An Act to amend the Members of Parliament Retiring Allowances Act and the Parliament of Canada Act

Link to law: http://laws-lois.justice.gc.ca/eng/AnnualStatutes/2003_16/FullText.html

An Act to amend the Members of Parliament Retiring Allowances Act and the Parliament of Canada Act

S.C. 2003, c. 16

Assented to 2003-06-19

An Act to amend the Members of Parliament Retiring Allowances Act and the Parliament of Canada Act

SUMMARY

This enactment amends the Members of Parliament Retiring Allowances Act to set out the cost of elective service for members of the House of Commons and Senators who make an election after January 1, 2001 in respect of past service. There are also some technical amendments to that Act.

This enactment also amends the Parliament of Canada Act to provide salaries to Chairs and Vice-Chairs of Special Committees.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

R.S., c. M-5 MEMBERS OF PARLIAMENT RETIRING ALLOWANCES ACT

Marginal note:2001, c. 20, s. 16(2)

1. Paragraph 9(2)(a) of the Members of Parliament Retiring Allowances Act is replaced by the following:

(a) not to contribute under this subsection and has also elected not to contribute under subsection 31(4) or (5); or

Marginal note:2001, c. 20, s. 18(1)

2. (1) Paragraph 12(1)(b) of the Act is replaced by the following:

(b) subject to subsection (2), in respect of any amount payable to the member by way of sessional indemnity, after the aggregate of the products obtained by multiplying the number of years of pensionable service to the member’s credit by the multipliers set out in subsection 16(1) and, as applicable, subsection 36(2) or (6) equals 0.75; or

Marginal note:2001, c. 20, s. 18(2)

(2) Subsection 12(2) of the Act is replaced by the following:

Marginal note:Exception for 1%

(2) Commencing on January 1, 2001, a member shall, by reservation from the sessional indemnity payable to the member, continue to contribute under this Part 1% of that portion of the sessional indemnity that does not exceed the member’s earnings limit for the calendar year, after the aggregate of the products obtained by multiplying the number of years of pensionable service to the member’s credit by the multipliers set out in subsection 16(1) and, as applicable, subsection 36(2) or (6) equals 0.75.

Marginal note:2001, c. 20, s. 19

3. Subsection 17(4.1) of the Act is replaced by the following:

Marginal note:Exception

(4.1) Subsection (4), as it read immediately before July 12, 2001, applies in respect of a period of pensionable service to a member’s credit pursuant to an election referred to in subsection 36(10).

Marginal note:2001, c. 20, s. 21

4. (1) The portion of subsection 31(4) of the Act before paragraph (a) is replaced by the following:

Marginal note:Additional contribution — members under 69 who reach maximum accrual

(4) A member to whom paragraph 12(1)(b) applies, who has not reached 69 years of age and who is in receipt of a salary or annual allowance shall, commencing on January 1, 2001 — unless the member elects not to contribute under this subsection and has also elected not to contribute under subsection 9(2) — by reservation from that salary or annual allowance, contribute to the Compensation Arrangements Account an amount equal to

(2) Section 31 of the Act is amended by adding the following after subsection (4):

Marginal note:Additional contribution — members 69 or over who reach maximum accrual

(5) A member to whom paragraph 12(1)(b) applies, who has reached 69 years of age and who is in receipt of a salary or annual allowance shall, commencing on January 1, 2001 — unless the member elects not to contribute under this subsection — by reservation from that salary or annual allowance, contribute to the Compensation Arrangements Account an amount equal to 7% of that salary or annual allowance.

