GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Members of Parliament Retiring Allowances Act — M-5
Chief Actuary means the Chief Actuary of the Office of the Superintendent of Financial Institutions. ( actuaire en chef )
Members of Parliament Retiring Allowances Act — M-5 (a)
child means a child or stepchild of — or an individual adopted either legally or in fact by — a member or former member who (a) is less than eighteen years of age, or (b) is eighteen years of age or older but less than twenty-five years of age, and is in full-time attendance at a school or university within the meaning provided for that expression by the regulations, having been in such attendance substantially without interruption since the child reached eighteen years of age or the member or former member died, whichever occurred later. ( enfant )
Members of Parliament Retiring Allowances Act — M-5
Compensation Arrangements Account means the Members of Parliament Retirement Compensation Arrangements Account established by section 27. ( compte de convention )
Members of Parliament Retiring Allowances Act — M-5 (a)
defined benefit limit means (a) in respect of a calendar year before 1995, $1,722.22, and (b) in respect of the 1995 calendar year and any subsequent calendar year, the amount prescribed. ( plafond des prestations déterminées )
Members of Parliament Retiring Allowances Act — M-5 (a)
earnings limit , in relation to a member in respect of one or more sessions in any calendar year, means (a) for any calendar year before 2016, the amount in respect of which benefits may be accrued during that calendar year for the purposes of a registered pension plan within the meaning of the Income Tax Act , determined by dividing the defined benefit limit in respect of that calendar year by 0.02, and (b) for 2016 and subsequent calendar years, the amount determined by the following formula, rounded to the next highest multiple of $100: [(A – (B × C)) / 0.02] + C where A is the the amount determined for the calendar year in accordance with the definition defined benefit limit in subsection 8500(1) of the Income Tax Regulations , B is the number fixed by the Chief Actuary under subsection (6), and C is the amount of the Year’s Maximum Pensionable Earnings, as defined in subsection 2(1) of the Canada Pension Plan , for that calendar year. ( gains maximums )
Members of Parliament Retiring Allowances Act — M-5
former Act means this Act as it read on December 31, 1991. ( version antérieure )
Members of Parliament Retiring Allowances Act — M-5
joint and survivor benefit [Repealed, 2000, c. 12, s. 176]
Members of Parliament Retiring Allowances Act — M-5
member means a member of the Senate or House of Commons. ( parlementaire )
Members of Parliament Retiring Allowances Act — M-5
Minister means the President of the Treasury Board. ( ministre )
Members of Parliament Retiring Allowances Act — M-5 (a)
pensionable earnings , with respect to any member in respect of any calendar year, means the aggregate of (a) his or her sessional indemnity for the year, (b) any annual allowance payable to him or her in respect of the year, and (c) any salary payable to the member in respect of the year. ( gains ouvrant droit à pension )
Members of Parliament Retiring Allowances Act — M-5
prescribed means prescribed by regulation. ( Version anglaise seulement )
Members of Parliament Retiring Allowances Act — M-5
reduction factor , with respect to any former member, means the number determined by the calculation referred to in the description of D in subsection 37.3(2). ( facteur de réduction )
Members of Parliament Retiring Allowances Act — M-5
Retiring Allowances Account means the Members of Parliament Retiring Allowances Account continued by section 3. ( compte d’allocations )
Members of Parliament Retiring Allowances Act — M-5
salary means a salary payable to a member pursuant to section 4 or 4.1 of the Salaries Act or section 60, 61, 62.1 or 62.2 of the Parliament of Canada Act , or payable to a member pursuant to an appropriation Act as a minister of state or a minister without portfolio. ( traitement )
Members of Parliament Retiring Allowances Act — M-5
session means a session of Parliament. ( session )
Members of Parliament Retiring Allowances Act — M-5 (a)
