Members of Parliament Retiring Allowances Act

An Act to provide retiring allowances on a contributory basis to persons who have served as Members of Parliament

Canada (Federal)· M-5· 764 sections· current to 2022-07-26In force

See how this Act changed View amendment graph Official consolidated text

Policy areas

Democratic Institutions & Elections Finance & Taxation Social Services & Income Support

Bills that amended this Act0

No published amendment links yet for this Act.

Sections766

1Short title
This Act may be cited as the Members of Parliament Retiring Allowances Act.
2Definitions
2(1)
The following definitions apply in this Act.
2(1)[p3]
annual allowance means an annual allowance payable to a member under section 62, 62.3 or 62.4 of the Parliament of Canada Act or payable to a member under an appropriation Act as Deputy Chair or Assistant Deputy Chair of a committee. (indemnité annuelle)
2(1)[p4]
average annual pensionable earnings, with respect to any member, means the average annual pensionable earnings received as a member during any five-year period of pensionable service selected by or on behalf of the member, or during any period so selected consisting of consecutive periods of pensionable service totalling five years. (moyenne annuelle des gains ouvrant droit à pension)
2(1)[p5]
average annual sessional indemnity, with respect to any member, means the average annual sessional indemnity received as a member during any five year period of pensionable service selected by or on behalf of the member, or during any period so selected consisting of consecutive periods of pensionable service totalling five years. (moyenne annuelle de l’indemnité de session)
2(1)[p6]
average maximum pensionable earnings, with respect to any former member, means the average of the Year’s Maximum Pensionable Earnings, as defined in subsection 2(1) of the Canada Pension Plan, for the earlier of the years referred to in paragraphs (a) and (b), and for each of the four years preceding that earlier year,
2(1)[p6](a)
the year in which the former member ceased to be a member, and
2(1)[p6](b)
the year in which the former member becomes entitled to receive a retirement pension under the Canada Pension Plan or under a similar provincial pension plan. (moyenne des maximums des gains ouvrant droit à pension)
2(1)[p9]
Chief Actuary means the Chief Actuary of the Office of the Superintendent of Financial Institutions. (actuaire en chef)
2(1)[p10]
child means a child or stepchild of — or an individual adopted either legally or in fact by — a member or former member who
2(1)[p10](a)
is less than eighteen years of age, or
2(1)[p10](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)
2(1)[p13]
Compensation Arrangements Account means the Members of Parliament Retirement Compensation Arrangements Account established by section 27. (compte de convention)
2(1)[p14]
defined benefit limit means
2(1)[p14](a)
in respect of a calendar year before 1995, $1,722.22, and
2(1)[p14](b)
in respect of the 1995 calendar year and any subsequent calendar year, the amount prescribed. (plafond des prestations déterminées)
2(1)[p17]
earnings limit, in relation to a member in respect of one or more sessions in any calendar year, means
2(1)[p17](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
2(1)[p17](b)
for 2016 and subsequent calendar years, the amount determined by the following formula, rounded to the next highest multiple of $100: 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, is the number fixed by the Chief Actuary under subsection (6), and 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)
2(1)[p20]
former Act means this Act as it read on December 31, 1991. (version antérieure)
2(1)[p21]Repealed
joint and survivor benefit[Repealed, 2000, c. 12, s. 176]
2(1)[p22]
member means a member of the Senate or House of Commons. (parlementaire)
2(1)[p23]
Minister means the President of the Treasury Board. (ministre)
2(1)[p24]
pensionable earnings, with respect to any member in respect of any calendar year, means the aggregate of
2(1)[p24](a)
his or her sessional indemnity for the year,
2(1)[p24](b)
any annual allowance payable to him or her in respect of the year, and
2(1)[p24](c)
any salary payable to the member in respect of the year. (gains ouvrant droit à pension)
2(1)[p28]
prescribed means prescribed by regulation. (Version anglaise seulement)
2(1)[p29]
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)
2(1)[p30]
Retiring Allowances Account means the Members of Parliament Retiring Allowances Account continued by section 3. (compte d’allocations)
2(1)[p31]
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)
2(1)[p32]
session means a session of Parliament. (session)
2(1)[p33]
sessional indemnity means
2(1)[p33](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,
2(1)[p33](b)
in relation to a period after October 7, 1970 and before July 8, 1974,
2(1)[p33](b)(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
2(1)[p33](b)(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
2(1)[p33](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)
2(1)[p39]
survivor, in relation to a member or former member, means
2(1)[p39](a)
a person who was married
2(1)[p39](a)(i)
in the case of a member or former member, to the member or former member immediately before his or her death, and
2(1)[p39](a)(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
2(1)[p39](b)
a person who establishes that the person was cohabiting in a relationship of a conjugal nature
2(1)[p39](b)(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
2(1)[p39](b)(ii)
in the case of a former member, with the former member before he or she ceased to be a member. (survivant)
2(2)Calculation of average annual sessional indemnity
For the purposes of calculating a member’s average annual sessional indemnity, any period during which he or she is, by virtue of paragraph 12(1)(b) or (c) or 34(1)(b), as it read immediately before January 1, 2013, prohibited from contributing in respect of the sessional indemnity payable to him or her is deemed to be a period of pensionable service to the member’s credit.
2(2.1)Calculation of average annual sessional indemnity
