GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Royal Canadian Mounted Police Superannuation Act — R-11 7
(1) and at the rates determined by the Treasury Board under that subsection, in respect of that period or portion, in respect of pay equal to the pay authorized to be paid to him or her on the most recent occasion on which he or she became a contributor under this Act, together with interest; (f) notwithstanding anything in paragraphs (d) and (e) of this subsection, in respect of any period described in clause 6(b)(ii)(H), such amount as is required by section 24 to be paid by him therefor; (g) notwithstanding anything in paragraphs (a) to (f) of this subsection, in respect of any period described in clause 6(b)(ii)(I), an amount equal to the amount of the return of contributions or other lump sum payment referred to in that clause plus the capitalized value, as of the time of the making of that payment to him, of such amounts by way of instalments of the amount required by this Part or Part V of the former Act to be paid by him in respect of that period as were payable by him before the time of the making of that payment to him and remained unpaid by him at that time, together with simple interest at four per cent per annum from that time until the time of the election; (h) notwithstanding anything in this subsection, in respect of any period described in clause 6(b)(ii)(J), an amount equal to the amount that he would have been required to pay if he had elected under this Part, within the time prescribed for the making of the election, to pay for that period, and if, during that period, the rate of pay authorized to be paid to him had been equal to the rate of pay so authorized at the time when he made the election, together with interest; and (i) in respect of any period described in clauses 6(b)(ii)(F.1), (K), (L), (M), (N), (O) and (P), the amounts determined in accordance with the regulations. Definition of interest (2) In this section, unless otherwise specified, interest means simple interest at four per cent per annum from the middle of the fiscal year in which the contributions would have been made, had the contributor been required to make those contributions during the period for which he elected to pay, until the time of the election. R.S., 1985, c. R-11, s. 7; 1992, c. 46, s. 64; 1999, c. 34, s. 174; 2012, c. 31, s. 507
Royal Canadian Mounted Police Superannuation Act — R-11 8
 (7) When an amount payable by a contributor into the Superannuation Account or the Royal Canadian Mounted Police Pension Fund by reservation from pay and allowances or otherwise has become due, but remains unpaid at the time of death, that amount, with interest at four per cent per annum from the time it became due, may be recovered in accordance with the regulations from any allowance payable under this Part to the survivor or children of the contributor, without prejudice to any other recourse available to Her Majesty with respect to the recovery of it, and any amount so recovered shall be credited to the Superannuation Account or the Royal Canadian Mounted Police Pension Fund and shall be deemed, for the purposes of the definition return of contributions in subsection 9(1), to have been paid into that Account or Fund by the contributor. Special procedures for certain elections (8) When an election is made to count as pensionable service a period of service specified in clause 6(b)(ii)(F.1), (L), (M), (N), (O) or (P), this section applies in the manner and to the extent set out in the regulations. R.S., 1985, c. R-11, s. 8; 1992, c. 46, s. 65; 1999, c. 34, s. 175
Royal Canadian Mounted Police Superannuation Act — R-11 8.1
Recovery of annuity paid in error 8.1 Where any amount has been paid in error under this Part or Part III on account of any annuity, annual allowance or supplementary benefit, the Minister may retain by way of deduction from any subsequent payment of that annuity, allowance or supplementary benefit, in the manner prescribed by the regulations, an amount equal to the amount paid in error, without prejudice to any other recourse available to Her Majesty with respect to the recovery thereof. 1992, c. 46, s. 66
Royal Canadian Mounted Police Superannuation Act — R-11 9
