GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Members of Parliament Retiring Allowances Act — M-5 33.2
Contributions in respect of previous sessions — election made on or after January 1, 2016 33.2 (1) If a member elects on or after January 1, 2016 to contribute to the Compensation Arrangements Account in respect of a previous session, he or she shall pay into the Consolidated Revenue Fund (a) if the member has not reached 71 years of age at the time the election is made, (i) a contribution, calculated at his or her applicable contribution rate that is fixed for the purpose of paragraph 31.2(1)(a) that is in force on the day on which the election is made, in respect of the portion of the member’s pensionable earnings during that previous session that exceeds his or her earnings limit for the year during that previous session, and (ii) a contribution, calculated at his or her applicable contribution rate that is fixed for the purpose of paragraph 31.2(1)(b) that is in force on the day on which the election is made, in respect of the member’s pensionable earnings during that previous session, and (b) if the member has reached 71 years of age at the time the election is made, a contribution, calculated at his or her applicable contribution rate that is fixed for the purpose of subsection 31.2(2) that is in force on the day on which the election is made, in respect of the member’s pensionable earnings during that previous session; and (c) 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 pensionable earnings was made to the member in respect of that previous 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. 26
Members of Parliament Retiring Allowances Act — M-5 34
Limits on contributions 34 Despite anything in this Part, no contribution shall be paid by a member under this Part 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. R.S., 1985, c. M-5, s. 34; 1992, c. 46, s. 81; 2001, c. 20, s. 24; 2003, c. 16, s. 6; 2012, c. 22, s. 26
Members of Parliament Retiring Allowances Act — M-5 34.1
Contribution of 1% — January 1, 2001 to December 31, 2012 — 69 years of age or more 34.1 (1) During the period that begins on January 1, 2001 and ends on December 31, 2012, a member who has reached 69 years of age shall with respect to each calendar year, by reservation from the sessional indemnity payable to him or her, contribute under this Part 1% of the amount payable to him or her by way of 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. Exception for 1% (2) During the period that begins on January 1, 2001 and ends on December 31, 2012, a member to whom subsection 12(2) applies shall with respect to each calendar year, by reservation from the sessional indemnity payable to him or her, contribute to the Compensation Arrangements Account 1% of that portion of his or her sessional indemnity for the calendar year that exceeds the his or her earnings limit for that year. 2012, c. 22, s. 26
Members of Parliament Retiring Allowances Act — M-5 34.2
Exclusions from computation of contributions 34.2 In a computation of the total amount that a member has contributed or elected to contribute under this Part, there shall not be included (a) any contributions in respect of which a withdrawal allowance has been paid under this Part; (b) any contributions in respect of which the member’s election has been revoked under this Part; or (c) any amount paid by way of interest. 2012, c. 22, s. 26
Members of Parliament Retiring Allowances Act — M-5 35
Payment of allowances 35 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. 35; 1992, c. 46, s. 81
Members of Parliament Retiring Allowances Act — M-5 36
 before January 1, 2001, he or she contributed or elected to contribute under section 31 or 33, as those sections read immediately before that date, other than amounts contributed in respect of salary or annual allowance or as interest. Special case — before January 1, 2001 (8) For the purposes of calculating the compensation allowance payable under subsection (1) to a person who, on or after July 13, 1995 and before January 1, 2001, elected to contribute under this Part in respect of any session or part of a session before January 1, 2001, the multipliers referred to in paragraph (2)(a) shall, in lieu of the numbers set out in that paragraph, be (a) if the person has not reached 60 years of age, 0.04; (b) subject to paragraph (c), if the person has reached 60 years of age, 0.02; and (c) if the person contributed after he or she reached 71 years of age, 0.04 for the years and portions of years of pensionable service calculated by reference to contributions made on or after the 71st birthday, other than those made under an election made before that birthday. Special case — January 1, 2001 to December 31, 2015 (9) For the purposes of calculating the compensation allowance payable under subsection (1) to a person who, during the period that begins on January 1, 2001 and ends on December 31, 2015, elected to contribute under this Part in respect of any session or part of a session before December 31, 2015, the multipliers referred