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Former Members of Parliament Elections for Joint and Survivor Benefits Regulations (SOR/96-320)

Regulations are current to 2020-05-17

Former Members of Parliament Elections for Joint and Survivor Benefits Regulations

SOR/96-320

MEMBERS OF PARLIAMENT RETIRING ALLOWANCES ACT

Registration 1996-06-21

Regulations Respecting Elections Made Under Sections 23 and 43 of the Members of Parliament Retiring Allowances Act

P.C. 1996-997 1996-06-21

His Excellency the Governor General in Council, on the recommendation of the President of the Treasury Board, pursuant to sections 23Footnote * and 43Footnote **, subsection 56(2)Footnote *** and paragraphs 64(1)(m) to (o)Footnote **** of the Members of Parliament Retiring Allowances Act, is pleased hereby to make the annexed Regulations respecting elections made under sections 23 and 43 of the Members of Parliament Retiring Allowances Act, effective July 1, 1996.

Short Title

 These Regulations may be cited as the Former Members of Parliament Elections for Joint and Survivor Benefits Regulations.

Interpretation

 In these Regulations,

Act

Act means the Members of Parliament Retiring Allowances Act; (Loi)

election

election means an election made under section 23 or 43 of the Act; (choix)

spouse

spouse means a spouse referred to in sections 23 and 43 of the Act. (conjoint)

Election

 A former member may elect under section 23 or 43 of the Act to receive a joint and survivor benefit, not later than one year after the latest of

  • (a) the day on which these Regulations come into force,

  • (b) the day on which the former member and the spouse are married, and

  • (c) the day on which any allowance under Part II of the Act becomes payable to the former member.

  •  (1) Notwithstanding section 3, where a former member has not made an election within the period described in that section, the former member may make an election after the expiration of that period if the former member has received in writing, from a person employed in the Public Service, within the meaning of subsection 3(1) of the Public Service Superannuation Act, whose ordinary duties included the giving of advice respecting the election,

    • (a) erroneous or misleading information regarding the period during which the former member could make an election; or

    • (b) materially erroneous or misleading information regarding the amount of the former member’s joint and survivor benefit or the amount of the joint and survivor benefit to which the spouse would be entitled.

  • (2) Where it is established that a former member has received erroneous or misleading information as described in paragraph (1)(a) or (b), the Minister shall send the former member a written notice containing the correct information.

  • (3) An election may be made under subsection (1) not later than three months after the day on which the notice referred to in subsection (2) is sent.

  • SOR/2002-304, s. 1(F)

Documentary Evidence

 A former member, or a person acting on their behalf, shall, within one year after the day on which an election is made, send the Minister or a person designated by the Minister

  • (a) a document that is evidence of the spouse’s date of birth;

  • (b) a document that is evidence of the marriage of the former member and the spouse; and

  • (c) if the name of the spouse as indicated on a document referred to in paragraph (a) is not the same as the name of the spouse as indicated on a document referred to in paragraph (b), any other document that confirms that the evidence of the date of birth and of the marriage relates to the spouse, or a statutory declaration by which the spouse declares that the documents are in respect of the spouse.

  • SOR/2002-304, s. 2(F)
  •  (1) Subject to subsections (2) and (3), proof of age of a spouse is established by a birth certificate issued by a civil authority.

  • (2) Where a birth certificate cannot be obtained, proof of age of a spouse is established by

    • (a) a statutory declaration of the spouse in which the spouse attests to their date of birth and explains the reasons why the birth certificate cannot be obtained; and

    • (b) a document that was created

      • (i) within five years after the spouse’s date of birth, that states the name of the spouse and their date of birth or age, or

      • (ii) at least 20 years before the day on which the election is made, that states the spouse’s date of birth, accompanied by a statutory declaration by which a person other than the former member or the spouse attests that the date stated in the document is the correct date of birth of the spouse.

  • (3) Where a document or statutory declaration referred to in paragraph (2)(b) is required to be submitted but cannot be obtained, the statutory declaration referred to in paragraph (2)(a) shall set out the reasons why it cannot be obtained.

  •  (1) Subject to subsection (2), proof of the marriage between the former member and the spouse is established by a marriage certificate issued by a civil authority.

