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

Declaration of Enrolment or Attendance at a School or University

• 20 (1) There shall be submitted to the Commissioner in support of each claim that a child of 18 or more years of age

  • (a) is or has been enrolled in a course requiring full-time attendance substantially without interruption at a school or university, a declaration in a form satisfactory to the Commissioner and signed by a responsible officer of that school or university, certifying as to such enrolment; and

  • (b) is or has been for a period of time, in full-time attendance at a school or university substantially without interruption, a declaration of such attendance in a form satisfactory to the Commissioner and signed by such child.

• (2) [Repealed, SOR/2012-124, s. 12]

Limit on Child’s Entitlement

20.1 Notwithstanding subsection 13(4) of the Act, the child of a contributor who dies after October 30, 1998 is not entitled to an annual allowance under section 13 of the Act unless, at the time of the contributor’s death, the child was dependent on the contributor for support.

Limit on Survivors’ and Children’s Benefits

• 20.2 (1) The monthly amount payable to a survivor or child of a deceased contributor under section 13 of the Act in respect of pensionable service occurring after December 31, 1991 shall be reduced so that the aggregate of that amount and the benefits payable under Part III of the Act in respect of that amount does not exceed the maximum monthly amount of retirement benefits that may be paid to the beneficiary of a member, determined under paragraphs 8503(2)(d) to (f) of the Income Tax Regulations.

• (2) The aggregate of monthly amounts payable to the survivor and children of a deceased contributor under section 13 of the Act in respect of pensionable service occurring after December 31, 1991 shall be reduced so that the aggregate of those amounts and the benefits payable under Part III of the Act in respect of those amounts does not exceed the maximum monthly amount of retirement benefits that may be paid to the beneficiaries of a member, determined under paragraph 8503(2)(d) or (e) of the Income Tax Regulations.

• (3) The limits set out in subsections (1) and (2) apply to the monthly amounts payable in respect of a contributor who is required to contribute to the Royal Canadian Mounted Police Pension Fund on or after December 15, 1994 and who dies after February 7, 2002.

Actuarial Equivalent

21 For the purposes of paragraph 12(2)(b) of the Act, the actuarial equivalent of any deferred annuity shall be determined in accordance with Schedule I.

Payments Otherwise than by Monthly Instalments

22 The Minister may direct that an annuity or annual allowance be paid to a contributor or recipient in arrears annually or in arrears in equal instalments quarterly or semi-annually, where the aggregate amount of the payment is not greater than the aggregate amount of equal monthly instalments otherwise payable in accordance with subsection 9(2) of the Act and

• (a) the contributor or recipient requests the annuity or annual allowance to be paid otherwise than in equal monthly instalments; or

• (b) the payment of the annuity or annual allowance in equal monthly instalments is not practicable for administrative reasons.

23 [Repealed, SOR/2015-250, s. 4]

Evidence Required to Satisfy the Minister Under Paragraph 10(2)(b) of the Act

• 24 (1) The evidence required to satisfy the Minister that a contributor has not become entitled to a disability pension described in paragraph 10(2)(b) of the Act shall be

  • (a) a document signed by the contributor stating that the contributor has not become entitled to a disability pension payable under paragraph 44(1)(b) of the Canada Pension Plan or a similar provision of the Quebec Pension Plan; and

  • (b) a certificate signed by or on behalf of the Minister charged with the administration of the Canada Pension Plan or the President of the Quebec Pension Board, whichever is appropriate, certifying that the contributor named therein has not become entitled to a disability pension payable under paragraph 44(1)(b) of the Canada Pension Plan or a similar provision of the Quebec Pension Plan.

• (2) A contributor shall provide the evidence referred to in paragraph (1)(a) before the day on which the contributor becomes entitled to an annuity under the Act.

• (3) and (4) [Repealed, SOR/2013-125, s. 32]

Persons Convicted of Indictable Offences

25 In the case of a person who is convicted after retirement from the Force of an indictable offence committed while the person was a member of the Force any annuity, annual allowance or pension payable under Part I of the Act or Part V of the former Act to or in respect of the person may be reduced by the Treasury Board if, in its opinion, the commission of the offence constituted misconduct in the performance of the person’s duties as a member of the Force.

Retirement Age

26 For the purpose of calculating benefit entitlements under Part I of the Act, the retirement age of a contributor who holds a rank in the Force is 60 years except that for a contributor who holds a rank in the Force other than that of officer and who was a contributor at any time after February 25, 1987 and before June 30, 1988, the retirement age

• (a) for a corps sergeant-major, staff sergeant-major, sergeant-major or staff sergeant is 58 years;

• (b) for a sergeant is 57 years; and

• (c) for a corporal, constable or special constable is 56 years.