5. (1) Subsection 33(1) of the Act is amended by adding the following after paragraph (a.1):

(a.2) in the case of a member who, on or after January 1, 2001, makes an election under subsection 32(1) in respect of amounts paid as a member of the House of Commons and whose sessional indemnity in respect of the session exceeds his or her earnings limit for the calendar year,

(i) if the member has not reached 69 years of age at the time of the election,

(A) a contribution equal to the total of 4% of that portion of the sessional indemnity that exceeds the earnings limit and 3% of the sessional indemnity, and

(B) a contribution equal to 7% of the total of his or her salary and annual allowance, if the member elects to contribute in respect of those amounts, and

(ii) if the member has reached 69 years of age at the time of the election,

(A) a contribution equal to 7% of the sessional indemnity, and

(B) a contribution equal to 7% of the total of his or her salary and annual allowance, if the member elects to contribute in respect of those amounts;

(a.3) in the case of a member who, on or after January 1, 2001, makes an election under subsection 32(1) in respect of amounts paid as a member of the House of Commons and whose sessional indemnity in respect of the session does not exceed his or her earnings limit for the calendar year,

(i) if the member has not reached 69 years of age at the time of the election, a contribution equal to 3% of the sessional indemnity, or 7% if he or she has reached that age, and

(ii) if the member received any salary or annual allowance in respect of the session and elected to contribute in respect of those amounts,

(A) if the member has not reached 69 years of age at the time of the election, a contribution equal to

(I) 3% of the portion of the salary or annual allowance that, in combination with the sessional indemnity, does not exceed the earnings limit, and

(II) 7% of the portion of the salary or annual allowance that, in combination with the sessional indemnity, exceeds the earnings limit, and

(B) if the member has reached 69 years of age at the time of the election, a contribution equal to 7% of his or her salary or annual allowance;

(2) Paragraph 33(1)(b) of the Act is amended by striking out the word “and” at the end of subparagraphs (ii) and (iii) and by adding the following after subparagraph (iii):

(iv) if the election was made on or after January 1, 2001 and the sessional indemnity paid in respect of the session exceeds his or her earnings limit for the calendar year,

(A) if the member makes the election before reaching 69 years of age,

(I) a contribution equal to the total of 4% of the portion of the sessional indemnity that exceeds the earnings limit and 3% of the sessional indemnity, and

(II) a contribution equal to 7% of the total of his or her salary and annual allowance, if the member elects to contribute in respect of those amounts, and

(B) if the member has reached 69 years of age at the time of the election,

(I) a contribution equal to 7% of the sessional indemnity, and

(II) a contribution equal to 7% of the total of his or her salary and annual allowance, if the member elects to contribute in respect of those amounts, and

(v) if the election was made on or after January 1, 2001 and the sessional indemnity paid in respect of the session does not exceed his or her earnings limit for the calendar year,

(A) if the member makes the election before reaching 69 years of age,

(I) a contribution equal to 3% of the sessional indemnity, and

(II) if the member elects to contribute in respect of any salary or annual allowance, a contribution equal to 3% of the portion of salary or annual allowance that, in combination with the sessional indemnity, does not exceed the earnings limit and a contribution equal to 7% of the portion that, in combination with the sessional indemnity, exceeds the earnings limit, and

(B) if the member makes the election after reaching 69 years of age,

(I) a contribution equal to 7% of the sessional indemnity, and

(II) a contribution equal to 7% of the total of his or her salary and annual allowance, if the member elects to contribute in respect of those amounts; and

Marginal note:2001, c. 20, s. 23(6)

(3) Subsection 33(4) of the Act is replaced by the following:

Marginal note:Earnings limit for part of year

(4) For the purpose of subsection (1), if the person was not a member during the whole of a calendar year, the earnings limit for that calendar year is determined by multiplying the member’s earnings limit for the calendar year by the ratio that the part of the calendar year during which the person was a member is to the whole calendar year.

Marginal note:2001, c. 20, s. 24(1)

6. (1) Paragraph 34(1)(b) of the Act is replaced by the following:

(b) subject to subsections (2) and (2.1), in respect of any amount payable to the member by way of sessional indemnity after the aggregate of the products obtained by multiplying the number of years of pensionable service to the member’s credit by the multipliers set out in subsection 16(1) and, as applicable, subsection 36(2) or (6) equals 0.75.

