GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Royal Canadian Mounted Police Pension Continuation Act — R-10.6 15
Prior service in Force or Dominion Police 15 (1) In the case of an officer who prior to his appointment in the Force has served as a non-commissioned officer or constable in the Force or in the Dominion Police, the time during which he has so served may be included in his term of service or be computed as service for the purposes of this Part, subject to the provisions of section 16. Civil Service (2) Time served in the Civil Service that could be reckoned for the purposes of Part I of the Civil Service Superannuation and Retirement Act may in like manner be included in the term of service for the purpose of this Part. Civil Service under Retirement Fund (3) Time served in the Civil Service during which Part II of the Civil Service Superannuation and Retirement Act applied to the person serving and during which the reservation of five per cent was made out of his salary as required by section 27 of that Act may in like manner be included in the term of service for the purpose of this Part. Application of ss. (1) and (3) (4) Subsections (1) and (3) shall be construed and applied with relation to officers in the Force on the 19th day of July 1924, as if those subsections had been enacted on the 1st day of February 1920. Active service in World War I (5) Time served on active service during the war between Great Britain and Germany that commenced on the 4th day of August 1914 may be included in the term of service for the purpose of pension under this Part. Civil Service and Customs-Excise Preventive Service (6) Time served in the Civil Service that counted toward superannuation and retirement under the various Civil Service Superannuation and Retirement Acts, and time served in the Customs-Excise Preventive Service of the Department of National Revenue may be included in the term of service for the purpose of pension under this Part. Provincial police force (7) Recognition of prior service in and time served in any provincial police force of a province with which the Governor in Council has entered into an arrangement under section 5 of the former Act, at the time of the officer’s appointment or re-appointment or subsequent to such appointment or re-appointment, may be included in his term of service for the purposes of pension under this Part, if the officer pays the amount required by the Governor in Council. Permanent forces (8) Time served in the permanent naval, army or air forces of Canada may also be included in the term of service of an officer for the purposes of pension under this Part; and in such cases the yearly deduction of five per cent upon average pay under this Part from any pension shall be reduced by the average yearly deduction from the officer’s salary or pay as a member of the permanent naval, army or air forces, made under the Defence Services Pension Continuation Act . Active service in World War II (9) Time served on active service during the war that commenced in September 1939 may be included in the term of service of an officer for the purposes of pension under this Part. R.S., 1952, c. 241, s. 48; 1959, c. 34, s. 38
Royal Canadian Mounted Police Pension Continuation Act — R-10.6 16
Deductions of 5% 16 (1) A deduction toward making good the pensions aforesaid shall be made from the pay of every officer at the rate of five per cent per annum on such pay, but such a deduction shall not be made during more than thirty-five years of service. If deductions not made for sufficient number of years (2) If an officer becomes entitled to a pension, and the deduction from his pay provided for in this section has not been made for as great a number of years as that upon which his pension is based, the aggregate amount of pay received by him during the years for which no such deduction has been made shall be divided by the number of such years for the purpose of ascertaining the average pay of such officer during such years, and a yearly deduction amounting to five per cent upon such average pay shall be made from the pension of such officer, and such deduction shall continue to be made until the expiration of the number of years last mentioned or the cessation of the payment of the pension, whichever first happens; but if the officer thinks fit, the deficiency in deduction may be made good by him in one payment. Application of deductions (3) The sums deducted under this section form part of the Consolidated Revenue Fund. R.S., 1970, c. R-10, s. 16; 1974-75-76, c. 81, s. 68(E)
Royal Canadian Mounted Police Pension Continuation Act — R-10.6 17
Gratuity when pension not earned 17 (1) If any officer is constrained, from any infirmity of body or mind, to quit the Force before a period at which a pension might be granted to him, the Governor in Council may allow him a gratuity not exceeding one month’s pay for each year of his service. Gratuity in case of severe injury on duty (2) If any such officer is so constrained to quit the service before such period by reason of severe bodily injury, received without his own fault, in the discharge of his public duty, the Governor in Council may allow him a gratuity not exceeding three months pay for every two years of service. R.S., 1952, c. 241, s. 50
Royal Canadian Mounted Police Pension Continuation Act — R-10.6 18