sessional indemnity means (a) in relation to a period before October 8, 1970, the allowances payable to a member under section 55 and subsection 63(3) of the Parliament of Canada Act , as that subsection read immediately before the coming into force of this paragraph, (b) in relation to a period after October 7, 1970 and before July 8, 1974, (i) in the case of a member of the Senate, five sixths of the allowance payable to the member under section 55 of the Parliament of Canada Act , and (ii) in the case of a member of the House of Commons, the allowance payable to the member under section 55 of the Parliament of Canada Act , and (c) in relation to a period after July 7, 1974, the allowance payable to a member under section 55 or 55.1 of the Parliament of Canada Act . ( indemnité de session )
Members of Parliament Retiring Allowances Act — M-5 (a)
survivor , in relation to a member or former member, means (a) a person who was married (i) in the case of a member or former member, to the member or former member immediately before his or her death, and (ii) in the case of a former member, to the former member immediately before the time when he or she ceased to be a member, or (b) a person who establishes that the person was cohabiting in a relationship of a conjugal nature (i) in the case of a member or former member, with the member or former member for at least one year immediately before his or her death, and (ii) in the case of a former member, with the former member before he or she ceased to be a member. ( survivant )
Members of Parliament Retiring Allowances Act — M-5 2.1
Continuing under Act 2.1 (1) A member of the House of Commons in the thirty-fifth Parliament who is contributing under subsection 9(1) or (2), 11(1), 12(2), 31(1), (2) or (3), 33(1) or (2) or 34(2) or section 47 on the coming into force of this section may, within sixty days after the day on which this section comes into force, elect in accordance with subsection 56(2) to continue to contribute under all those provisions under which the member is contributing at the time of the election. Coming under Act (2) A person who, after the coming into force of this section, becomes a member of the House of Commons in the thirty-fifth Parliament may, within sixty days after the first day on which that House is sitting after that person becomes a member, elect in accordance with subsection 56(2) to contribute, from the day on which the person becomes a member, under such of subsections 9(1) and (2), 12(2), 31(1), (2) and (3) and 34(2) and section 47 as are otherwise applicable to the person. Exception (3) Subsection (2) does not apply to a person who was entitled to make an election under subsection (1) and did not do so. Irrevocable (4) An election under this section is irrevocable. Deemed election (5) For the purposes of this Act, (a) a member who, being entitled to make an election under subsection (1), dies before doing so is deemed to have elected immediately before the death to continue to contribute under all those provisions under which the member was contributing at that time; and (b) a person who, being entitled to make an election under subsection (2), dies before doing so is deemed to have elected immediately before the death to contribute under such of the provisions of this Act as would otherwise be applicable to the person. 1995, c. 30, s. 2
Members of Parliament Retiring Allowances Act — M-5 2.2
Application of Act to members making election 2.2 This Act continues to apply to a member who makes an election under section 2.1. 1995, c. 30, s. 2
Members of Parliament Retiring Allowances Act — M-5 2.3
Application of Act to members not making election 2.3 (1) Subject to this section and sections 2.4 and 2.5, this Act ceases to apply to a member who, being entitled to make an election under section 2.1, does not do so. Withdrawal allowance (2) There shall be paid to a member referred to in subsection (1) a withdrawal allowance, in a lump sum, equal to the aggregate of (a) the total amount of the contributions that the member has paid under this Act and Parts I, III and IV of the former Act, and (b) the interest on those contributions that the member has paid under section 11 or paragraph 33(1)(c) or (2)(d) of this Act or under section 23 of the former Act. Reduction (3) The withdrawal allowance payable to a member who was a member for six or more years before October 25, 1993 shall be reduced by the amount of the contributions, and the interest thereon, that the member has paid in respect of pensionable service as a member before that date. Interest (4) Interest shall be paid on the amount of the withdrawal allowance and shall be calculated in accordance with subsection 63(2) as if a reference to paragraphs (2)(a) and (b) were included in paragraph 63(2)(a) and as if the references in that subsection to “the year in which the person ceased to be a member” were references to “the year in which the allowance became payable”. 1995, c. 30, s. 2