Marginal note:2001, c. 20, s. 24(2)

(2) Subsection 34(2) of the Act is replaced by the following:

Marginal note:Exception — 69 years old

(2) Commencing on January 1, 2001, a member who has reached 69 years of age shall, by reservation from the sessional indemnity payable to that member, continue to contribute under this Part 1% of the amount payable to the member by way of sessional indemnity after the aggregate of the products obtained by multiplying the number of years of pensionable service to the member’s credit by the multipliers set out in subsection 16(1) and, as applicable, subsection 36(2) or (6) equals 0.75.

Marginal note:1992, c. 46, s. 81; 1995, c. 30, s. 9; 2001, c. 20, s. 25

7. Section 36 of the Act is replaced by the following:

Marginal note:Compensation allowance

36. (1) Subject to sections 58 and 59, a compensation allowance determined in accordance with this section shall be paid to a person during his or her lifetime in respect of contributions made under this Part, other than those made in respect of salary or annual allowance and those made under subsection 34(2) or (2.1), if the person

(a) ceases to be a member on or after January 1, 1992; and

(b) contributed or elected to contribute under this Part, or Part I or III of the former Act, for at least six years.

Marginal note:Amount payable to former members of House of Commons

(2) The compensation allowance payable under this section in respect of contributions made as a member of the House of Commons is an amount equal to the aggregate of

(a) the person’s average annual sessional indemnity multiplied by, subject to subsection (3), the number of years or portions of years of pensionable service calculated for the purpose of paragraph 16(1)(b) in accordance with subsections 16(5) and (6), multiplied by

(i) if the person has not reached 60 years of age,

(A) 0.05 for the years or portions of years of pensionable service calculated by reference to contributions made, or in respect of which an election was made, on or after January 1, 1992 and before July 13, 1995,

(B) 0.04 for the years or portions of years of pensionable service calculated by reference to contributions made — or in respect of which an election was made — on or after July 13, 1995 and before January 1, 2001, other than those made pursuant to an election referred to in clause (A), and

(C) 0.03 for the years or portions of years of pensionable service calculated by reference to contributions made — or in respect of which an election was made — on or after January 1, 2001, other than those made pursuant to an election referred to in clause (A) or (B),

(ii) subject to subparagraphs (iii) and (iv), if the person has reached 60 years of age,

(A) 0.03 for the years or portions of years of pensionable service calculated by reference to contributions made, or in respect of which an election was made, on or after January 1, 1992 and before July 13, 1995,

(B) 0.02 for the years or portions of years of pensionable service calculated by reference to contributions made — or in respect of which an election was made — on or after July 13, 1995 and before January 1, 2001, other than those made pursuant to an election referred to in clause (A), and

(C) 0.01 for the years or portions of years of pensionable service calculated by reference to contributions made — or in respect of which an election was made — on or after January 1, 2001, other than those made pursuant to an election referred to in clause (A) or (B),

(iii) if the person contributed after he or she reached 71 years of age,

(A) 0.05 for the years or portions of years of pensionable service calculated by reference to contributions made — or in respect of which an election was made — during the period commencing on the later of the 71st birthday and January 1, 1992 and ending on July 12, 1995, and

(B) 0.04 for the years or portions of years of pensionable service calculated by reference to contributions made — or in respect of which an election was made — during the period commencing on the later of the 71st birthday and July 13, 1995 and ending on December 31, 2000, other than those made pursuant to an election referred to in clause (A), and

(iv) if the person contributed after he or she reached 69 years of age, 0.03 for the years or portions of years of pensionable service calculated by reference to contributions made — or in respect of which an election was made — on or after the later of the 69th birthday and January 1, 2001, other than those made pursuant to an election referred to in subparagraph (iii), and

(b) the person’s average annual sessional indemnity multiplied by the number of years of pensionable service calculated in accordance with subsection (4), multiplied by 0.03 for the years or portions of years of pensionable service calculated by reference to contributions made on or after January 1, 2001, other than those made pursuant to an election made before that date.