to in paragraph (2)(a) shall, in lieu of the numbers set out in that paragraph, be (a) if the person has not reached 60 years of age, 0.03; (b) subject to paragraphs (c) and (d), if the person has reached 60 years of age, 0.01; (c) if the person contributed after he or she reached 69 years of age, 0.03 for the years and portions of years of pensionable service calculated by reference to contributions made — or in respect of which an election was made — during the period beginning on the later of the 69th birthday and January 1, 2001 and ending on December 31, 2012, other than those made under an election made before that birthday; and (d) if the person contributed after he or she reached 71 years of age, 0.03 for the years or portions of years of pensionable service calculated by reference to contributions made — or in respect of which an election was made — during the period beginning on the later of the 71st birthday and January 1, 2013 and ending on December 31, 2015, other than those made under an election made before that birthday. Exception (10) Clauses (2)(a)(i)(B), (ii)(B) and (iii)(B) and subsection (8) apply — instead of clauses (2)(a)(i)(C) and (ii)(C), subparagraph (2)(a)(iv) and subsection (9) — in respect of a period of pensionable service to a member’s credit pursuant to an election made under subsection 10(1) or 32(1), on or after November 27, 2000 and before November 27, 2001, or under subsection 10(1.1) or 32(1.1). R.S., 1985, c. M-5, s. 36; 1992, c. 46, s. 81; 1995, c. 30, s. 9; 2001, c. 20, s. 25; 2003, c. 16, s. 7; 2012, c. 22, ss. 27, 41
Members of Parliament Retiring Allowances Act — M-5 37.1
Beginning of payment of allowances — July 13, 1995 to December 31, 2015 37.1 (1) Despite sections 36 and 37, the allowances otherwise payable to a person under those sections in respect of pensionable service calculated by reference to contributions made during the period beginning on July 13, 1995 and ending on December 31, 2015, other than those made under an election made before July 13, 1995, are not payable until the earlier of (a) the day on which the person reaches fifty-five years of age, and (b) the day on which the person, after ceasing to be a member, becomes entitled to receive a disability pension under the Canada Pension Plan or a provincial pension plan similar thereto. Exception (2) Subsection (1) does not apply to a person who, on ceasing to be a member, is entitled to receive a disability pension under the Canada Pension Plan or a provincial pension plan similar thereto. 1995, c. 30, s. 11; 2012, c. 22, s. 29
Members of Parliament Retiring Allowances Act — M-5 37.2
Allowance on ceasing to be member on or after January 1, 2016 — 65 years of age or older 37.2 (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 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 compensation allowance in an amount calculated under subsection (2). Amount (2) The amount of the compensation allowance is the amount determined by the formula (A × B × 0.03) – (C + D) where A is the person’s average annual pensionable earnings; B is the number of years and portions of years of the person’s pensionable service calculated in accordance with subsections (3) and (4); C is an amount equal to the number determined by the calculation referred to in the description of B multiplied by an amount 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 0.02; D is an amount equal to the percentage fixed by the Chief Actuary for the purpose of subsection 17.1(2) of (i) the person’s average maximum pensionable earnings multiplied by B, multiplied by (ii) 0.01. Pensionable service (3) Subject to subsection (4), the person’s pensionable service for the purpose 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. 2012, c. 22, s. 30
Members of Parliament Retiring Allowances Act — M-5 37.3
Allowance on ceasing to be member on or after January 1, 2016 — under 65 years of age 37.3 (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 elects to receive a compensation allowance under this section, there shall be paid to that person, beginning on the date specified by him or her, (a) if the specified date is before the person reaches 60 years of age, (i) until the person reaches the age of 60, a compensation allowance in an amount calculated under subsection (2), and (ii) after the person reaches the age of 60, during his or her lifetime, a compensation allowance in an amount calculated under subsection (3); and (b) if the specified date is the day of the person’s 60th birthday or any day after that day, during his or her lifetime, a compensation allowance in an amount calculated under subsection (3). Amount of compensation allowance (2) For the purposes of subparagraph (1)(a)(i), the amount of the compensation allowance is the amount determined by the formula (A × B × 0.03) – (C × D) where A is the person’s average annual pensionable earnings; B is the number of years and portions of years of the person’s pensionable service calculated in accordance with subsections 37.2(3) and (4); C is an amount equal to A x B x 0.03; and D is the product obtained by multiplying 0.01 by the number of years by which the person’s age in years, to the nearest 1/10 of a year, at the time the allowance is payable, is less than 65 years of age. Amount of compensation allowance (3) For the purposes of subparagraph (1)(a)(ii) and paragraph (1)(b), the amount of the compensation allowance is the amount determined by the formula A – (A × B) where A is the allowance that would be payable to the person under subsection 37.2(2) if the person had reached 65 years of age; and B is the reduction factor. Limitation regarding specified date (4) The date specified by the person shall not be earlier than the person’s 55th birthday. 2012, c. 22, s. 30
