GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Members of Parliament Retiring Allowances Act — M-5 9
Contributions — January 1, 2001 to December 31, 2015 9 (1) During the period that begins on January 1, 2001 and ends on December 31, 2015, a member shall with respect to each calendar year, by reservation from his or her sessional indemnity, contribute to the Retiring Allowances Account 4% of that portion of that sessional indemnity that does not exceed his or her earnings limit for the calendar year. Non-application (1.01) Subsection (1) does not apply to a member who is required to make a contribution under subsection 12(2). Contributions (1.1) Despite subsection 2.3(1), beginning on September 21, 2000 and ending on December 31, 2000, a member who was entitled to elect under sections 2.1 and 2.6 and who did not make an election shall, by reservation from the sessional indemnity of the member, contribute to the Retiring Allowances Account four per cent of the amount payable to the member by way of that sessional indemnity. Application of Act deemed to be continuous (1.2) This Act recommences to apply to a member referred to in subsection (1.1) as of the day on which this subsection comes into force and is deemed to apply to the member as if it had always applied to the member. Additional contributions (2) During the period that begins on January 1, 2001 and ends on December 31, 2015, a member to whom subsection 12(2) applies who is in receipt of a salary or an annual allowance shall with respect to each calendar year, by reservation from that salary or allowance, contribute to the Retiring Allowances Account an amount equal to 4% of that portion of that salary or allowance that does not exceed his or her earnings limit for the calendar year, unless he or she elects in respect of that salary or allowance (a) not to contribute under this subsection and has also elected before December 31, 2015 not to contribute under subsection 31(4) or (5) or paragraph 31.1(1)(c) or (2)(b); or (b) to contribute at a lesser rate than that specified in this subsection. (3) and (4) [Repealed, 2001, c. 20, s. 16] R.S., 1985, c. M-5, s. 9; 1992, c. 46, s. 81; 2000, c. 27, s. 3; 2001, c. 20, s. 16; 2003, c. 16, s. 1; 2012, c. 22, s. 8
Members of Parliament Retiring Allowances Act — M-5 9.1
Contributions — beginning on January 1, 2016 9.1 (1) Beginning on January 1, 2016, a member shall with respect to each calendar year, by reservation from his or her pensionable earnings, contribute to the Retiring Allowances Account at the applicable contribution rate in respect of any part specified by the Chief Actuary of the portion of the member’s pensionable earnings that does not exceed the member’s earnings limit for the calendar year. Exception (2) Subsection (1) does not apply to a member who is required to make a contribution under subsection 12(2.1). 2012, c. 22, s. 9
Members of Parliament Retiring Allowances Act — M-5 10
Election to contribute in respect of previous sessions 10 (1) Subject to this section, where a person ceases to be a member and subsequently becomes a member, the person may, within one year after the first day on which Parliament is in session after that person subsequently becomes a member, elect in accordance with subsection 56(2) to contribute under this Part to the Retiring Allowances Account in respect of any previous session during which that person was a member. Election to contribute in respect of previous period * (1.1) A member who is required to make contributions under subsection 9(1.1) may, within one year after the day on which this subsection comes into force, elect in accordance with subsection 56(2) to contribute under this Part to the Retiring Allowances Account in respect of the period that consists of the period during which that member was a member but was not required to make contributions and the period in respect of which that member was paid a withdrawal allowance under subsection 2.3(2). * [Note: Subsection 10(1.1) in force September 21, 2000, on assent of 2000, c. 27.] Election for both plans (2) No election shall be made by a person under subsection (1) on or after January 1, 1992 in respect of any previous session unless the person makes an election in respect of that session at the same time to contribute under Part II to the Compensation Arrangements Account. Election for both plans (2.1) No election shall be made by a member under subsection (1.1) unless the member makes an election at the same time to contribute in respect of the same period under Part II to the Compensation Arrangements Account. Conditions of election * (3) Where a person ceases to be a member and subsequently becomes a member, the person may elect under subsection (1) to contribute under this Part in respect of a previous session only if (a) the person previously contributed or elected to contribute in respect of that session under Part I or III of the former Act or under this Part and a withdrawal allowance in respect of that session became payable to that person under section 15 or 32 of the former Act or under section 18 of this Act, as the case may be; (b) the person was, immediately before ceasing to be a member, eligible to make an election to contribute in respect of that session but did not do so; (c) the person was not a member on the day on which this paragraph came into force and was a person to whom a withdrawal allowance under subsection 2.3(2) was paid and who did not subsequently elect under section 2.6 to have the Act recommence to apply to the person; or (d) the person was a person to whom a withdrawal allowance under subsection 2.3(2) was paid and who did not subsequently elect under subsection (1.1). * [Note: Paragraph 10(3)(c) in force September 21, 2000, on assent of 2000, c. 27.] R.S., 1985, c. M-5, s. 10; 1992, c. 46, s. 81; 1998, c. 23, s. 11; 2000, c. 27, s. 4