  • (2) Where a marriage certificate cannot be obtained, proof of the marriage between the former member and the spouse is established by

    • (a) a statutory declaration by which the former member or the spouse attests to the date of the marriage and explains the reasons why the marriage certificate cannot be obtained; and

    • (b) a document that is similar to a marriage certificate and that is issued in relation to the marriage ceremony, or a statutory declaration by a person who attended the marriage ceremony, other than the former member or the spouse, attesting to the person’s knowledge of the marriage.

Non-Compliance with Requirement to Submit Evidence

 An election is considered not to have been made if any document or statutory declaration that is required by any of sections 5 to 7 is not submitted within one year after the day on which the election is made.

Calculation of Joint and Survivor Benefit

  •  (1) Subject to section 10, the amount of the monthly instalment of a joint and survivor benefit payable to the former member is equal to the amount obtained by subtracting from the former member’s monthly instalment of the allowances to which the former member is entitled under Parts I and II of the Act immediately before the election, an amount determined as follows:

    • (a) calculate the actuarial present value of the allowances to which the former member is entitled under Parts I and II of the Act immediately before the election, and the supplementary benefits payable in respect of those allowances under Part IV of the Act, taking into account the death benefit payable in accordance with section 61 of the Act;

    • (b) convert the amount determined in accordance with paragraph (a) into the following benefits, each of which has the same actuarial present value, namely,

      • (i) an immediate single life annuity that is payable to the former member by monthly instalments beginning on the first day of the month after the month in which the election is made, and that is determined taking into account the supplementary benefits payable under Part IV of the Act, as if the annuity were an allowance payable under Parts I and II of the Act, and

      • (ii) a benefit that consists of

        • (A) an immediate annuity that is payable, during the life of the former member, by monthly instalments beginning on the first day of the month after the month in which the election is made, and that is determined taking into account the percentage, namely 40, 50 or 60 per cent of the former member’s joint and survivor benefit, that the former member elects to allocate to the spouse and the supplementary benefits payable under Part IV of the Act, as if the immediate annuity were an allowance payable under Parts I and II of the Act, and

        • (B) a surviving spouse’s annuity that is payable, during the life of the former member’s surviving spouse, by monthly instalments beginning on the day after the day on which the former member died and that is equal to 40, 50 or 60 per cent, in accordance with the election made by the former member, of the immediate annuity determined in accordance with clause (A), and that is determined taking into account the supplementary benefits payable under Part IV of the Act, as if the surviving spouse’s annuity were an allowance payable under Parts I and II of the Act; and

    • (c) subject to subsection (2), subtract the amount of the first monthly instalment of the annuity referred to in clause (b)(ii)(A) from the first monthly instalment of the annuity referred to in subparagraph (b)(i) and adjust the amount to take into account

      • (i) that the joint and survivor benefit is payable to the former member during the least of

        • (A) the period of the life of the former member,

        • (B) the period of the life of the spouse, and

        • (C) the duration of the marriage, and

      • (ii) that the joint and survivor benefit begins to be payable in the month referred to in section 15.

  • (2) For the purpose of paragraph (1)(c), where the calculation of the joint and survivor benefit is made for a former member in respect of whom a death benefit would be payable if the former member were to die on the day on which the election was made, the actuarial present value that is converted in accordance with subparagraph (1)(b)(i) shall not take into account the amount of that death benefit.

Adjustments

  •  (1) Where a former member has made an election and becomes entitled to and receives retiring or compensation allowances or supplementary benefits, as the case may be, by reason of being disabled, the amount of the former member’s joint and survivor benefit determined in accordance with section 9 shall be adjusted to take into account the new period during which the joint and survivor benefit or supplementary benefits are to be paid.

  • (2) Where a former member in receipt of retiring or compensation allowances or supplementary benefits, as the case may be, by reason of being disabled ceases to be entitled to the retiring or compensation allowances or supplementary benefits, the amount of the former member’s joint and survivor benefit determined in accordance with section 9 shall be adjusted to take into account the new period during which the joint and survivor benefit or supplementary benefits, as the case may be, are to be paid.

 
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