Members of Parliament Retiring Allowances Act — M-5 38
Withdrawal allowance 38 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 paragraph 33(1)(c) or (2)(d), 33.1(1) (c) or 33.2(1)(c). R.S., 1985, c. M-5, s. 38; 1992, c. 46, s. 81; 2012, c. 22, s. 31
Members of Parliament Retiring Allowances Act — M-5 39
Withdrawal allowance where member expelled 39 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 paragraph 33(1)(c) or (2)(d), 33.1(1)(c) or 33.2(1)(c). R.S., 1985, c. M-5, s. 39; 1992, c. 46, s. 81; 2012, c. 22, s. 32
Members of Parliament Retiring Allowances Act — M-5 40
Survivor benefits 40 (1) On the death of a member or former member, there shall be paid (a) to the survivor an allowance equal to three fifths of the basic compensation allowance, but, if more than one survivor is entitled to an allowance under this paragraph, the total amount of the allowances shall not exceed three fifths of the basic compensation allowance and that total amount shall be apportioned in accordance with subsection (1.1); and (b) to each child, an allowance equal to one tenth of the basic compensation allowance or, if the member or former member died leaving no one entitled to an allowance under paragraph (a), two tenths of the basic compensation allowance, but the total amount of the allowances shall not exceed three tenths of the basic compensation allowance or, if the member or former member died leaving no one entitled to an allowance under paragraph (a), eight tenths of the basic compensation allowance. Apportionment (1.1) For the purposes of paragraph (1)(a), the total amount shall be apportioned so that (a) the survivor referred to in paragraph (a) of the definition survivor in subsection 2(1) receives an amount, if any, equal to the total amount less any amount determined under paragraph (b); and (b) the survivor referred to in paragraph (b) of that definition receives an amount equal to that proportion of the total amount that the number of years that survivor cohabited with the member or former member while a member is of the number of years that the member or former member was a member. Years (1.2) In determining a number of years for the purposes of subsection (1.1), a part of a year shall be counted as a full year if the part is six or more months and shall be ignored if it is less. Definition of basic compensation allowance (2) In this section, basic compensation allowance means (a) in the case of a former member, the aggregate of all the compensation allowances and additional compensation allowances that the former member was receiving under this Part at the time of death, calculated as if the former member had reached sixty years of age immediately before death; and (b) in the case of a member, the aggregate of all the compensation allowances and additional compensation allowances that the member would have been entitled to receive under this Part if the member had ceased to be a member and had reached sixty years of age immediately before death. Deeming (3) For the purposes of subsection (2), if the member or former member has pensionable service that came to his or her credit on or after January 1, 2016, the member or former member is deemed to have received or to have been entitled to receive, as the case may be, a compensation allowance in an amount determined under subsection 37.2(2) without taking into account the calculation referred to in the description of D in that subsection. R.S., 1985, c. M-5, s. 40; 1992, c. 46, s. 81; 1995, c. 30, s. 13; 1999, c. 34, s. 226; 2012, c. 22, s. 33
Members of Parliament Retiring Allowances Act — M-5 41
Children born, etc., after member ceases to be a member 41 Subject to the regulations, a child who is born to or adopted by a member or who becomes the stepchild of a member after that member ceases to be a member is not entitled to an allowance under section 40. R.S., 1985, c. M-5, s. 41; 1992, c. 46, s. 81
Members of Parliament Retiring Allowances Act — M-5 42
Saving provision 42 Nothing in section 41 shall prejudice any right that a child of an earlier marriage of a member or former member has to an allowance under section 40. 1992, c. 46, s. 81
Members of Parliament Retiring Allowances Act — M-5 44