rcise the option within one year from the time he became so entitled, he shall be deemed to have exercised it in favour of a deferred annuity; and (b) if, without having exercised the option, he becomes a contributor under the Public Service Superannuation Act or the Canadian Forces Superannuation Act , he shall be deemed to have exercised the option, immediately before becoming a contributor under that Act, in favour of a deferred annuity. Revocation of option (5) Where, under section 11, a contributor is entitled to a benefit therein specified at his option, the option may be revoked and a new option exercised by the contributor, under such circumstances and on such terms and conditions as the Governor in Council by regulation prescribes. Interest on return of contributions (6) For the purposes of the definition return of contributions in subsection (1), interest shall be calculated in the manner that the regulations provide and on the balances that are determined in accordance with the regulations, (a) at the rate of four per cent, compounded annually, for any period before January 1, 2001; and (b) at the rates established in the regulations made under paragraph 26.1(1)(c.3) compounded quarterly, for any period beginning on or after January 1, 2001. Benefits not assignable, etc. (7) Subject to Part II of the Garnishment, Attachment and Pension Diversion Act and to the Pension Benefits Division Act , (a) a benefit under this Part or Part III is not capable of being assigned, charged, anticipated or given as security and any transaction that purports to assign, charge, anticipate or give as security any such benefit is void; (b) a benefit to which a contributor, survivor or child is entitled under this Part or Part III is not capable of being surrendered or commuted during the lifetime of that person except under section 12.1 or subsection 18(2) and any other transaction that purports to so surrender or commute any such benefit is null and void; and (c) a benefit under this Part or Part III is exempt from attachment, seizure and execution, either at law or in equity. R.S., 1985, c. R-11, s. 9; 1992, c. 46, s. 67; 1999, c. 34, s. 176; 2003, c. 26, s. 57
Royal Canadian Mounted Police Superannuation Act — R-11
annuity means an annuity computed in accordance with section 10; ( annuité )
Royal Canadian Mounted Police Superannuation Act — R-11 (a)
cash termination allowance means an amount equal to one month’s pay for each year of pensionable service to the credit of the contributor, computed on the basis of the rate of pay authorized to be paid to him or her at the time he or she ceases to be a member of the Force, minus an amount equal to the amount by which (a) the total amount the contributor would have been required to contribute to the Superannuation Account or the Royal Canadian Mounted Police Pension Fund up to the time he or she ceases to be a member of the Force, other than interest or charges for payments by instalments, in respect of service after 1965, if he or she had contributed on the basis of the rate set forth in subsection 5(1) as it read on December 31, 1965, exceeds (b) the total amount the contributor was required to contribute to the Superannuation Account or the Royal Canadian Mounted Police Pension Fund up to the time he or she ceases to be a member of the Force, other than interest or charges for payments by instalments, in respect of service after 1965; ( allocation de cessation en espèces )
Royal Canadian Mounted Police Superannuation Act — R-11
deferred annuity means an annuity that becomes payable to the contributor at the time he reaches sixty years of age; ( annuité différée )
Royal Canadian Mounted Police Superannuation Act — R-11
immediate annuity means an annuity that becomes payable to the contributor immediately on his becoming entitled thereto; ( annuité immédiate )
Royal Canadian Mounted Police Superannuation Act — R-11
recipient means a person to whom any amount is or is about to become payable under this Part; ( prestataire )
Royal Canadian Mounted Police Superannuation Act — R-11 (a)
return of contributions means a return of (a) the amount paid by the contributor into the Superannuation Account or the Royal Canadian Mounted Police Pension Fund but not including any amount so paid pursuant to subsection 39(7) of the Public Service Superannuation Act , and (b) any amount paid by him or her into any other account or fund, together with interest, if any, that has been transferred to the Superannuation Account or the Royal Canadian Mounted Police Pension Fund, to the extent that the amount remains to his or her credit in the Superannuation Account or the Royal Canadian Mounted Police Pension Fund, together with interest, if any, calculated pursuant to subsection (6). ( remboursement de contributions )
Royal Canadian Mounted Police Superannuation Act — R-11
transfer value means a lump sum amount, representing the value of the contributor’s pension benefits, as determined in accordance with the regulations. ( valeur de transfert )
Royal Canadian Mounted Police Superannuation Act — R-11 10
