Counting of Service by Former Members of the Senate or House of Commons Regulations, No. 2

Link to law: http://laws-lois.justice.gc.ca/eng/regulations/C.R.C.,_c._1394/FullText.html

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Counting of Service by Former Members of the Senate or House of Commons Regulations, No. 2

C.R.C., c. 1394ROYAL CANADIAN MOUNTED POLICE SUPERANNUATION ACT
FINANCIAL ADMINISTRATION ACT
Regulations Respecting the Counting of Service by Former Members of the Senate or House Of Commons, No. 2Short Title

1 These Regulations may be cited as the Counting of Service by Former Members of the Senate or House of Commons Regulations, No. 2.

Interpretation

2 In these Regulations,

Act
Act means the Royal Canadian Mounted Police Superannuation Act; (Loi)
contributor
contributor means a person who is a contributor under the Act; (contributeur)
Minister
Minister means the Solicitor General of Canada. (ministre)

Election

3 A contributor may elect to count a period of service in respect of which he contributed under the Members of Parliament Retiring Allowances Act as pensionable service for the purposes of Part I of the Act if

(a) he elects to do so in a form prescribed by the Minister; and
(b) in the case of a contributor who is entitled to an allowance under the Members of Parliament Retiring Allowances Act for service in respect of which he made contributions, he surrenders his rights to that allowance.

4 A contributor who makes an election pursuant to section 3 shall, for the purposes of Part I of the Act, be credited with a period of pensionable service equal to the aggregate of

(a) the periods of pensionable service to his credit pursuant to subsection 24(2) of the Members of Parliament Retiring Allowances Act at the same time he ceased to be a member of the Senate or House of Commons; and
(b) the period of pensionable service in respect of which he made contributions under Part I or VI of the Members of Parliament Retiring Allowances Act that has not been counted for the purpose of establishing the periods of pensionable service referred to in paragraph (a).

Medical Examination

5 (1) A contributor who elects within one year of becoming a contributor to count pensionable service pursuant to section 3 shall be medically examined unless he has, during the five-year period immediately prior to the election, been employed without interruption in the Public Service or as a member of the regular force, the Force, the Senate or House of Commons or in any combination of those employments.
(2) A contributor who elects after one year of becoming a contributor to count pensionable service pursuant to section 3 shall be medically examined.
(3) Notwithstanding subsection (1), a contributor who elects to count pensionable service pursuant to section 3 and to whom paragraph 3(b) applies shall be medically examined.

6 (1) Every medical examination required by section 5 shall be undergone by the contributor within such time before or after the making of the election by that contributor as the Minister prescribes.
(2) A report in a form prescribed by the Minister concerning each medical examination undergone in accordance with subsection (1) shall be made to the Minister as soon as possible after the medical examination has been conducted.

7 The election of a contributor who fails to pass a medical examination required by subsection 5(2) or (3) is void.

Payments to the Superannuation Account

8 A contributor who makes an election pursuant to section 3 and to whom paragraph 3(b) applies shall pay

(a) to the Superannuation Account, on the same basis had he continued to pay in accordance with the payment plan he elected under the Members of Parliament Retiring Allowances Act, an amount equal to the amount he had elected to contribute

(i) pursuant to section 7 of that Act minus the amount of contributions he paid pursuant to section 9 of that Act, or
(ii) pursuant to section 19 of that Act minus the amount of contributions he paid pursuant to section 20 of that Act,

as the case may be;

(b) to the Members of Parliament Retiring Allowances Account an amount equal to the amount of any allowance paid to him pursuant to the Members of Parliament Retiring Allowances Act for any period commencing in any month commencing after he has been a contributor under the Act for one year together with simple interest at four per cent per annum; and
(c) to the Supplementary Retirement Benefits Account an amount equal to the amount of any supplementary retirement benefit paid to him pursuant to the Supplementary Retirement Benefits Act in respect of that allowance for any period commencing in any month commencing after he has been a contributor under the Act for one year together with simple interest at four per cent per annum.

9 A contributor who makes an election pursuant to section 3 and to whom paragraph 3(b) does not apply shall pay to the Superannuation Account an amount calculated

(a) in accordance with paragraph 6(1)(e) of the Act, if he elects within one year of becoming a contributor, or from July 18, 1977, whichever is later; or
(b) in accordance with paragraph 6(1)(h) of the Act, if he elects at a later date.

10 Where a contributor makes an election pursuant to section 3, there shall be transferred to the Superannuation Account

(a) all amounts paid by the contributor to the Members of Parliament Retiring Allowances Account less any amount paid to him as a withdrawal allowance under the Members of Parliament Retiring Allowances Act; and
(b) all amounts credited to that Account pursuant to section 4 of that Act in respect of the contributor.

11 Any amount required to be paid by a contributor pursuant to these Regulations other than paragraph 8(a) shall be paid by him

(a) in a lump sum at the time of making the election; or
(b) in instalments computed on such terms as are prescribed by section 8 of the Royal Canadian Mounted Police Superannuation Regulations.