Members of Parliament Retiring Allowances Act — M-5 11
sion, (iv) where a member made an election under subsection 22(3) of the former Act in respect of a salary or an annual allowance, a contribution not exceeding ten per cent of the amount paid to the member by way of that salary or allowance in respect of that session, (v) except in respect of the portion of that contribution specified in subparagraph (vi), interest on that contribution calculated at a rate and in the manner prescribed from the day on which the final payment by way of sessional indemnity, salary or annual allowance, as the case may be, was made to the member in respect of that session to the day on which the election is made, and (vi) in respect of the portion of that contribution included in a withdrawal allowance paid under Parts I to V of the former Act, the interest on the aggregate of (A) that portion of the contribution, and (B) the interest on that portion of the contribution that was included in the withdrawal allowance, calculated at a rate and in the manner prescribed from the day on which the payment of the withdrawal allowance was made to the day on which the election is made. Contributions in respect of previous period (1.1) If a member elects under subsection 10(1.1) to contribute to the Retiring Allowances Account in respect of the period referred to in that subsection, the member shall pay into the Consolidated Revenue Fund (a) a contribution equal to four per cent of the aggregate of the amounts paid to the member in respect of that period (i) by way of sessional indemnity, and (ii) by way of salary or annual allowance, if the member so elects to contribute in respect of that salary or annual allowance; and (b) the interest on that contribution calculated at a rate and in the manner prescribed from the day on which the final payment by way of sessional indemnity, salary or annual allowance, as the case may be, was made to the member in respect of that period to the day on which the election is made. Maximum contribution (2) Notwithstanding clause (1)(a.1)(i)(B) or subparagraph (1.1)(a)(ii), where the aggregate of amounts paid to a person as a member in respect of one or more previous sessions, or in respect of a particular period, in a calendar year by way of sessional indemnity, salary or annual allowance exceeds (a) the earnings limit of the member for that calendar year, or (b) where the person was not a member during the whole of that calendar year, that portion of the earnings limit of the member for that calendar year that the part of the calendar year during which the person is a member bears in relation to the whole of the calendar year, determined in accordance with the regulations, the member shall not, in respect of that previous session or particular period, contribute under that clause or subparagraph on the excess amount. R.S., 1985, c. M-5, s. 11; 1992, c. 46, s. 81; 2000, c. 27, s. 5; 2001, c. 20, s. 17; 2012, c. 22, s. 10
Members of Parliament Retiring Allowances Act — M-5 11.1
Contributions in respect of previous sessions — election made on or after January 1, 2016 11.1 (1) If a member elects on or after January 1, 2016 to contribute to the Retiring Allowances Account in respect of a previous session, he or she shall pay into the Consolidated Revenue Fund (a) a contribution, calculated at the contribution rates fixed for the purposes of section 9.1 that are in force on the day on which the election is made, in respect of the portion of his or her pensionable earnings during that previous session that does not exceed his or her earnings limit for the year during that previous session; and (b) interest on that contribution, calculated at a rate and in the manner prescribed, from the day on which the final payment by way of pensionable earnings was made to the member in respect of that session to the day on which the election is made. Earnings limit for part of year (2) For the purpose of subsection (1), if the person was not a member during the whole of a calendar year, the earnings limit for that calendar year is determined by multiplying the member’s earnings limit for the calendar year by the ratio that the part of the calendar year during which he or she was a member is to the whole calendar year. 2012, c. 22, s. 11
Members of Parliament Retiring Allowances Act — M-5 12