Marginal note:Years of service — subparagraph (2)(a)(iii)

(3) For the purpose of subparagraph (2)(a)(iii), a person, on ceasing to be a member, is deemed to have one year of pensionable service to his or her credit for

(a) each amount, equal to 11% of the sessional indemnity payable to a member of the House of Commons during any calendar year, that the person has — during that calendar year and before July 13, 1995 — contributed or elected to contribute under section 31 or 33, as those sections read immediately before that date, other than amounts contributed in respect of salary or annual allowance or as interest; and

(b) each amount, equal to 9% of the sessional indemnity payable to a member of the House of Commons during any calendar year, that the person has — during that calendar year and on or after July 13, 1995 and before January 1, 2001 — contributed or elected to contribute under section 31 or 33, as those sections read immediately before January 1, 2001, other than amounts contributed in respect of salary or annual allowance or as interest.

Marginal note:Years of service — paragraph (2)(b) or (6)(b)

(4) For the purpose of paragraph (2)(b) or (6)(b), a person, on ceasing to be a member, is deemed to have one year of pensionable service to his or her credit for each amount — equal to 7% of the sessional indemnity payable to a member of the Senate or House of Commons, as the case may be, during a calendar year — that, on or after January 1, 2001, he or she contributed or elected to contribute under subsection 31(1) or 33(1) in respect of sessional indemnity that exceeded his or her earnings limit for the calendar year.

Marginal note:Application of subsections (3), (4) and (7)

(5) In the application of subsections (3), (4) and (7), the deeming provision of subsection 16(6) in relation to a portion of a year’s pensionable service shall apply, with any modifications that the circumstances require.

Marginal note:Amount payable to former members of Senate

(6) The compensation allowance payable under this section in respect of contributions made as a member of the Senate is an amount equal to the aggregate of

(a) the person’s average annual sessional indemnity multiplied by, subject to subsection (7), the number of years or portions of years of pensionable service calculated for the purpose of paragraph 16(1)(b) in accordance with subsections 16(5) and (6), multiplied by

(i) if the person has not reached 60 years of age, 0.03,

(ii) subject to subparagraph (iii), if the person has reached 60 years of age, 0.01, and

(iii) if the person contributed after he or she reached 69 years of age, 0.03 for the years or portions of years of pensionable service calculated by reference to contributions made on or after the 69th birthday — or in respect of which an election was made on or after that date — other than those made pursuant to an election made before that birthday, and

(b) the person’s average annual sessional indemnity multiplied by the number of years of pensionable service calculated in accordance with subsection (4), multiplied by 0.03 for the years or portions of years of pensionable service calculated by reference to contributions made on or after January 1, 2001, other than those made pursuant to an election made before that date.

Marginal note:Years of service — subparagraph (6)(a)(iii)

(7) For the purpose of subparagraph (6)(a)(iii), a person, on ceasing to be a member, is deemed to have one year of pensionable service to his or her credit for each amount — equal to 7% of the sessional indemnity payable to a member of the Senate during any calendar year — that, during that calendar year and before January 1, 2001, he or she contributed or elected to contribute under section 31 or 33, as those sections read immediately before that date, other than amounts contributed in respect of salary or annual allowance or as interest.

Marginal note:Special case — before January 1, 2001

(8) For the purposes of calculating the compensation allowance payable under subsection (1) to a person who, on or after July 13, 1995 and before January 1, 2001, elected to contribute under this Part in respect of any session or part of a session before January 1, 2001, the multipliers referred to in paragraph (2)(a) shall, in lieu of the numbers set out in that paragraph, be

(a) if the person has not reached 60 years of age, 0.04;

(b) subject to paragraph (c), if the person has reached 60 years of age, 0.02; and

(c) if the person contributed after he or she reached 71 years of age, 0.04 for the years or portions of years of pensionable service calculated by reference to contributions made on or after the 71st birthday, other than those made pursuant to an election made before that birthday.