Duration of entitlement 44 An allowance under section 40 (a) shall be paid monthly in arrears in approximately equal instalments; (b) begins to be payable (i) in respect of the death of a member, on the first day of the month immediately after the month in which the member dies, or (ii) in respect of the death of a former member, on the day after the day on which the former member dies; and (c) in the case of an allowance under paragraph 40(1)(a), continues during the lifetime of the recipient. 1992, c. 46, s. 81; 1995, c. 30, s. 15; 2000, c. 12, s. 178
Members of Parliament Retiring Allowances Act — M-5 45
Election for benefit 45 (1) If the person to whom a former member is married or with whom the former member is cohabiting in a relationship of a conjugal nature, having so cohabited for a period of at least one year, would not be entitled, in the event of the former member’s death, to receive an allowance under paragraph 20(1)(a) or 40(1)(a), the former member may elect, in accordance with the regulations, in order that the person could become entitled to an allowance under subsection (3), to reduce the amount of (a) the former member’s retirement allowances and any additional retirement allowance, under Part I; and (b) the former member’s compensation allowances, if any, and any additional compensation allowance, under this Part. Election for both Parts (2) No election may be made by a former member under subsection (1) unless the former member makes an election under subsection 25(1), if applicable, at the same time. Entitlement to allowance (3) A person referred to in subsection (1) is entitled to an allowance in an amount determined in accordance with the election and the regulations if the former member dies and the election is not revoked or deemed to have been revoked, and the person was married to the former member at the time of the former member’s death, or was cohabiting with the former member in a relationship of a conjugal nature for a period of at least one year immediately before the former member’s death. Payment of allowance (4) The allowance to the person referred to in subsection (1) shall be paid monthly in arrears in approximately equal instalments, beginning on the day after the day on which the former member dies, and continues during the person’s lifetime. No entitlement (5) A person who is entitled to receive an allowance under section 20 or 40 after the former member’s death is not entitled to an allowance under subsection (3) in respect of that former member. 1992, c. 46, s. 81; 2000, c. 12, s. 178; 2012, c. 22, s. 34
Members of Parliament Retiring Allowances Act — M-5 47
Contributions by Prime Minister — January 1, 2013 to December 31, 2015 47 (1) Beginning on January 1, 2013 and ending on December 31, 2015, the member who holds the office of Prime Minister shall with respect to each calendar year, by reservation from the annual salary payable to the member as Prime Minister under the Salaries Act , contribute to the Compensation Arrangements Account, in respect of that salary, at the applicable contribution rate that is fixed for the purpose of paragraph 31.1(1)(c). Contributions by Prime Minister — beginning January 1, 2016 (2) Beginning on January 1, 2016, the member who holds the office of Prime Minister shall with respect to each calendar year, by reservation from the annual salary payable to the member as Prime Minister under the Salaries Act , contribute to the Compensation Arrangements Account, in respect of that salary, at the contribution rate that is fixed for the purpose of subsection 31.2(2). 1992, c. 46, s. 81; 2012, c. 22, s. 35
Members of Parliament Retiring Allowances Act — M-5 48
Allowance to former Prime Ministers 48 (1) There shall be paid to every person who has held the office of Prime Minister for four years before February 6, 2006 an allowance beginning on the day on which that person ceases to be a member or reaches 65 years of age, whichever is the later, equal to 2/3 of the annual salary payable under the Salaries Act to the Prime Minister as Prime Minister on that day. Allowance to former Prime Ministers (2) There shall be paid to every person who has held the office of Prime Minister for four years on or after February 6, 2006 an allowance beginning on the day on which that person ceases to be a member or reaches 67 years of age, whichever is the later, in an amount determined in accordance with subsections (3) and (4). Amount (3) The amount of the allowance is the annual salary payable under the Salaries Act to the Prime Minister as Prime Minister on the later of the days referred to in subsection (2) multiplied by the number of years and portions of years that the member held the office of Prime Minister multiplied by 0.03. Maximum (4) The maximum allowance payable to a person under subsection (2) is 2/3 of the annual salary payable under the Salaries Act to the Prime Minister as Prime Minister on the later of the days referred to in that subsection. Duration of entitlement (5) An allowance payable to a person under subsection (1) or (2) continues during the lifetime of that person, but is suspended in respect of any period during which the person is a Senator or a member of the House of Commons. 1992, c. 46, s. 81; 2012, c. 22, s. 35