GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Royal Canadian Mounted Police Superannuation Act — R-11 15
Lump sum payments 15 Where, in this Part, it is provided that the survivor and children of a contributor are entitled jointly to a return of contributions or an amount described in paragraph 14(b), the total amount shall be paid to the survivor of the contributor except that (a) if at the time of the death of the contributor all of the children were eighteen years of age or over and at the time the payment is to be made the survivor is dead or cannot be found, the total amount shall be paid to the children in equal shares; (b) if at the time of the death of the contributor any of the children were less than eighteen years of age, and the contributor died without leaving a survivor or at the time the payment is to be made the survivor is dead or cannot be found, the total amount shall be paid to the children in the shares that the Minister considers equitable and proper under the circumstances, or to any of them, as the Minister may direct; (c) if any of the children who were less than eighteen years of age at the time of the death of the contributor are living apart from the contributor’s survivor at the time the payment is to be made, the total amount shall be paid to the survivor and the children so living apart from the survivor in such shares as the Minister considers equitable and proper under the circumstances, or to the survivor or any of the children so living apart, as the Minister may direct; and (d) if the contributor died without leaving any children and at the time the payment is to be made the contributor’s survivor is dead or cannot be found, or if the contributor died without leaving a survivor and at the time the payment is to be made all of the children are dead or cannot be found, the total amount shall be paid (i) if the contributor, pursuant to any regulations made under section 26, named his or her estate or succession as beneficiary or named another beneficiary who may be named under those regulations and the beneficiary survives the contributor, to the beneficiary, and (ii) in any other case, to the estate or succession of the contributor or, if less than one thousand dollars, as the Minister may direct. R.S., 1985, c. R-11, s. 15; 1999, c. 34, s. 183
Royal Canadian Mounted Police Superannuation Act — R-11 15.1
Apportionment when two survivors 15.1 (1) If there are two survivors of a contributor, the share of the total amount referred to in section 15 to be paid to the survivor referred to in paragraph (a) of the definition survivor in subsection 3(1) and the share to be paid to the survivor referred to in paragraph (b) of that definition shall be paid as the Minister may direct. Share may be nil (2) Nothing in subsection (1) is to be read as limiting the Minister’s power to direct that the share of one or other of the survivors under that subsection is nil. 1999, c. 34, s. 183
Royal Canadian Mounted Police Superannuation Act — R-11 17
Allowances paid to children 17 (1) Where a child of a contributor is entitled to an annual allowance or other amount under this Part, payment thereof shall, if the child is less than eighteen years of age, be made to the person having the custody and control of the child, or, where there is no person having the custody and control of the child, to such person as the Minister may direct. (2) [Repealed, 1999, c. 34, s. 184] R.S., 1985, c. R-11, s. 17; 1999, c. 34, s. 184
Royal Canadian Mounted Police Superannuation Act — R-11 19
Marriage, etc., after sixty years of age 19 (1) Subject to section 14.1 but notwithstanding any other provision of this Part, the survivor of a contributor is not entitled to an annual allowance in respect of the contributor under this Part if at the time the contributor married the survivor or began to cohabit with the survivor in a relationship of a conjugal nature, the contributor had attained the age of sixty years unless, after that time, that person became or continued to be a contributor. Child born after parent 60 years of age (2) Notwithstanding anything in this Part, except as provided in the regulations, a child who was born to or adopted by a person or who became the stepchild of a person at a time when that person was over sixty years of age is not entitled to any annual allowance under this Part, unless, after that time, that person became or continued to be a contributor. Death within one year of marriage (3) Notwithstanding anything in this Part, when a contributor dies within one year after marriage, no annual allowance is payable to the survivor or children of that marriage unless it is established to the satisfaction of the Minister that the contributor was at the time of marriage in such a condition of health as to justify the contributor in having an expectation of surviving for at least one year after the marriage. (4) [Repealed, 1989, c. 6, s. 27] Saving provision (5) Nothing in this section shall be held to prejudice any right that a child of an earlier marriage of the contributor has to an allowance under section 13. Transitional (6) Notwithstanding anything in this Act, no person is entitled to an allowance under this Part by virtue of being or being deemed to be the survivor of a female contributor if the contributor was not a member of the Force on or after December 20, 1975, and section 2 does not apply in respect of this subsection. R.S., 1985, c. R-11, s. 19; 1989, c. 6, s. 27; 1992, c. 46, s. 73; 1999, c. 34, s. 186