Members of Parliament Retiring Allowances Act — M-5 2.4
Application of Act to members not making election who become members again 2.4 (1) This Act recommences to apply to a member referred to in subsection 2.3(1) who ceases to be a member and subsequently becomes a member in the thirty-sixth or any subsequent Parliament. (2) [Repealed, 1998, c. 23, s. 9] 1995, c. 30, s. 2; 1998, c. 23, s. 9
Members of Parliament Retiring Allowances Act — M-5 2.5
Application of Act to members not making election who were vested 2.5 (1) Section 11, subsection 12(3), sections 13, 16, 17, 19 to 26, 33, 35 to 37, 39 to 46 and 48 to 55, subsection 56(2) and sections 57 to 63 of this Act and section 23 of the former Act continue to apply, with such modifications as the circumstances require, to a member referred to in subsection 2.3(1) who was a member for six or more years before October 25, 1993. Presumption (2) For the purposes of applying the provisions referred to in subsection (1), the member is deemed to have received no sessional indemnity for any period after October 24, 1993. 1995, c. 30, s. 2
Members of Parliament Retiring Allowances Act — M-5 2.6
Election to come under Act 2.6 (1) A member of the House of Commons who was entitled to make an election under section 2.1 and who did not do so may, within 90 days after the day this section comes into force, elect in accordance with subsection 56(2) to have this Act recommence to apply to the member. Application (2) Subsection (1) applies only in respect of members of the House of Commons who serve continuously in that capacity from the day this section comes into force until the day they make their election. Irrevocable (3) An election under subsection (1) is irrevocable. Application of Act deemed to be continuous (4) This Act is deemed to apply to a member of the House of Commons who makes an election under subsection (1) as if it had always applied to the member. Repayment of withdrawal allowance and payment of contributions (5) A member of the House of Commons who makes an election under subsection (1) shall, within 90 days after making the election, pay into the Consolidated Revenue Fund, in a lump sum, an amount equal to (a) the withdrawal allowance paid to the member under subsection 2.3(2); (b) any interest on the withdrawal allowance paid to the member under subsection 2.3(4); and (c) the contributions that the member would have made had the Act not ceased to apply to the member. Crediting to accounts (6) The amount paid under subsection (5) shall be credited to the Retiring Allowances Account and the Compensation Arrangements Account in the appropriate amounts. Deemed contributions (7) The portion of the amount paid under subsection (5) in respect of the withdrawal allowance mentioned in paragraph (5)(a) and the contributions mentioned in paragraph (5)(c) are for all purposes deemed to be contributions made by the member. Non-payment cancels election (8) An election under subsection (1) is deemed not to have been made if the amount required to be paid under subsection (5) is not paid in the time provided, but subsection 57(2) applies if the member who made the election dies before the time expires. 1998, c. 23, s. 10
Members of Parliament Retiring Allowances Act — M-5 2.7
Obligation to fix rates 2.7 (1) The Chief Actuary shall fix contribution rates for the purpose of the provisions of this Act that require contributions to be made at the applicable contribution rate. No distinguishing based on House membership (2) The Chief Actuary shall not distinguish between members of the Senate and members of the House of Commons when fixing contribution rates for the purpose of any provision of this Act. (3) [Repealed, 2015, c. 36, s. 94] Contribution rate for purpose of paragraph 31.1(1)(a) — 2013 to 2015 (4) Despite subsection (1), but subject to subsection (9), the applicable contribution rate for the purpose of paragraph 31.1(1)(a) for the calendar years 2013 to 2015 is 4%. Contribution rates for purpose of paragraph 31.1(1)(b) — 2013 to 2015 (5) Despite subsection (1), the applicable contribution rates for the purpose of paragraph 31.1(1)(b) for the calendar years 2013 to 2015 are (a) for 2013, 4%; (b) for 2014, 5%; and (c) for 2015, 6%. Contribution rates for purpose of paragraphs 31.1(1)(c) and (2)(a) and (b) — 2013 to 2015 (6) Despite subsection (1), but subject to