Members of Parliament Retiring Allowances Act — M-5 16
Allowance on ceasing to be a member on or after January 1, 1992 16 (1) Subject to sections 58 and 59, where a person ceases to be a member on or after January 1, 1992, 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, there shall be paid to that person during the lifetime of that person in respect of all those contributions, other than those made under this Part in respect of any amount paid by way of salary or annual allowance or under subsection 12(2) of this Act or under subsection 21(5) or (7) of the former Act, a retirement allowance equal to the average annual sessional indemnity of the person multiplied by (a) with respect to each year and portion of a year of pensionable service calculated in accordance with subsections (3), (4) and (6), the number of those years and portions of years multiplied by 0.03, in the case of a member of the Senate, and by 0.05, in the case of a member of the House of Commons; and (b) subject to subsection (2), with respect to each year and portion of a year of pensionable service calculated in accordance with subsections (5) and (6), the number of those years and portions of years multiplied by 0.02. Age limitation (2) The portion of a retirement allowance that is payable to a person under paragraph (1)(b) is not payable unless the person has reached sixty years of age. Calculation of years of pensionable service to the credit of Senators before January 1, 1992 (3) For the purposes of paragraph (1)(a), in respect of time spent as a member of the Senate before January 1, 1992, 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 six per cent of the sessional indemnity payable to a member of the Senate during any period of twelve months beginning on April 4, 1965, or on April 4 of any subsequent year, that the person has contributed or elected to contribute on the amount received as a member of the Senate by way of sessional indemnity in respect of sessions held in whole or in part during that period of twelve months. Calculation of years of pensionable service to the credit of members of the House of Commons before January 1, 1992 (4) For the purposes of paragraph (1)(a), in respect of time spent as a member of the House of Commons before January 1, 1992, 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. Calculation of years of pensionable service between January 1, 1992 and December 31, 2015 (5) For the purposes of paragraph (1)(b), in respect of time spent as a member during the period that begins on January 1, 1992 and ends on December 31, 2015, or any period of pensionable service in respect of which an election under section 10 has been made during that period, a person is, on ceasing to be a member, deemed to have one year of pensionable service to his or her credit for each amount, equal to 4% of the sessional indemnity payable to a member during any 12-month period beginning (a) in respect of members of the House of Commons, on April 8 of any year, and (b) in respect of members of the Senate, on April 4 of any year, that the person has contributed or elected to contribute under this Part on the amount received as a member by way of sessional indemnity in 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 contri