G) shall be deemed to have received during that period pay at a rate equal to the rate of pay on the basis of which the amount required by this Act to be paid by him for that period of service was determined. (b) a person who has to their credit pensionable service that includes any period described in any of clauses 6(b)(ii)(L), (O) and (P) and subsection 24.1(9) is deemed to have received during that period the annual rate of pay that is fixed by or determined in the manner prescribed by the regulations. Computation of average annual pay (5) For the purposes of subparagraphs (1)(a)(ii) and (iii), a period of service during which a person continues to be a member of the Force and is required to make contributions under subsection 5(2), or was required to make contributions under subsection 5(5), (6) or (7) as it read on December 31, 2012, is deemed to be a period of pensionable service to his or her credit. Application (6) Subparagraphs (1)(a)(ii) and (iii), as enacted by subsection 16(1) of the Budget Implementation Act, 1999 , apply with respect to benefits payable to or in respect of a person who contributes under section 5 on or after June 17, 1999 but do not apply to a person who became entitled to an annuity before that date, is re-appointed to or re-enlisted in the Force and is a contributor referred to in section 23 and who, on subsequently ceasing to be a member of the Force, is only entitled to a return of contributions. Application (7) The definition Average Maximum Pensionable Earnings in subsection (3), as enacted by subsection 16(2) of the Budget Implementation Act, 1999 , applies only with respect to deductions from annuities made under subsection (2) that take effect on or after the day on which this subsection comes into force. R.S., 1985, c. R-11, s. 10; 1992, c. 46, s. 68; 1999, c. 26, s. 16, c. 34, s. 177; 2003, c. 26, s. 58; 2006, c. 4, s. 206; 2009, c. 13, s. 4; 2012, c. 31, s. 508
Royal Canadian Mounted Police Superannuation Act — R-11
Average Maximum Pensionable Earnings means, with respect to any contributor, the average of the Year’s Maximum Pensionable Earnings for the year in which he or she ceased to be a member of the Force and for each of the four preceding years; ( moyenne des maximums des gains ouvrant droit à pension )
Royal Canadian Mounted Police Superannuation Act — R-11
Year’s Maximum Pensionable Earnings has the same meaning as in the Canada Pension Plan . ( maximum des gains annuels ouvrant droit à pension )
Royal Canadian Mounted Police Superannuation Act — R-11 11
 shall the capitalized value of the benefit be less than the return of contributions referred to in paragraph (a). Return of contributions (11) Despite anything in this section, except as provided for in subsection (2), (7), (8), (10) or (11.1), a contributor who ceases to be a member of the Force after serving in the Force for a period less than the period prescribed by the regulations for the purposes of paragraph (7)(a) is entitled only to a return of contributions. Entitlement to deferred annuity (11.1) A contributor who ceases to be a member of the Force after serving in the Force for a period less than the period prescribed by the regulations for the purposes of paragraph (7)(a) is entitled to a deferred annuity if they (a) have to their credit two or more years of pensionable service in respect of which they have made an election under subsection 24(5) or under any regulations made under subsection 27(2); and (b) are not entitled to an immediate annuity. Members not holding a rank in the Force (12) A member of the Force not holding a rank in the Force is entitled to an immediate annuity if that person has served in the Force for a period equal to or greater than the period prescribed by the regulations for the purposes of this subsection. Service in Force (13) For the purposes of this section, in calculating the length of service in the Force of a contributor, there shall not be included any period of service in respect of which they were paid a return of contributions or other lump sum payment under this Part and for which they did not elect to pay. R.S., 1985, c. R-11, s. 11; 1992, c. 46, s. 69; 1999, c. 34, s. 178; 2003, c. 26, s. 45; 2009, c. 13, s. 5
Royal Canadian Mounted Police Superannuation Act — R-11 12