Medical Examination

Election Under Clause 6(b)(ii)(L), (N), (O) or (P) of the Act

• 26.1 (1) A contributor who makes an election referred to in clause 6(b)(ii)(L) of the Act shall undergo a medical examination referred to in paragraph 8(2)(b) of the Act only if the contributor makes the election more than one year after the day on which subsection 9.09(2) comes into force or the day on which the contributor most recently became a contributor, if the contributor most recently became a contributor after the day on which that subsection comes into force, and the contributor opts to pay by instalments.

• (2) A contributor who makes an election referred to in clause 6(b)(ii)(N) of the Act under clause 6(b)(ii)(J) of the Act shall undergo a medical examination referred to in paragraph 8(2)(b) of the Act only if the contributor opts to pay by instalments.

• (3) A contributor who makes an election referred to in clause 6(b)(ii)(O) or (P) of the Act more than one year after the day on which subsection 9.09(2) comes into force or the day on which the contributor most recently became a contributor, if the contributor most recently became a contributor after the day on which that subsection comes into force, and who opts to pay by instalments shall undergo a medical examination.

• 26.2 (1) A contributor shall undergo the medical examination referred to in paragraph 8(2)(b) of the Act or in subsection 26.1(3) within six months before or after the day on which the election is made.

• (2) If, through no fault on the part of the contributor, the contributor is unable to undergo the medical examination before the end of that period, the period shall be extended by six months.

• (3) The medical examination shall be performed by any physician who is authorized to practise medicine in the jurisdiction in which the examination is performed.

• (4) The contributor shall have passed the medical examination if the physician certifies in writing that the contributor has a life expectancy of at least five years.

• (5) A contributor to whom subsection 26.1(1), (2) or (3) applies who does not pass the medical examination shall pay the amount to be paid for the period of service in respect of which the election was made within 30 days after the day on which the notice that advises the contributor of the amount is sent.

• (6) If the contributor pays the amount to be paid in full within that time limit, the period of service in respect of which the election was made shall be counted as pensionable service.

• (7) If the contributor does not pay the amount to be paid in full within that time limit, the period of service in respect of which the election was made shall be counted as pensionable service, beginning with the part that is most recent in point of time, in the same proportion as the amount paid bears to the amount to be paid.

• (8) If the period of service in respect of which the election was made that is not counted in whole as pensionable service includes periods of full-time service and periods of part-time service, each of those periods shall be counted as pensionable service, beginning with the part that is most recent in point of time, in the same proportion as the amount paid bears to the amount to be paid.

Disability

• 27 (1) [Repealed, SOR/2012-124, s. 14]

• (2) A contributor who has not reached 60 years of age but who has become entitled under subsection 12(1) of the Act to an immediate annuity, in respect of a disability previously incurred by the contributor, shall undergo medical examinations, until the contributor reaches 60 years of age, at such times and at such places as the Commissioner may determine.

• (3) A report in accordance with such form as is prescribed by the Commissioner concerning each medical examination undergone by a contributor under this section shall be made to the Commissioner as soon as practicable after the conclusion of the examination.

28 [Repealed, SOR/2013-125, s. 34]

29 [Repealed, SOR/2013-125, s. 34]

Annual Report

29.1 Beginning with the fiscal year ending March 31, 2002, the annual report referred to in section 31 of the Act shall include the financial statements of the pension plan provided by the Act, prepared in accordance with the federal government’s stated accounting policies for the pension plan, which are based on generally accepted accounting principles.

Superannuation Account

• 30 (1) For the purposes of paragraph 29(1)(b) of the Act, interest shall be calculated in respect of each quarter in each fiscal year as of the last day of June, September, December and March on the balance to the credit of the Superannuation Account on the last day of the preceding quarter.

• (2) The rate to be used for the purpose of calculating interest under subsection (1) in respect of any quarter is that rate which would yield an amount of interest equal to the amount of interest that the aggregate of the balances to the credit of the Superannuation Accounts maintained under the Public Service Superannuation Act, the Canadian Forces Superannuation Act and the Royal Canadian Mounted Police Superannuation Act would have yielded during that quarter if the quarterly excess were invested at,

  • (a) where the rate is to be used in respect of any quarterly excess after December 31, 1965, the average of the rates of interest that may be or have been determined by the Minister of Finance for the months in that quarter pursuant to subsection 111(2) of the Canada Pension Plan; and

  • (b) where the rate is to be used in respect of any quarterly excess before the quarter ending on March 31, 1966, the average of the rates of interest determined by the Minister of Finance for the months in that quarter as if subsection 111(2) of the Canada Pension Plan had been in force.

