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Royal Canadian Mounted Police Superannuation Regulations (C.R.C., c. 1393)

Regulations are current to 2024-05-28 and last amended on 2016-01-01. Previous Versions

Royal Canadian Mounted Police Superannuation Regulations

C.R.C., c. 1393

FINANCIAL ADMINISTRATION ACT

ROYAL CANADIAN MOUNTED POLICE SUPERANNUATION ACT

Regulations Made Pursuant to the Royal Canadian Mounted Police Superannuation Act

Short Title

 These Regulations may be cited as the Royal Canadian Mounted Police Superannuation Regulations.

Interpretation

 The following definitions apply in these Regulations.

Act

Act means the Royal Canadian Mounted Police Superannuation Act. (Loi)

a(f) Ultimate

a(f) Ultimate and a(f) and a(m) Ultimate Tables means the tables so entitled appearing in the “Mortality of Annuitants 1900-1920” published on behalf of the Institute of Actuaries and The Faculty of Actuaries in Scotland, 1924. (Table a(f) Ultimate et Table a(f) et a(m) Ultimate)

authorized advisor

authorized advisor means a member of the Force, a person employed in the public service or a person whose services were retained by the Minister for the purposes of the Act. (conseiller autorisé)

Commissioner

Commissioner has the same meaning as in subsection 2(1) of the Royal Canadian Mounted Police Act. (commissaire)

valuation day

valuation day means the day on which the transfer value referred to in subsection 12.1(1) of the Act is transferred. (date d’évaluation)

  • SOR/2003-232, s. 1
  • SOR/2012-124, ss. 1, 31

 In these Regulations and in those provisions of the Act that are adapted by these Regulations,

full-time employee

full-time employee means a person who is employed “full-time” within the meaning of subsection 3(2) of the Public Service Superannuation Regulations; (employé à plein temps)

full-time member

full-time member means a member of the Force who is engaged to work the normal number of hours of work per week for members of the Force; (membre à plein temps)

part-time employee

part-time employee has the same meaning as in subsection 3(2) of the Public Service Superannuation Regulations; (employé à temps partiel)

part-time member

part-time member means a member of the Force who is engaged to work on average not fewer than the number of hours of work per week set by subsection 5.2(1), but who is not a full-time member. (membre à temps partiel)

  • SOR/2006-134, s. 1
  •  (1) For the purpose of the definition active service in subsection 3(1) of the Act,

    active service

    active service means full-time service as a member of

    • (a) a component of the naval, army or air forces of Canada while that component was on active service having been placed on active service by the Governor in Council pursuant to the Militia ActFootnote 1, or

    • (b) a component of the naval, army or air forces of Her Majesty other than the forces specified in paragraph (a) while members of that component were subject to service in a theatre of war; (service actif)

    veterans’ hospital

    veterans’ hospital means, with respect to any person, any place where that person underwent on an in-patient basis, or on an out-patient basis with allowances, treatment authorized by the Department of Veterans Affairs, the Department of Pensions and National Health or the Department of Soldiers’ Civil Re-establishment. (hôpital des anciens combattants)

  • (2) For the purposes of paragraphs (b) to (d) of the definition service in the Force in subsection 3(1) of the Act, a “police officer” is any person who is considered to be a police officer for the purposes of paragraph (b) of the definition public safety occupation in subsection 8500(1) of the Income Tax Regulations.

  • SOR/93-219, s. 2
  • SOR/2012-124, s. 2

Members of the Force

 Every member of the Force of a class not holding a rank in the Force other than the Director General of Security and Intelligence is hereby designated to be a member of the Force for the purposes of Part I of the Act.

Service in the Force

  •  (1) and (2) [Repealed, SOR/2012-124, s. 3]

  • (3) For the purposes of paragraph 8(2)(c) of the Act, a period of service of less than 90 days means any period of service in a fiscal year in which the aggregate number of days during which a person has been employed is less than 90, but does not include any period of service that may be counted pursuant to

    • (a) clause 6(b)(ii)(A) of the Act;

    • (b) clause 6(b)(ii)(F) of the Act; or

    • (c) section 24 of the Act, where the service

      • (i) immediately precedes the day on which the member becomes a contributor, or

      • (ii) is part of a continuous period of service of at least 90 days that begins in one fiscal year and ends in the succeeding fiscal year.