Royal Canadian Mounted Police Superannuation Act — R-11 20
Payment to dependants of recipient 20 (1) When any court in Canada of competent jurisdiction has made an order requiring a recipient to pay financial support, amounts payable to the recipient under this Part or Part III are subject to being diverted to the person named in the order in accordance with Part II of the Garnishment, Attachment and Pension Diversion Act . Where recipient unable to manage own affairs (2) Where, for any reason, a recipient is unable to manage the recipient’s own affairs, or where the recipient is incapable of managing the recipient’s own affairs and there is no person entitled by law to act as the recipient’s committee, the Receiver General may pay to any person designated by the Minister to receive payment on behalf of the recipient any amount that is payable to the recipient under this Part or Part III. Payment deemed to be to recipient (3) For the purposes of this Part and Part III, any payment made by the Receiver General pursuant to subsection (1) or (2) is deemed to be a payment to the recipient in respect of whom the payment was made. (4) [Repealed, 2000, c. 12, s. 289] R.S., 1985, c. R-11, s. 20; 1992, c. 46, s. 74; 1999, c. 34, s. 188; 2000, c. 12, s. 289
Royal Canadian Mounted Police Superannuation Act — R-11 21
Presumption of death 21 (1) Where a contributor or a person to whom any benefit has become payable under this Act or the former Act has, either before or after the coming into force of this subsection, disappeared under circumstances that, in the opinion of the Minister, raise beyond a reasonable doubt a presumption that the person is dead, the Minister may determine the date for the purposes of this Act and the former Act on which that person’s death is presumed to have occurred, and thereupon that person is deemed for all purposes of this Act and the former Act to have died on that date. Change of date (2) If, after the date of a person’s death is determined by the Minister under subsection (1), new information or evidence is received by the Minister that the date of death is different, the Minister may determine a different date of death, in which case the person is deemed for all purposes of this Act and the former Act to have died on that different date. R.S., 1985, c. R-11, s. 21; 1992, c. 46, s. 74
Royal Canadian Mounted Police Superannuation Act — R-11 22
Minimum benefits 22 (1) Where, on the death of a contributor who was not a member of the Force on or after December 20, 1975, there is no person to whom an allowance provided in this Part may be paid, or where the persons to whom such allowance may be paid die or cease to be entitled thereto and no other amount may be paid to them under this Part, any amount by which the amount of a return of contributions exceeds the aggregate of all amounts paid to those persons and to the contributor under this Part or Part V of the former Act shall be paid, as a death benefit, to the estate of the contributor or, if less than one thousand dollars, as the Minister may direct. Idem (2) Where, on the death of a contributor who was a member of the Force on or after December 20, 1975, there is no person to whom an allowance provided in this Part may be paid, or where the persons to whom such allowance may be paid die or cease to be entitled thereto and no other amount may be paid to them under this Part, an amount equal to the amount by which (a) the greater of (i) the amount of a return of contributions, and (ii) an amount equal to five times the annuity to which the contributor was or would have been at the time of his death entitled determined in accordance with subsection 10(1), exceeds (b) the aggregate of all amounts paid to those persons and to the contributor under this Part and Part V of the former Act, shall be paid, as a death benefit, (c) if the contributor, pursuant to any regulations made under section 26, named his estate as his beneficiary or named another beneficiary who may be named under those regulations and the beneficiary survives the contributor, to the beneficiary, and (d) in any other case, to the estate of the contributor or, if less than one thousand dollars, as the Minister may direct. R.S., c. R-11, s. 17; 1974-75-76, c. 81, s. 63
Royal Canadian Mounted Police Superannuation Act — R-11 23
Persons re-appointed to or re-enlisted in the Force 23 If a person who has become entitled to an annuity or annual allowance under this Part or a pension under Part V of the former Act by virtue of having served in the Force is re-appointed to or re-enlisted in the Force and becomes a contributor under this Part, whatever right or claim that he or she may have had to that annuity, annual allowance or pension, in this section referred to as the “original annuity”, shall then cease and the period of service on which the original annuity was based may be counted by him or her as pensionable service for the purposes of this Part, except that (a) if, on subsequently ceasing to be a member of the Force, he or she is not entitled under this Part to any benefit other than a return of contributions, the amount returned shall not include any amount paid into the Superannuation Account or the Royal Canadian Mounted Police Pension Fund to his or her credit at any time before