of that academic year.

• (3) Where the death of a child occurred while the child was absent from school or university by reason of illness or any other cause that the Commissioner considers reasonable, that child shall, notwithstanding subsection (1), be deemed to have been in full-time attendance substantially without interruption at a school or university

  • (a) until their death, where it occurred during the academic year in which their absence commenced; or

  • (b) until the end of the academic year in which their absence commenced, where their death occurred after that academic year.

• (4) Where a child ceases to be a child as defined in subsection 13(4) of the Act, while the child is absent

  • (a) during an academic year by reason of illness or any other cause that the Commissioner considers reasonable, or

  • (b) during a scholastic vacation,

  that child shall, notwithstanding subsection (1), be deemed to have been in full-time attendance at a school or university substantially without interruption until the child ceased to be a child if, immediately after such absence,

  • (c) in the case of an absence referred to in paragraph (a), the child begins or resumes such full-time attendance at a school or university in that academic year or where it is determined by the Commissioner that that child is unable to do so, the child begins or resumes such full-time attendance in the next ensuing academic year; or

  • (d) in the case of an absence referred to in paragraph (b), the child begins or resumes such full-time attendance at a school or university in the next ensuing academic year.