Gratuity in case of reduction of staff 18 If an officer is retired to promote efficiency or economy in the service, the Governor in Council may grant him such gratuity as he would have been entitled to if he had been retired in consequence of permanent infirmity of body or mind. R.S., 1952, c. 241, s. 51
Royal Canadian Mounted Police Pension Continuation Act — R-10.6 18.1
Diversion of payments to satisfy financial support order 18.1 (1) When any court in Canada of competent jurisdiction has made an order requiring an officer in receipt of a pension to pay financial support, amounts payable to the officer under this Part 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 . Payment deemed to be to officer (2) For the purposes of this Part, any payment made pursuant to subsection (1) shall be deemed to have been made to the officer in respect of whom the payment was made. (3) [Repealed, 2000, c. 12, s. 285] 1980-81-82-83, c. 100, s. 46; 1999, c. 34, s. 218; 2000, c. 12, s. 285
Royal Canadian Mounted Police Pension Continuation Act — R-10.6 19
Pension to survivor and allowances to children 19 (1) Subject to this Part, the Governor in Council may, as to him or her seems fit, grant a pension to the survivor and a compassionate allowance to each of the children of an officer who, having completed ten years of service, was at the time of his death a member of the Force, or who is at the time of his death in receipt of a pension. If two survivors (2) If the Minister grants a pension to two survivors, the total amount of the pension shall be apportioned between the two survivors in accordance with subsection 25.1(3). R.S., 1970, c. R-10, s. 19; 1999, c. 34, s. 219
Royal Canadian Mounted Police Pension Continuation Act — R-10.6 20
When pension or allowance not granted 20 Such pension or compassionate allowance shall not be granted (a) and (b) [Repealed, 1992, c. 46, s. 91] (c) if the survivor began to cohabit with the officer in a relationship of a conjugal nature, or married, the officer after the officer retired; (d) if, at the time the survivor began to cohabit with the officer in a relationship of a conjugal nature or married the officer, the officer had attained the age of sixty years; (e) in the case of an officer who married after the 1st day of July 1902, if he was more than twenty-five years older than his wife; or (f) if the officer died within one year after his marriage, unless he was manifestly in good health at the time of his marriage, and his death was caused by disease or injury not due to causes within his own control, and there are no other objections to the granting of the pension or compassionate allowance. R.S., 1970, c. R-10, s. 20; 1992, c. 46, s. 91; 1999, c. 34, s. 220
Royal Canadian Mounted Police Pension Continuation Act — R-10.6 20.1
Election for officers 20.1 (1) If the person to whom an officer is married or with whom the officer is cohabiting in a relationship of a conjugal nature, having so cohabited for a period of at least one year, could not be granted, by reason of paragraph 20(c) or (d), a pension under section 19 in the event of the officer’s death, the officer may elect, in accordance with the regulations, to reduce the amount of the officer’s pension in order that a pension could be granted to the person under subsection (2). Payment (2) The Minister shall grant a pension to the person referred to in subsection (1) in an amount determined in accordance with the election and the regulations, if (a) the person was married to the officer at the time of the officer’s death, or was cohabiting with the officer in a relationship of a conjugal nature for a period of at least one year immediately before the officer’s death; and (b) the election is not revoked or deemed to have been revoked. No entitlement (3) A person who is entitled to receive a pension under section 25.1 after the officer’s death is not entitled to a pension under subsection (2) in respect of that officer. Regulations (4) The Governor in Council may make regulations respecting (a) the time, manner and circumstances in which an election may be made, revoked or deemed to have been revoked; (b) the reduction to be made in the amount of an officer’s pension when an election is made; (c) the amount of the pension granted under subsection (2); and (d) any other matter that the Governor in Council considers necessary for carrying out the purposes and provisions of this section. 1992, c. 46, s. 92; 2000, c. 12, s. 286
Royal Canadian Mounted Police Pension Continuation Act — R-10.6 21
Pension of widow one-half of husband’s pension 21 The pension of a widow shall be, (a) if her husband was at the time of his death a member of the Force, an amount equal to one-half of the pension to which he would have been entitled if he had been retired compulsorily immediately before his death; or (b) if he was on pension, an amount equal to one-half of such pension. R.S., 1952, c. 241, s. 54; 1959, c. 34, s. 40
Royal Canadian Mounted Police Pension Continuation Act — R-10.6 22
Rates of allowance to children 22 (1) The compassionate allowance to a child shall be (a) in the case of the Commissioner, Deputy Commissioner, or an Assistant Commissioner, eighty dollars; (b) in the case of a superintendent or surgeon, seventy dollars; and (c) in the case of an inspector, assistant surgeon or veterinary surgeon, sixty-five dollars. Motherless child (2) If the child is motherless, the allowance may be doubled. R.S., 1970, c. R-10, s. 22; 1992, c. 46, s. 93