  • SOR/93-219, s. 2
  • SOR/2001-130, s. 2(F)
  • SOR/2012-124, s. 3
  •  (1) Despite section 5 of the Act, a person who attains 71 years of age after October 30, 1998 is not required to contribute to the Royal Canadian Mounted Police Pension Fund in respect of any period of service in the Force after December 31 of the year in which that person attains that age.

  • (2) Despite section 6 of the Act, the person shall not count as pensionable service any service after the day on which they cease to be required to contribute to the Royal Canadian Mounted Police Pension Fund and shall not elect, after that day, to count any period of service as pensionable service.

  • (3) In respect of the person, paragraph 39(3)(a) of the Act is adapted as follows:

    • (a) the retirement month of a recipient, other than a person referred to in paragraph (b), is the month in which the recipient ceases to be required to contribute to the Royal Canadian Mounted Police Pension Fund and the retirement year is the year in which that month falls; and

  • SOR/98-531, s. 1
  • SOR/2013-125, s. 11

Part-time Members

Number of Hours per Week

  •  (1) For the purposes of subsection 5(6) of the Act, the number of hours per week is 12.

  • (2) For the purposes of clauses 6(b)(ii)(M) and (N) of the Act, the number of hours per week is that set out in the definition part-time employee in subsection 3(2) of the Public Service Superannuation Regulations.

  • SOR/2006-134, s. 2
  • SOR/2013-125, s. 12

Weekly Average of the Hours of Work

 For the purposes of the definition part-time member in section 2.1, and of sections 5.4, 5.8, 5.92 and 17.3, the weekly average of the hours of work for which a part-time member is engaged is

  • (a) if the member is engaged to work the same number of hours each week, the total of those hours; or

  • (b) if the member is not engaged to work the same number of hours each week, and

    • (i) if the member works according to a regular work cycle, the total number of the assigned hours of work during the work cycle divided by the number of weeks in the cycle, or

    • (ii) if the member does not work according to a regular work cycle, the total number of assigned hours of work during a 13 week period divided by 13.

  • SOR/2006-134, s. 2

Pay of a Part-time Member

 For the purposes of these Regulations and Part I of the Act, the pay of a part-time member is the pay authorized to be paid to the member in respect of the weekly average of the hours of work for which the member is engaged.

  • SOR/2006-134, s. 2

Right to Elect for Part of a Period of Service

 In respect of a contributor who has been a part-time member or a part-time employee, subsection 8(3) of the Act is adapted as follows:

  • (3) A contributor who has been a part-time member or a part-time employee and who is entitled to count a period of service as pensionable service under paragraph 6(b) or section 24, except the contributor who makes the election referred to in subsection 24(5), is entitled to elect to pay

    • (a) for any part of that period during which the contributor was a part-time member or part-time employee; and

    • (b) for any part of that period during which the contributor was a full-time member or full-time employee, starting with the most recent part.

  • SOR/2006-134, s. 2

Costing of Elective Service

Service in the Canadian Forces, the Force and the Public Service

  •  (1) In respect of a contributor who makes an election under clause 6(b)(ii)(C), (D), (E) or (G) of the Act, if the contributor was a part-time member on the most recent occasion on which the contributor became a contributor, the portion of paragraph 7(1)(e) of the Act before subparagraph (i) is adapted as follows:

    • (e) in respect of any period specified in clause 6(b)(ii)(C), (D), (E) or (G), if the contributor was a part-time member on the most recent occasion on which the contributor became a contributor, the amount that the contributor would have been required to contribute had the contributor, during that period, been required to contribute

  • (2) In respect of the same contributor, the portion of paragraph 7(1)(e) of the Act after subparagraph (vi) is adapted as follows:

    in respect of pay equal to the pay that would have been authorized to be paid to the contributor if the contributor had been a full-time member on that occasion, or the pay determined in accordance with section 5.92 of the Royal Canadian Mounted Police Superannuation Regulations if the contributor was then engaged to work concurrently in more than one position, in each case together with interest;

  • SOR/2006-134, s. 2
  • SOR/2013-125, s. 13

 The amount to be paid under subsection 7(1) of the Act, by the contributor who makes an election under clause 6(b)(ii)(N) of the Act, shall be calculated at the rates referred to in subparagraphs 7(1)(e)(i) to (vi) of the Act in respect of pay determined by the formula

A x B

where

A
is
  • (a) if the contributor was a full-time member on the most recent occasion on which the contributor became a contributor, the pay authorized to be paid to the contributor on that occasion, or