Limits on contributions 12 (1) Notwithstanding anything in this Part, no contribution shall be paid by a member under this Part (a) in respect of any session in the course of which the member ceases to be a Senator by reason of disqualification or was expelled from the House of Commons; or (b) after the member has reached 71 years of age. (c) [Repealed, 2012, c. 22, s. 12] Contribution of 1% (2) During the period that begins on January 1, 2001 and ends on December 31, 2015, a member who has not reached 71 years of age shall with respect to each calendar year, by reservation from his or her sessional indemnity, after the aggregate of the products obtained by multiplying the number of years of pensionable service to the member’s credit by the multipliers set out in subsection 16(1) and, as applicable, subsection 36(2) or (6) equals 0.75, contribute under this Part 1% of that portion of the sessional indemnity that does not exceed his or her earnings limit for the calendar year. Contributions on or after January 1, 2016 (2.1) Beginning on January 1, 2016, a member who has not reached 71 years of age shall with respect to each calendar year, by reservation from his or her pensionable earnings, after the aggregate of the products obtained under subsection (2) and the product obtained by multiplying the number of years of pensionable service on or after January 1, 2016 to the member’s credit by 0.02 equals 0.75, contribute under this Part at the applicable contribution rate in respect of the portion of the member’s pensionable earnings that does not exceed the member’s earnings limit for the calendar year. Exclusions from computation of contributions (3) In a computation of the total amount that a member has contributed or elected to contribute under this Part and, where applicable, Parts I to V of the former Act, there shall not be included (a) any contributions in respect of which a withdrawal allowance has been paid; (b) any contributions in respect of which the election of the member has been revoked; or (c) any amount paid by way of interest. R.S., 1985, c. M-5, s. 12; 1992, c. 46, s. 81; 2001, c. 20, s. 18; 2003, c. 16, s. 2; 2012, c. 22, s. 12
Members of Parliament Retiring Allowances Act — M-5 13
Payment of allowances 13 An allowance or other benefit shall be paid in accordance with this Part to or in respect of a person who, being a member, ceases to be a member or, being a member or former member, dies. R.S., 1985, c. M-5, s. 13; 1992, c. 46, s. 81
Members of Parliament Retiring Allowances Act — M-5 14
t that a person referred to in subsection (2) has contributed or elected to contribute under Parts I and III of the former Act, in respect of any sessions referred to in paragraph (2)(a), (b), (c) or (d) or in respect of any salary or annual allowance described in paragraph (2)(e), is less than the amount set out in that paragraph, the person is deemed to have to the credit of that person such portion of a year’s pensionable service as that lesser amount bears to the amount set out in that paragraph. Idem (4) For the purposes of subsection (1), in respect of time spent as a member of the House of Commons after July 31, 1981 and before 1992, or any period in respect of which an election under subsection 22(2) of the former Act was made, a person is, on ceasing to be a member, deemed to have one year of pensionable service to the credit of that person for each amount, equal to ten per cent of the sessional indemnity payable to a member of the House of Commons during any period of twelve months beginning on April 8 of any year, that the person has contributed or elected to contribute on the amount received as a member of the House of Commons by way of sessional indemnity in respect of sessions held in whole or in part during that period of twelve months. Application of subsection (3) (5) In the application of subsection (4), the deeming provision of subsection (3) in relation to a portion of a year’s pensionable service shall apply, with such modifications as the circumstances require. Limitation (6) Notwithstanding anything in this section, the retirement allowance payable to a person under this section shall not exceed the average annual sessional indemnity of the person multiplied by 0.75. R.S., 1985, c. M-5, s. 14; 1989, c. 6, s. 15; 1992, c. 46, s. 81; 2012, c. 22, s. 13
Members of Parliament Retiring Allowances Act — M-5 15
Additional retirement allowance on ceasing to be a member before January 1, 1992 15 (1) Subject to section 58, where a person ceased to be a member before January 1, 1992, having contributed or elected to contribute under Part I or III of the former Act as a member for at least six years and has contributed pursuant to subsection 21(5) or (7) of that Act, there shall be paid to the person during the lifetime of that person an additional retirement allowance equal to the average annual sessional indemnity as a member multiplied by the number of years of pensionable service to the credit of that person calculated in accordance with subsections (2) and (3), multiplied by 0.05. Calculation of years of pensionable service (2) For the purposes of subsection (1), a person, on ceasing to be a member, is deemed to have one year of pensionable service to the credit of that person for each amount, equal to ten per cent of the sessional indemnity payable to a member of the House of Commons, during any calendar year, that the person has contributed or elected to contribute in respect of any amount paid by way of a salary or an annual allowance during that calendar year. Application of subsection 14(3) (3) In the application of subsection (2), the deeming provision of subsection 14(3) in relation to a portion of a year’s pensionable service shall apply, with such modifications as the circumstances require. R.S., 1985, c. M-5, s. 15; 1992, c. 46, s. 81
Members of Parliament Retiring Allowances Act — M-5 16