Royal Canadian Mounted Police Pension Continuation Act — R-10.6 23
Amount to family limited 23 The total amount paid to the survivor and children of an officer during any year shall not exceed the amount of the pension of which the officer was in receipt, or to which he would have been entitled, as the case may be. R.S., 1970, c. R-10, s. 23; 1999, c. 34, s. 221
Royal Canadian Mounted Police Pension Continuation Act — R-10.6 24
24 (1) [Repealed, 1992, c. 46, s. 94] (2) [Repealed, 1989, c. 6, s. 21] (3) [Repealed, 1992, c. 46, s. 94]
Royal Canadian Mounted Police Pension Continuation Act — R-10.6 25
No allowance to children over age 25 The compassionate allowance to an officer’s child ceases when the child reaches the age of twenty-one. R.S., 1970, c. R-10, s. 25; 1989, c. 6, s. 22
Royal Canadian Mounted Police Pension Continuation Act — R-10.6 25.1
Person considered to be the survivor 25.1 (1) For the purposes of this Act, when a person establishes that he or she was cohabiting in a relationship of a conjugal nature with an officer or former officer for at least one year immediately before the death of the officer or former officer, the person is considered to be the survivor of the officer or former officer. Person considered to be married (2) For the purposes of this Act, when an officer or former officer dies and, at the time of death, the officer or former officer was married to a person with whom the officer or former officer had been cohabiting in a relationship of a conjugal nature for a period immediately before the marriage, that person is considered to have become married to the officer or former officer on the day established as being the day on which the cohabitation began. Apportionment of pension when two survivors (3) When a pension is payable to a survivor and there are two survivors of the officer or former officer, the total amount of the pension shall, subject to subsection (4), be apportioned so that (a) the survivor referred to in paragraph (a) of the definition “survivor” in subsection 2(1) is entitled to receive the proportion of the pension that the total of the number of years that he or she cohabited with the officer or former officer while married to the officer or former officer and the number of years that he or she cohabited with the officer or former officer in a relationship of a conjugal nature bears to the total number of years that the officer or former officer so cohabited with the survivors; and (b) the survivor referred to in paragraph (b) of that definition is entitled to receive the proportion of the pension that the number of years that he or she cohabited with the officer or former officer in a relationship of a conjugal nature bears to the total number of years that the officer or former officer cohabited with the survivors, either while married or while in a relationship of a conjugal nature. Exception (4) If one of the two survivors is found criminally responsible for the death of the officer or former officer or if, when the officer or former officer dies, it is established to the satisfaction of the Minister that one of the survivors cannot be found, the other survivor shall receive the first survivor’s portion, in addition to his or her own portion. Death of one of the survivors after apportionment (5) When one of the two survivors dies after apportionment, the portion of the pension that would have been payable to the survivor who died shall be paid to the remaining survivor in addition to his or her own portion. 1992, c. 46, s. 95; 1999, c. 34, s. 222
Royal Canadian Mounted Police Pension Continuation Act — R-10.6 26
Treasury Board to report 26 No pension or compassionate allowance shall be granted unless the Treasury Board reports that the person to whom it is proposed to grant it is eligible within the meaning of this Part. R.S., 1952, c. 241, s. 59
Royal Canadian Mounted Police Pension Continuation Act — R-10.6 27
Application of Part 27 This Part applies, instead of the Civil Service Superannuation and Retirement Act , (a) to every officer appointed to the Force after the 1st day of July 1902; and (b) to every officer in the Force who is not subject to Part I or II of the Civil Service Superannuation and Retirement Act . R.S., 1952, c. 241, s. 60
Royal Canadian Mounted Police Pension Continuation Act — R-10.6 28
Deduction from pay under Civil Service Superannuation and Retirement Act 28 Any deduction made from the pay of an officer toward the Civil Service Superannuation Fund or the Civil Service Retirement Fund may, if such officer so elected to accept the provisions of the Mounted Police Officers Pension Act, 1902 , be counted as part of the five per cent deduction required by this Part toward making good the pensions aforesaid. R.S., 1952, c. 241, s. 61
Royal Canadian Mounted Police Pension Continuation Act — R-10.6 29
Officers not subject to this Part 29 Part I or Part II of the Civil Service Superannuation and Retirement Act , as the case may be, continues to apply as heretofore to officers who are not subject to the application of this Part. R.S., 1952, c. 241, s. 62
Royal Canadian Mounted Police Pension Continuation Act — R-10.6 30
Dismissal 30 Nothing in this Part affects the right of the Governor in Council to dismiss or remove any officer. R.S., 1952, c. 241, s. 63
Royal Canadian Mounted Police Pension Continuation Act — R-10.6 31