• (3) The President of the Treasury Board shall cause notice of the rate to be used for the purposes of calculating interest under subsection (1) to be published each fiscal year in the Canada Gazette.

• (4) In this section, quarterly excess means

  • (a) the total of the amounts credited to the Superannuation Accounts maintained under the Public Service Superannuation Act, the Canadian Forces Superannuation Act and the Royal Canadian Mounted Police Superannuation Act during any quarter of a fiscal year

  minus

  • (b) the payments charged to those Accounts during that quarter

  plus

  • (c) the total of any amounts credited to those Accounts less the payments charged to those Accounts during any quarter of a fiscal year that is a multiple of 20 years prior to the quarter referred to in paragraph (a).

Calculation of Interest on Return of Contributions for Any Period Before 2001

• 30.1 (1) In this section, 1973 closing balance means the aggregate of all amounts referred to in paragraphs (a) and (b) of the definition return of contributions in subsection 9(1) of the Act that have been paid by the contributor into, or transferred to the credit of the contributor to, the Superannuation Account before January 1, 1974 and that have not been previously paid to the contributor as a return of contributions.

• (2) In this section, yearly contribution means the aggregate of all amounts referred to in paragraphs (a) and (b) of the definition return of contributions in subsection 9(1) of the Act that have been paid by the contributor into, or transferred to the credit of the contributor to, the Superannuation Account or the Royal Canadian Mounted Police Pension Fund during a calendar year and that have not been previously paid to the contributor as a return of contributions.

• (3) For the purposes of paragraph 9(6)(a) of the Act, for any period before January 1, 2001, interest shall be calculated on

  • (a) the 1973 closing balance, from January 1, 1974 to the earlier of December 31 of the year immediately preceding the year in which the contributor ceased to be a member of the Force and December 31, 2000; and

  • (b) each yearly contribution after 1973, from January 1 of the year following the year in which the contribution was made to the earlier of December 31 of the year immediately preceding the year in which the contributor ceased to be a member of the Force and December 31, 2000.

Calculation of Interest on Return of Contributions for Any Period after 2000

• 30.2 (1) In this section, 2000 closing balance means the aggregate of all amounts referred to in paragraphs (a) and (b) of the definition return of contributions in subsection 9(1) of the Act that have been paid by the contributor into, or transferred to the credit of the contributor to, the Superannuation Account or the Royal Canadian Mounted Police Pension Fund before January 1, 2001 and that have not been previously paid to the contributor as a return of contributions, plus interest on that aggregate amount calculated in accordance with section 30.1.

• (2) For the purposes of paragraph 9(6)(b) of the Act, for any period after December 31, 2000, interest shall be calculated and balances determined in accordance with this section and interest shall be calculated in respect of every quarter up to and including the quarter preceding the quarter in which the return of contributions is paid.

• (3) For the quarter ending March 31, 2001,

  • (a) if a return of contributions is paid during that quarter, interest shall be calculated and the balances determined in accordance with section 30.1; and

  • (b) in any other case, interest shall be calculated at the effective quarterly rate determined from an annual rate of four per cent on the 2000 closing balance.

• (4) For each quarter beginning after March 31, 2001 for which interest is being calculated, interest shall be calculated at the rate determined under subsections (5) and (6) for that quarter on

  • (a) the 2000 closing balance;

  • (b) the interest calculated in accordance with paragraph (3)(b) on the 2000 closing balance;

  • (c) the aggregate of all amounts referred to in paragraphs (a) and (b) of the definition return of contributions in subsection 9(1) of the Act that have been paid by the contributor into, or transferred to the credit of the contributor to, the Royal Canadian Mounted Police Pension Fund after December 31, 2000 but before the end of the quarter preceding the quarter for which interest is being calculated and that have not been previously paid to the contributor as a return of contributions; and

  • (d) interest calculated in accordance with this subsection as of the end of the quarter preceding the quarter for which interest is being calculated.

• (5) The rate of interest to be used for the purposes of subsection (4) is the effective quarterly rate determined from the annual rate of return of the Royal Canadian Mounted Police Pension Fund published in the previous fiscal year’s annual report for the Public Sector Pension Investment Board as laid before each House of Parliament under subsection 48(3) of the Public Sector Pension Investment Board Act.

• (6) If the rate of return referred to in subsection (5) is negative, the rate of interest shall be zero per cent.