Benefit payable in case of disability after retirement 12 (1) A contributor who, not having reached sixty years of age but having become entitled under this Part to a deferred annuity, or not having reached fifty years of age but having become entitled under this Part to an annual allowance payable on reaching fifty years of age, becomes disabled ceases to be entitled to that deferred annuity or annual allowance and becomes entitled to an immediate annuity. Idem (2) Where a contributor who has not reached sixty years of age but who has become entitled under subsection (1) to an immediate annuity is certified, in accordance with the regulations, to have regained his health or to be capable of performing his duties as a member of the Force or any other duties as a member of the Force commensurate with his qualifications, he ceases to be entitled to that immediate annuity and becomes entitled to (a) a deferred annuity, or (b) an annual allowance, payable immediately in the case of a contributor fifty or more years of age, or payable on reaching fifty years of age in the case of a contributor less than fifty years of age, which allowance shall be the actuarial equivalent, determined in prescribed manner, of the deferred annuity referred to in paragraph (a), at his option. R.S., c. R-11, s. 11
Royal Canadian Mounted Police Superannuation Act — R-11 12.1
Transfer value 12.1 (1) Despite any other provision of this Act, except subsection 24.1(6), but subject to the regulations, a contributor who has ceased to be a member of the Force, has served in the Force for a period equal to or greater than the period prescribed by the regulations and is not entitled to an immediate annuity is entitled, in the place of any other benefit under this Act to which the contributor would otherwise be entitled in respect of the pensionable service that the contributor has to their credit, to a transfer value that is payable to the contributor in accordance with subsection (2). Where transferred (2) The payment of a transfer value to which a contributor may be entitled under subsection (1) is effected by transferring it to, at the direction of the contributor, (a) a pension plan selected by the contributor that is registered under the Income Tax Act , if that pension plan so permits; (b) a retirement savings plan or fund for the contributor that is of the kind prescribed by the regulations; or (c) a financial institution authorized to sell immediate or deferred life annuities of the kind prescribed by the regulations, for the purchase from that financial institution of such an annuity for the contributor. Election to pay by instalments (3) If a contributor who is entitled to a transfer value has elected to pay for a period of pensionable service by means of instalments, the transfer value shall be determined in accordance with the regulations and by reference to the portion of the period of pensionable service that the contributor has paid for at the time prescribed in the regulations. Election (4) Once a transfer has been made under subsection (1), a person who is re-appointed or re-enlisted as a member of the Force after the transfer and becomes a contributor may only count as pensionable service the period of service to which the transfer relates if they elect, in accordance with the terms and conditions prescribed by the regulations, to pay the amount prescribed by the regulations at the time and in the manner prescribed by the regulations. 1999, c. 34, s. 179; 2003, c. 26, s. 46
Royal Canadian Mounted Police Superannuation Act — R-11 12.2
Return of contributions 12.2 (1) Any return of contributions to which a contributor is entitled shall be paid in accordance with section 12.1 in respect of any period of service that is included in the contributor’s pensionable service and in respect of which (a) a payment has been made into the Superannuation Account or the Royal Canadian Mounted Police Pension Fund (i) under an agreement entered into under section 24.1, or (ii) in respect of an election made by a contributor under this Part; and (b) at the time the payment was made, the Pension Benefits Standards Act, 1985 or a substantially similar provincial law required the locking-in of contributions. Deeming (2) For the purposes of this section, paragraph (b) of the definition return of contributions in subsection 9(1) is deemed to include a reference to the total payment made under an agreement entered into under section 24.1 or in respect of an election made by a contributor under this Part. 2009, c. 13, s. 6
Royal Canadian Mounted Police Superannuation Act — R-11 12.3
Commuted value or transfer value 12.3 If a contributor is entitled to a return of contributions in respect of any period of service for which the contributor has made an election referred to in clause 6(b)(ii)(O), the return of contributions in respect of that period shall be paid in accordance with section 12.1. 2009, c. 13, s. 6
Royal Canadian Mounted Police Superannuation Act — R-11 13