subsections (7) to (9), the applicable contribution rates for the purpose of paragraphs 31.1(1)(c) and (2)(a) and (b) for the calendar years 2013 to 2015 are (a) for 2013, 8%; (b) for 2014, 9%; and (c) for 2015, 10%. Contribution rate for certain members — 2013 to 2015 (7) Despite subsection (1), the applicable contribution rate for the purpose of paragraph 31.1(1)(c) for the calendar years 2013 to 2015 for members who are required to contribute under subsection 12(2) is 4% in respect of the portion of salary or annual allowance that is payable to them that exceeds their earnings limit for the calendar year. Contribution rates for certain members — 2013 to 2015 (8) Despite subsection (1), the applicable contribution rates for the purpose of paragraph 31.1(1)(c) for the calendar years 2013 to 2015, in respect of salary or annual allowance, for members who are required to contribute under subsection 12(2) are (a) for 2013, 4%; (b) for 2014, 5%; and (c) for 2015, 6%. Contribution rate for certain members — 2013 to 2015 (9) Despite subsection (1), the applicable contribution rate for the purpose of paragraphs 31.1(1)(a) and (2)(a) for the calendar years 2013 to 2015 for members who are required to contribute under subsection 12(2) and members who would be required to contribute under subsection 12(2) if they were under 71 years of age is 1%. Publication of rates (10) The Minister shall cause to be published in the Canada Gazette the contribution rates fixed under subsection (1) as soon as feasible after they are fixed. 2012, c. 22, s. 3; 2015, c. 36, s. 94
Members of Parliament Retiring Allowances Act — M-5 2.8
Objective 2.8 In fixing contribution rates, the Chief Actuary’s objective is to ensure that, as of January 1, 2017, the total amount of contributions to be paid by members under Parts I and II will meet 50% of the current service cost in respect of the benefits payable under Parts I, II and IV. 2012, c. 22, s. 3; 2015, c. 36, s. 95
Members of Parliament Retiring Allowances Act — M-5 2.9
Exclusion — pensionable service 2.9 If a member is suspended from the Senate or House of Commons, as the case may be, by a majority vote of that House, the member’s pensionable service is not to include the period that begins on the day on which the suspension starts and ends on the day fixed by a majority vote of that House for the reinstatement of the member’s entitlement to accrue pensionable service. 2014, c. 20, s. 166
Members of Parliament Retiring Allowances Act — M-5 2.91
Effect of suspension 2.91 Despite any provision of Part I, Part II or Part V, no contribution shall be paid by a member under those Parts in respect of any period referred to in section 2.9. 2014, c. 20, s. 166
Members of Parliament Retiring Allowances Act — M-5 2.92
No election while suspended 2.92 (1) No election shall be made under Part I or Part II by a member during any period that begins on the day on which the suspension referred to in section 2.9 starts and ends on the later of the day on which a majority vote is passed by the Senate or House of Commons, as the case may be, which reinstates the member’s entitlement to accrue pensionable service and the day fixed by that vote for that reinstatement. Subsections 10(1) and 32(1) (2) The period referred to in subsection (1) is not to be included in the determination of the time limit for making an election under subsection 10(1) or 32(1). No election — period of suspension (3) No election shall be made under this Act in respect of any period referred to in section 2.9. 2014, c. 20, s. 166
Members of Parliament Retiring Allowances Act — M-5 3
Members of Parliament Retiring Allowances Account continued 3 (1) The Members of Parliament Retiring Allowances Account, established in the accounts of Canada by section 4 of the former Act, is hereby continued. Prime Minister’s contributions transferred to Compensation Arrangements Account (2) On January 1, 1992 there shall be charged to the Retiring Allowances Account and credited to the Compensation Arrangements Account such portion of the balance to the credit of the Retiring Allowances Account on that day as may reasonably be estimated to be attributable to the aggregate of (a) the contributions credited to the Retiring Allowances Account pursuant to paragraph 4(1)(a) of the former Act on account of contributions paid pursuant to section 18 of that Act, (b) the amounts equal to those contributions credited to the Retiring Allowances Account pursuant to paragraph 5(a) of the former Act, and (c) the interest credited pursuant to paragraph 5(c) of the former Act on such portion of the balance to the credit of the Retiring Allowances Account as may reasonably be estimated to be attributable to the amounts referred to in paragraphs (a) and (b). R.S., 1985, c. M-5, s. 3; 1992, c. 46, s. 81