the time of his or her re-appointment to or re-enlistment in the Force, and whatever right or claim that, but for this section, he or she would have had to the original annuity on subsequently ceasing to be a member of the Force shall then be restored to him or her; and (b) if, on subsequently ceasing to be a member of the Force, he is entitled under this Part to an annuity or annual allowance the capitalized value of which is less than the capitalized value of the original annuity, in lieu of any other benefit under this Part whatever right or claim that, but for this section, he would have had to the original annuity on subsequently ceasing to be a member of the Force shall thereupon be restored to him, and there shall be paid to him an amount equal to his contributions under this Part made in respect of the period of his service in the Force after the time of his re-appointment or re-enlistment. R.S., 1985, c. R-11, s. 23; 1999, c. 34, s. 189; 2003, c. 26, s. 61
Royal Canadian Mounted Police Superannuation Act — R-11 24
ation Account (7) On the making of an election under this section before April 1, 2000 by which the person so electing is required by this Part to pay for a period of service of the kind described in paragraph (1)(a), there shall be charged to the account in the accounts of Canada maintained pursuant to the Public Service Superannuation Act or the Canadian Forces Superannuation Act , as the case may be, and credited to the Superannuation Account in respect of that person, an amount equal to the amount determined under subparagraph (1)(a)(ii). Amount of return of contributions (8) For the purposes of the Public Service Superannuation Act or the Canadian Forces Superannuation Act , as the case may be, the amount of any return of contributions or other lump sum payment that is or may become payable under that Act to or in respect of that person with respect to an election before April 1, 2000 shall be deemed to be the amount otherwise determined under that Act minus the amount required by subsection (7) to be credited to the Superannuation Account on the making of the election. Amount to be paid (9) Subsections (7) and (8) apply, with any modifications that the circumstances require, to an election made on or after April 1, 2000, and a reference to “the account in the accounts of Canada maintained pursuant to the Public Service Superannuation Act or the Canadian Forces Superannuation Act ” shall be read as a reference to “the Public Service Pension Fund or the Canadian Forces Pension Fund” in respect of contributions made by the person to that fund and a reference to “the Superannuation Account” shall be read as a reference to the “Royal Canadian Mounted Police Pension Fund”. R.S., 1985, c. R-11, s. 24; 1999, c. 34, s. 190; 2003, c. 22, s. 225(E); 2012, c. 31, s. 509
Royal Canadian Mounted Police Superannuation Act — R-11 24.1
subsection (3) in respect of an employee is less than the transfer value that would be calculated in respect of that employee in accordance with section 12.1, whether or not the employee would otherwise be entitled to the transfer value, the Minister shall pay an amount equal to the amount of the difference to the employee in accordance with subsection 12.1(2). Payment of difference (8) If the amount paid by the Minister to an eligible employer pursuant to subsection (3) in respect of an employee is less than the return of contributions to which that employee would otherwise be entitled under section 11, the Minister shall pay to the employee an amount equal to the amount of the difference. Service countable by person becoming a member of the Force (9) If an employee of any eligible employer with whom the Minister has entered into an agreement under subsection (2) has ceased to be employed by that employer and is or becomes a member of the Force, any service of that employee that, at the time of leaving that employment, the employee was entitled to count for the purpose of any plan referred to in subsection (1) established for the benefit of employees of that employer may, if the agreement so provides, be counted by the employee as pensionable service for the purposes of section 6, to the extent and subject to the terms and conditions provided in the regulations, if the employer pays into the Superannuation Account or the Royal Canadian Mounted Police Pension Fund the amount that is required under the agreement to be so paid by that employer in respect of the employee. 1999, c. 34, s. 191; 2003, c. 26, s. 47
Royal Canadian Mounted Police Superannuation Act — R-11 25
Pension Board 25 The Minister may establish a board to be known as the Royal Canadian Mounted Police Pension Board, consisting of three officers appointed by the Minister, to advise and assist the Minister on matters arising in connection with the administration of this Part. R.S., c. R-11, s. 21
Royal Canadian Mounted Police Superannuation Act — R-11 25.1