  • (b) if the contributor was then a part-time member, the pay that would have been authorized to be paid to the contributor if the contributor had been a full-time member on that occasion, or, if the contributor was then engaged to work concurrently in more than one position, the pay determined in accordance with section 5.92; and

B
is the aggregate of the amounts determined for each position in which the contributor was engaged as a part-time employee during the period of service or part of the period of service by the formula

C/D

where

C
is the average number of hours per week, determined in accordance with section 6.2 of the Public Service Superannuation Regulations, for which the contributor was engaged to work, and
D
is the number of hours of work per week for full-time employees.
  • SOR/2006-134, s. 2
  • SOR/2013-125, s. 53

Election for Period of Leave of Absence Without Pay

[
  • SOR/2013-125, s. 52(E)
]

 Despite section 10.8, the amount to be paid under subsection 7(1) of the Act, by a contributor who makes an election under clause 6(b)(ii)(K) of the Act, and who was a part-time member during the period of service or part of the period of service or on the day of the election, shall be the amount that the contributor would have been required to pay under paragraph 10(1)(b), calculated in respect of pay determined by the formula

A x B

where

A
is
  • (a) if the contributor was a full-time member on the day of the election, the pay authorized to be paid to the contributor at that time, or

  • (b) if the contributor was then a part-time member, the pay that would have been authorized to be paid to the contributor if the contributor had been a full-time member at that time, or, if the contributor was then engaged to work concurrently in more than one position, the pay determined in accordance with section 5.92; and

B
is the aggregate of the amounts determined for each position in which the contributor was engaged during the period of service or part of the period of service by the formula

C/D

where

C
is the weekly average of the hours of work for which the contributor was engaged, and
D
is the normal number of hours of work per week for full-time members.
  • SOR/2006-134, s. 2

Election After the Time Prescribed

 In respect of a contributor who makes an election under clause 6(b)(ii)(J) of the Act, and who was a part-time member during the period of service or part of the period of service or on the day of the election, paragraph 7(1)(h) of the Act is adapted as follows:

  • (h) in respect of any period referred to in clause 6(b)(ii)(J), if the contributor was a part-time member during the period of service or part of the period of service or on the day of the election and despite anything in this subsection, the amount that the contributor would have been required to pay, together with interest, if the contributor had elected within the time prescribed, calculated in respect of pay determined by the formula

    A x B

    where

    A
    is
    • (i) if the contributor was a full-time member on the day of the election, the pay authorized to be paid to the contributor at that time, or

    • (ii) if the contributor was then a part-time member, the pay that would have been authorized to be paid to the contributor if the contributor had been a full-time member at that time, or, if the contributor was then engaged to work concurrently in more than one position, the pay determined in accordance with section 5.92 of the Royal Canadian Mounted Police Superannuation Regulations, and

    B
    is the aggregate of the amounts determined for each position in which the contributor was engaged during the period of service or part of the period of service by the formula

    C/D

    where

    C
    is the weekly average of the hours of work, determined in accordance with section 5.3 of those Regulations, for which the contributor was engaged, and
    D
    is the normal number of hours of work per week for full-time members; and
  • SOR/2006-134, s. 2

Transitional Provision for Part-time Public Service

 The amount to be paid under subsection 7(1) of the Act by the contributor who makes an election under clause 6(b)(ii)(M) of the Act, as enacted by subsection 172(4) of the Public Sector Pension Investment Board Act, being chapter 34 of the Statutes of Canada, 1999, shall be calculated at the rates referred to in subparagraphs 7(1)(e)(i) to (vi) of the Act in respect of pay determined by the formula

A x B

where

A
is
  • (a) if the contributor was a full-time member on the day before the day on which that clause comes into force, the pay authorized to be paid to the contributor at that time, or

  • (b) if the contributor was then a part-time member, the pay that would have been authorized to be paid to the contributor if the contributor had been a full-time member at that time, or, if the contributor was then engaged to work concurrently in more than one position, the pay determined in accordance with section 5.92; and

B
is the aggregate of the amounts determined, for each position in which the contributor was engaged as a part-time employee during the period of service or part of the period of service, by the formula

C/D

where

C
is the average number of hours per week, determined in accordance with section 6.2 of the Public Service Superannuation Regulations, for which the contributor was engaged to work, and
D
is the number of hours of work per week for full-time employees.
  • SOR/2006-134, s. 2
  • SOR/2013-125, s. 53
 

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