respect of sessions held in whole or in part during that period of twelve months. Idem (6) Where any amount that a person referred to in subsection (3), (4) or (5) has contributed or elected to contribute under this Part or Part I or III of the former Act in respect of any sessions referred to in that subsection is less than the amount set out in that subsection, that person is deemed to have to the credit of the person such portion of a year’s pensionable service as that lesser amount bears to the amount set out in that subsection. R.S., 1985, c. M-5, s. 16; 1992, c. 46, s. 81; 2012, c. 22, s. 14
Members of Parliament Retiring Allowances Act — M-5 17.1
Allowance on ceasing to be member on or after January 1, 2016 — 65 years of age or older 17.1 (1) Subject to sections 58 and 59, if a person ceases to be a member after December 31, 2015, having contributed or elected to contribute under this Part or Part I or III of the former Act as a member for at least six years and the person has reached 65 years of age when he or she ceases to be a member, there shall be paid to that person during his or her lifetime a retirement allowance in an amount calculated under subsection (2). Amount (2) The amount of the retirement allowance is equal to the portion of the person’s average annual pensionable earnings that does not exceed his or her earnings limit for the calendar year in which he or she ceased to be a member multiplied by the number of years and portions of years of the person’s pensionable service calculated in accordance with subsections (3) and (4) multiplied by 0.02, minus an amount equal to the percentage fixed by the Chief Actuary of (a) the person’s average maximum pensionable earnings, multiplied by (b) the number of years and portions of years of the person’s pensionable service calculated in accordance with subsections (3) and (4) multiplied by 0.02. Pensionable service (3) Subject to subsection (4), the person’s pensionable service for the purposes of subsection (2) is (a) the years and portions of years spent as a member after December 31, 2015 during which he or she was required to contribute under this Part, other than any period in respect of which a withdrawal allowance has been paid to the person; and (b) the years and portions of years in respect of which he or she elected on or after January 1, 2016 to bring to his or her credit as time spent as a member. Service after contributions under subsection 12(2.1) not to be included (4) The person’s service as a member during which he or she was required to contribute under subsection 12(2.1), if any, is not to be included in the calculation under subsection (3) of the person’s pensionable service. Retirement pension to be taken into account (5) In fixing the percentage for the purposes of subsection (2), the Chief Actuary shall take into account the retirement pension payable to a person under the Canada Pension Plan or under a similar provincial pension plan. 2012, c. 22, s. 16
Members of Parliament Retiring Allowances Act — M-5 17.2
Allowance on ceasing to be member on or after January 1, 2016 — under 65 years of age 17.2 (1) Subject to sections 58 and 59, if a person ceases to be a member after December 31, 2015, having contributed or elected to contribute under this Part or Part I or III of the former Act as a member for at least six years and the person is under 65 years of age when he or she ceases to be a member, and the person has elected to receive an allowance under section 37.3, there shall be paid to that person, subject to subsection (3), during his or her lifetime, a retirement allowance in an amount calculated under subsection (2). Amount of retirement allowance (2) For the purposes of subsection (1), the amount of the retirement allowance is equal to the amount of the retirement allowance determined under section 17.1 as though that section applied to the person, minus the product obtained by multiplying that amount by the reduction factor. When retirement allowance becomes payable (3) The retirement allowance payable under subsection (1) becomes payable on the later of (a) the day the person reaches the age of 60, and (b) the day the person begins to receive his or her allowance under section 37.3. 2012, c. 22, s. 16
Members of Parliament Retiring Allowances Act — M-5 18
Withdrawal allowance 18 There shall be paid to a person who ceases to be a member but who has not contributed or elected to contribute under this Part or Parts I, III and IV of the former Act as a member for at least six years a withdrawal allowance, in a lump sum, equal to the aggregate of (a) the total amount of the contributions that the person has paid under this Part and Parts I, III and IV of the former Act, and (b) the interest on those contributions that the person has paid under section 11 or 11.1 or under section 23 of the former Act. R.S., 1985, c. M-5, s. 18; 1992, c. 46, s. 81; 2012, c. 22, s. 17
Members of Parliament Retiring Allowances Act — M-5 19
Withdrawal allowance where member expelled 19 There shall be paid to a person who ceases to be a Senator by reason of disqualification or who is expelled from the House of Commons a withdrawal allowance, in a lump sum, equal to the aggregate of (a) the total amount of the contributions that the person has paid under this Part and Parts I, III and IV of the former Act, and (b) the interest on those contributions that the person has paid under section 11 or 11.1 or under section 23 of the former Act. R.S., 1985, c. M-5, s. 19; 1989, c. 6, s. 16; 1992, c. 46, s. 81; 2012, c. 22, s. 18