Pension to widow and allowance to children 31 (1) Subject to the provisions hereinafter contained, the Governor in Council may grant a pension to the widow and a compassionate allowance to each of the children of any officer who loses his life in the performance of duty, as a result of hardship, accident, misadventure or violence. Amount of pension and allowances (2) The pension of such widow shall be equal to one-half the pay and allowances that would have been permitted her deceased husband for pension purposes, under this Act at the time of his death, irrespective of whether he had qualified for pension by length of service or not, and the compassionate allowance to each child shall be that stipulated in section 22. Limitations not to apply (3) The provisions of section 23 do not apply in the case of the widow and children of an officer who loses his life under the conditions set forth in subsection (1). Provisions applicable (4) Payments of pension or compassionate allowance granted to the widow and children of an officer under this section are subject to sections 24, 25 and 26. R.S., 1952, c. 241, s. 64
Royal Canadian Mounted Police Pension Continuation Act — R-10.6 32
Constable may be required to retire 32 When any constable has (a) completed a service of twenty years, or (b) completed a service of not less than ten years, and has reached the age limit, the Commissioner may, with the approval of the Governor in Council, require him to retire upon the terms as to pension prescribed under this Part. R.S., 1952, c. 241, s. 65
Royal Canadian Mounted Police Pension Continuation Act — R-10.6 33
When pensions payable 33 (1) Subject to this Part, when any constable (a) has completed not less than ten years of service, and is incapacitated from the performance of his duty by infirmity of mind or body, he may be invalided and granted a pension for life; or (b) has completed not less than twenty years of service, he shall be entitled to retire and receive a pension for life. Return to service (2) Any constable who receives a pension before he has completed twenty years of service shall be subject to return to service, as provided by this Part, if he ceases to be incapacitated and has not reached the age limit. R.S., 1952, c. 241, s. 66
Royal Canadian Mounted Police Pension Continuation Act — R-10.6 34
Amount of pension 34 (1) The pension of a constable on retirement shall be (a) if he has completed ten but less than twenty-one years of service, one-fiftieth of his annual pay and allowances during the last year of his service for every year of service; (b) if he has completed twenty-one but less than twenty-five years of service, an annual sum equal to twenty-fiftieths of his annual pay and allowances during the last year of his service, with an addition of two-fiftieths of such pay and allowances for every completed year of service above twenty years; or (c) if he has completed twenty-five years of service, an annual sum equal to thirty-fiftieths of his annual pay and allowances during the last year of his service with an addition of one-fiftieth of such pay and allowances for every completed year of service above twenty-five years, but the pension shall not exceed two-thirds of such annual pay and allowances. Amount of allowances for pension purposes (2) The Governor in Council may by regulation determine the amount of allowances for pension purposes to be received by any constable of the Force, and this subsection shall be and be deemed to have been effective from the 1st day of August 1919. R.S., 1952, c. 241, s. 67
Royal Canadian Mounted Police Pension Continuation Act — R-10.6 35
Re-engaged pensioner 35 (1) In the event of a pensioner being re-engaged for service in the Force by reason of the existence of a national emergency, including war, his pension shall be discontinued until his re-engagement is terminated by his final discharge from the Force. Resumption of pension (2) Notwithstanding anything in this Part, payment of the pension of which any such pensioner was in receipt prior to his re-engagement as aforesaid shall, upon his final discharge from the Force, be immediately resumed; but the Governor in Council may, in his discretion, increase the amount of such pension by an amount equal to one-fiftieth of the annual pay and allowances of which such pensioner was in receipt at the time of his final discharge from the Force for each year or, save as otherwise provided by subsection (3), portion of a year of his service during the period of his re-engagement as aforesaid. Computation (3) In determining the period of service of a pensioner under re-engagement as aforesaid for the purposes of subsection (2), service of six months or more but of less than one year shall be counted as one-half of a year’s service, but service of less than six months shall not count for the purposes of any increase of pension; and where in the case of any pensioner no allowances for the rank held by him during re-engagement as aforesaid are prescribed for pension purposes, the Minister may recommend that such amount by way of allowances as may in his opinion be considered fair and just in the circumstances of the case be taken into account for the purpose of computing an increase of the pension of such pensioner under subsection (2). Pensioner (4) In this section pensioner means any constable who, prior to his re-engagement for service in the Force, was in receipt of a pension granted to him under this Act. R.S., 1952, c. 241, s. 68