Members of Parliament Retiring Allowances Act — M-5 4
Credits to Account 4 (1) There shall be credited to the Retiring Allowances Account (a) the contributions paid under sections 9, 9.1, 11 and 11.1 on or after January 1, 1992 and contributions made under subsections 21(7) and 22(3) of the former Act that are paid on or after that date; (b) the interest paid under sections 11 and 11.1; and (c) the amounts referred to in section 5. Allowances paid out of C.R.F. and charged to Retiring Allowances Account (2) All allowances and other benefits payable under this Part and all supplementary benefits payable in respect of those allowances or benefits under Part IV shall be paid out of the Consolidated Revenue Fund and charged to the Retiring Allowances Account. R.S., 1985, c. M-5, s. 4; 1992, c. 46, s. 81; 2001, c. 20, s. 15; 2012, c. 22, s. 4
Members of Parliament Retiring Allowances Act — M-5 5
Amounts credited to Account 5 (1) The following amounts are required, pursuant to paragraph 4(1)(c), to be credited to the Retiring Allowances Account in each fiscal year: (a) in respect of every month, an amount equal to the total amount estimated by the Minister to be required to provide for the costs of all allowances, supplementary benefits and other benefits that have accrued in respect of that month and that will become chargeable against the Retiring Allowances Account; and (b) an amount representing interest on the balance from time to time to the credit of the Retiring Allowances Account, calculated and credited in accordance with subsection (2). Determination of amount (2) The amount referred to in paragraph (1)(b) is to be credited to the Retiring Allowances Account in respect of each quarter in each fiscal year on the last day of the quarter and is to be determined by multiplying an amount equal to the balance to the credit of the Account on the last day of the preceding quarter by the rate referred to in subsection (3). Rate (3) The rate for the purpose of subsection (2) is the effective quarterly rate derived from the valuation interest rate for the fiscal year that is set out in the most recent valuation report for this Act that is laid before the Senate and the House of Commons under section 9 of the Public Pensions Reporting Act . R.S., 1985, c. M-5, s. 5; 1992, c. 46, s. 81; 2012, c. 22, s. 5
Members of Parliament Retiring Allowances Act — M-5 7
Deficits for service before January 1, 1992 to be estimated 7 (1) The Minister shall estimate the total cost of all allowances and other benefits payable under this Part as of January 1, 1992. Deficits for pensionable service before January 1, 1992 to be amortized (2) There shall be credited to the Retiring Allowances Account, at the time and in the manner determined by the Minister, such amounts as in the opinion of the Minister will, at the end of the prescribed period, together with the amount estimated by the Minister to be to the credit of that Account at that time, meet the total cost estimated pursuant to subsection (1). R.S., 1985, c. M-5, s. 7; 1992, c. 46, s. 81
Members of Parliament Retiring Allowances Act — M-5 8
Amounts to be credited to meet total cost 8 There shall be credited to the Retiring Allowances Account, at the time and in the manner determined by the Minister, an amount that, in the Minister’s opinion, based on actuarial advice, together with the amount estimated by the Minister to be to the credit of that Account at that time, is necessary to meet the total cost of all allowances and other benefits payable under this Part and all supplementary benefits payable under Part IV in respect of those allowances or benefits. R.S., 1985, c. M-5, s. 8; 1992, c. 46, s. 81; 2012, c. 22, s. 7
Members of Parliament Retiring Allowances Act — M-5 8.1
Amounts to be debited 8.1 If the Minister is of the opinion, based on actuarial advice, that the amount estimated by the Minister to be to the credit of the Retiring Allowances Account exceeds the total cost of all allowances and other benefits payable under this Part and all supplementary benefits payable under Part IV in respect of those allowances or benefits, there may be debited from that Account, at the time and in the manner determined by the Minister, an amount specified by the Minister. 2012, c. 22, s. 7