Marginal note:Special case — on or after January 1, 2001

(9) For the purposes of calculating the compensation allowance payable under subsection (1) to a person who, on or after January 1, 2001, elected to contribute under this Part in respect of any session or part of a session before that date, the multipliers referred to in paragraph (2)(a) shall, in lieu of the numbers set out in that paragraph, be

(a) if the person has not reached 60 years of age, 0.03;

(b) subject to paragraph (c), if the person has reached 60 years of age, 0.01; and

(c) if the person contributed after he or she reached 69 years of age, 0.03 for the years or portions of years of pensionable service calculated by reference to contributions made on or after the 69th birthday, other than those made pursuant to an election made before that birthday.

Marginal note:Exception

(10) Clauses (2)(a)(i)(B), (ii)(B) and (iii)(B) and subsection (8) apply — instead of clauses (2)(a)(i)(C) and (ii)(C), subparagraph (2)(a)(iv) and subsection (9) — in respect of a period of pensionable service to a member’s credit pursuant to an election made under subsection 10(1) or 32(1), on or after November 27, 2000 and before November 27, 2001, or under subsection 10(1.1) or 32(1.1).

Marginal note:2001, c. 20, s. 26(2)

8. Paragraph 37(3)(c) of the Act is replaced by the following:

(c) each amount, equal to 7% of the sessional indemnity payable to the person as a member of the Senate or House of Commons, as the case may be, during any calendar year, that the person has, on or after January 1, 2001, contributed or elected to contribute under subsection 31(3), paragraph 31(4)(b) or subsection 31(5) or 33(1), other than amounts paid under subsection 33(1) in respect of sessional indemnity or as interest.

Marginal note:2001, c. 20, s. 28

9. Paragraph 64(1)(l.1) of the Act is repealed.

R.S., c. P-1 PARLIAMENT OF CANADA ACT

Marginal note:2001, c. 20, s. 4

10. (1) The portion of section 60 of the Parliament of Canada Act before paragraph (a) is replaced by the following:

Marginal note:Presiding officers

60. There shall be paid to the following members of the Senate or House of Commons annual salaries equal to the remuneration reference amount referred to in section 54.1 multiplied by the following percentages:

Marginal note:2001, c. 20, s. 4

(2) Paragraphs 60(g) and (h) of the Act are replaced by the following:

(g) any member — except one who receives a salary under the Salaries Act — occupying the position of Chair of a Standing or Special Committee of the Senate or House of Commons or a Standing or Special Joint Committee, other than the Liaison Committee of the House of Commons and the Standing Joint Committee on the Library of Parliament, 3.6%; and

(h) any member — except one who receives a salary under the Salaries Act — occupying the position of Vice-Chair of a Standing or Special Committee of the Senate or House of Commons or a Standing or Special Joint Committee, other than the Liaison Committee of the House of Commons and the Standing Joint Committee on the Library of Parliament, 1.9%.

Marginal note:2001, c. 20, s. 9

11. Section 67 of the Act is replaced by the following:

Marginal note:Adjustment of certain salaries and allowances

67. The salaries and allowances payable to members of the Senate or House of Commons under subsection 55(12) and sections 60 to 62 of this Act and section 4 of the Salaries Act shall be rounded down to the nearest hundred dollars.

Marginal note:2001, c. 20, s. 11

12. The portion of subsection 71.1(1) of the Act before paragraph (a) is replaced by the following:

Marginal note:Entitlement

71.1 (1) A member of the Senate or the House of Commons who resigns by reason of disability may elect to receive an annual disability allowance equal to 70% of their annual salaries and allowances under subsection 55(12) and sections 60 to 62 of this Act and section 4 of the Salaries Act on the day of resignation if, at the time of their resignation, the member

COMING INTO FORCE

Marginal note:Deemed in force

13. (1) Sections 1 to 9 are deemed to have come into force on January 1, 2001.

Marginal note:Order

(2) Sections 10 to 12 come into force on a day or days to be fixed by order of the Governor in Council.
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