Benefits payable on death 13 (1) On the death of a contributor 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, computed on the basis of the product obtained by multiplying the average annual pay received by the contributor during the period specified in subparagraph 10(1)(a)(ii), by the number of years of pensionable service to the contributor’s credit, one one-hundredth of the product so obtained being hereinafter referred to as the “basic allowance”: (a) in the case of the survivor, an immediate annual allowance equal to the basic allowance, and (b) in the case of each child, an immediate annual allowance equal to one-fifth of the basic allowance or, if the contributor died without leaving a survivor, the survivor is dead or the survivor is not entitled to receive an allowance under this Part, other than an immediate annual allowance under section 14.1, two-fifths of the basic allowance, but the total amount of the allowances paid under paragraph (b) shall not exceed four-fifths of the basic allowance or, if the contributor died without leaving a survivor, the survivor is dead or the survivor is not entitled to receive an allowance under this Part, other than an immediate annual allowance under section 14.1, eight-fifths of the basic allowance. Idem (2) Where, in computing the allowances to which the children of a contributor are entitled under subsection (1), it is determined that there are more than four children of the contributor entitled to an allowance, the total amount of the allowances shall be apportioned among the children in such shares as the Minister deems just and proper under the circumstances. Benefits (3) On the death of a contributor who was a member of the Force at the time of death, having to his or her credit a period of pensionable service equal to or greater than the period prescribed by the regulations, the survivor and children of the contributor are entitled to the annual allowances to which they would have been entitled under subsection (1) had the contributor, immediately before death, become entitled under this Part to an annuity or annual allowance. Definition of child (4) For the purposes of this section, child means a child of the contributor who (a) is less than eighteen years of age; or (b) is eighteen or more years of age but less than twenty-five years of age, and is in full-time attendance at a school or university, having been in such attendance substantially without interruption since the child reached eighteen years of age or the contributor died, whichever occurred later. R.S., 1985, c. R-11, s. 13; 1989, c. 6, s. 25; 1992, c. 46, s. 70; 1999, c. 34, s. 180; 2003, c. 26, s. 59
Royal Canadian Mounted Police Superannuation Act — R-11 14
Benefits payable on death 14 On the death of a contributor who was a member of the Force at the time of death, having to his or her credit a period of pensionable service less than the period prescribed by the regulations, the survivor and children of the contributor, in any case where the contributor died leaving a survivor or a child less than eighteen years of age, are entitled jointly to a death benefit equal to (a) a return of contributions, or (b) an amount equal to one month’s pay for each year of pensionable service to the credit of the contributor, computed on the basis of the rate of pay authorized to be paid to him at the time of his death, whichever is the greater. R.S., 1985, c. R-11, s. 14; 1999, c. 34, s. 181; 2003, c. 26, s. 60
Royal Canadian Mounted Police Superannuation Act — R-11 14.1
Election for benefit 14.1 (1) If the person to whom a contributor is married or with whom he or she is cohabiting in a relationship of a conjugal nature, having so cohabited for a period of at least one year, would not be entitled to an immediate annual allowance under any other provision of this Part in the event of the contributor’s death, the contributor may elect, in accordance with the regulations, to reduce the amount of the annuity or annual allowance to which the contributor is entitled in order that the person could become entitled to an immediate annual allowance under subsection (2). Payment (2) A person referred to in subsection (1) is entitled to an immediate annual allowance in an amount determined in accordance with the election and the regulations if the contributor dies and the election is not revoked or deemed to have been revoked, and the person was married to the contributor at the time of the contributor’s death, or was cohabiting with the contributor in a relationship of a conjugal nature for a period of at least one year immediately before the contributor’s death. No entitlement (3) A person who is entitled to receive an annual allowance under section 18 after the contributor’s death is not entitled to an immediate annual allowance under subsection (2) in respect of that contributor. 1992, c. 46, s. 71; 1999, c. 34, s. 182; 2000, c. 12, s. 288