Advisory committee 25.1 (1) The Minister shall establish a committee, to be known as the Royal Canadian Mounted Police Pension Advisory Committee, the members of which are appointed by the Minister in accordance with subsection (2), to advise and assist the Minister on matters arising in connection with the operation of this Act. Mandate (1.1) The mandate of the committee is to (a) review matters respecting the administration, design and funding of the benefits provided under this Act and make recommendations to the Minister about those matters; and (b) review any other pension-related matters that the Minister may refer to it. Membership (2) The membership of the Committee shall consist of (a) one person appointed from among contributors in receipt of an annuity under this Act who are nominated for appointment by an association that, in the opinion of the Minister, represents such contributors; (b) three persons appointed from among persons required to contribute to the Royal Canadian Mounted Police Pension Fund who are nominated for appointment by a body that, in the Minister’s opinion, represents such persons; (c) two persons appointed from among persons required to contribute to the Royal Canadian Mounted Police Pension Fund; and (d) two other persons appointed by the Minister. Term (3) A member of the Committee shall be appointed to hold office for a term not exceeding three years and is eligible for reappointment for one or more additional terms. Recommendation of candidates (3.1) The advisory committee shall recommend to the Minister candidates for appointment to the nominating committee established under section 10 of the Public Sector Pension Investment Board Act . Chairperson (4) The Minister shall designate one of the members to be the chairperson of the Committee. 1992, c. 46, s. 75; 1999, c. 34, s. 192; 2012, c. 31, s. 510
Royal Canadian Mounted Police Superannuation Act — R-11 26
onable service for the purposes of this Part; (n) respecting the determination, for the purposes of this Part, of the effective date on which a person shall be deemed to have become or to have ceased to be a member of the Force; (o) prescribing, in the case of any person described in subsection 93(4) of the former Act who, not having reached sixty-five years of age, ceased to be a member of the Force either before or after April 1, 1960, the amounts by which and the manner in which any annuity, annual allowance or pension payable under this Part or Part V of the former Act to that person shall be adjusted; (p) providing for the continuation in force of any outstanding direction made by the Treasury Board under section 105 of the former Act, under the circumstances contemplated by that section and subject to modification or suspension as contemplated by that section; (q) providing, notwithstanding anything in this Part, for the reduction by the Treasury Board of any annuity, annual allowance or pension payable under this Part or Part V of the former Act to or in respect of a person who, after his retirement from the Force, is convicted of an indictable offence committed by him while a member of the Force where, in the opinion of the Treasury Board, the commission of the offence by him constituted misconduct in the performance of his duties as a member of the Force; (r) providing for the payment out of the Superannuation Account or the Royal Canadian Mounted Police Pension Fund, on the death of a contributor and on application to the Minister by or on behalf of a person to whom any annual allowance becomes payable under this Part, of the whole or any part of the portion of any estate, legacy, succession or inheritance duties or taxes that are payable by the person that is determined in accordance with the regulations to be attributable to that allowance, and prescribing the amounts by which and the manner in which any such allowance and any amount payable under section 22 in any such case shall be reduced; (s) notwithstanding anything in this Part, providing that on attaining retirement age a contributor shall cease to be a member of the Force unless his continued service therein is authorized in accordance with the regulations, and prescribing the circumstances under which and the terms and conditions on which he may continue to be a member of the Force after he has attained that age; and (t) generally, for carrying into effect the purposes and provisions of this Part. R.S., 1985, c. R-11, s. 26; 1989, c. 6, s. 29; 1992, c. 46, s. 76; 1999, c. 34, s. 193; 2009, c. 13, s. 7
Royal Canadian Mounted Police Superannuation Act — R-11 26.1
ns under which and the time and manner in which an election may be made in respect of a period of service specified in clauses 6(b)(ii)(F.1) and (L) to (P), the manner of determining in accordance with paragraph 7(1)(i) the amounts that are to be paid in respect of that election, the periods of service that may be counted for the purposes of that election, and the manner in which and extent to which section 8 and any regulations referred to in section 8 apply in respect of that election and to any contributor who makes that election and adapting any of those provisions for the purposes of that application; (h.6) prescribing ages for the purposes of subsection 11(9), these ages being no greater than, in the case of paragraph 11(9)(a) and subparagraph 11(9)(b)(iii), fifty-five years of age and in the case of subparagraph 11(9)(b)(ii), fifty years of age; and (i) generally as the Governor in Council may consider necessary for carrying out and giving effect to any provision of this Act referred to in this subsection. Retroactive application of regulations (2) Regulations made under paragraph (1)(a), (c), (d), (h) or (h.4) may, if they so provide, have retroactive effect. 1992, c. 46, s. 77; 1999, c. 34, s. 194; 2000, c. 12, s. 290; 2003, c. 26, s. 62; 2009, c. 13, s. 8; 2012, c. 31, s. 511