For the purposes of calculating a member’s average annual sessional indemnity, any period during which he or she is required to make contributions under subsection 12(2) or would be required to contribute under that subsection if he or she were under 71 years of age is deemed to be a period of pensionable service to the member’s credit.
2(2.2)Calculation of average annual pensionable earnings
For the purposes of calculating a member’s average annual pensionable earnings, any period during which he or she is required to make contributions under subsection 12(2.1) or would be required to contribute under that subsection if he or she were under 71 years of age is deemed to be a period of pensionable service to the member’s credit.
2(3)Application of Parts I to V to members of Senate
For the purposes of Parts I to V, except section 58, a member of the Senate or a Senator means a person who was summoned to the Senate after June 1, 1965.
2(4)Ceasing to be member
For the purposes of this Act,
2(4)(a)
a person does not cease to be a member of the House of Commons by reason only of a dissolution of the House of Commons; and
2(4)(b)
a person who, immediately before a dissolution of the House of Commons, was a member of that House ceases to be a member on the day on which the general election next following the dissolution is held, unless that person is
2(4)(b)(i)
summoned to the Senate before that general election, or
2(4)(b)(ii)
elected as a member at that general election.
2(5)When allowances payable
For greater certainty, every allowance, other than a withdrawal allowance, payable to a person under this Act is an annuity that begins to be payable to the person immediately on that person becoming entitled to the allowance.
2(6)Power to fix number
The Chief Actuary may, taking into account the percentage fixed for the purposes of subsection 17.1(2), fix a number for the purpose of the description of B in paragraph (b) of the definition earnings limit in subsection (1).
2.1Continuing 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.
2.1(2)Coming under Act
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.
2.1(3)Exception
Subsection (2) does not apply to a person who was entitled to make an election under subsection (1) and did not do so.
2.1(4)Irrevocable
An election under this section is irrevocable.
2.1(5)Deemed election
For the purposes of this Act,
2.1(5)(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
2.1(5)(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.
2.2Application of Act to members making election
This Act continues to apply to a member who makes an election under section 2.1.
2.3Application 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.
2.3(2)Withdrawal allowance
There shall be paid to a member referred to in subsection (1) a withdrawal allowance, in a lump sum, equal to the aggregate of
2.3(2)(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
2.3(2)(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.
2.3(3)Reduction
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.
2.3(4)Interest
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”.
2.4Application 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.
2.4(2)Repealed
[Repealed, 1998, c. 23, s. 9]
2.5Application 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.
2.5(2)Presumption
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.
2.6Election 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.
2.6(2)Application
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.
2.6(3)Irrevocable
An election under subsection (1) is irrevocable.
2.6(4)Application of Act deemed to be continuous
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.
2.6(5)Repayment of withdrawal allowance and payment of contributions
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
2.6(5)(a)
the withdrawal allowance paid to the member under subsection 2.3(2);
2.6(5)(b)
any interest on the withdrawal allowance paid to the member under subsection 2.3(4); and
2.6(5)(c)
the contributions that the member would have made had the Act not ceased to apply to the member.
2.6(6)Crediting to accounts
The amount paid under subsection (5) shall be credited to the Retiring Allowances Account and the Compensation Arrangements Account in the appropriate amounts.
2.6(7)Deemed contributions
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.
2.6(8)Non-payment cancels election
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.
2.7Obligation 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.
2.7(2)No distinguishing based on House membership
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.
2.7(3)Repealed
[Repealed, 2015, c. 36, s. 94]
2.7(4)Contribution rate for purpose of paragraph 31.1(1)(a) — 2013 to 2015
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%.
2.7(5)Contribution rates for purpose of paragraph 31.1(1)(b) — 2013 to 2015
Despite subsection (1), the applicable contribution rates for the purpose of paragraph 31.1(1)(b) for the calendar years 2013 to 2015 are
2.7(5)(a)
for 2013, 4%;
2.7(5)(b)
for 2014, 5%; and
2.7(5)(c)
for 2015, 6%.
2.7(6)Contribution rates for purpose of paragraphs 31.1(1)(c) and (2)(a) and (b) — 2013 to 2015
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
2.7(6)(a)
for 2013, 8%;
2.7(6)(b)
for 2014, 9%; and
2.7(6)(c)
for 2015, 10%.
2.7(7)Contribution rate for certain members — 2013 to 2015
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.
2.7(8)Contribution rates for certain members — 2013 to 2015
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
2.7(8)(a)
for 2013, 4%;
2.7(8)(b)
for 2014, 5%; and
2.7(8)(c)
for 2015, 6%.
2.7(9)Contribution rate for certain members — 2013 to 2015
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%.
2.7(10)Publication of rates
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.
2.8Objective
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.
2.9Exclusion — pensionable service
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.
2.91Effect of suspension
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.
2.92No 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.
2.92(2)Subsections 10(1) and 32(1)
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).
2.92(3)No election — period of suspension
No election shall be made under this Act in respect of any period referred to in section 2.9.
3Members 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.
3(2)Prime Minister’s contributions transferred to Compensation Arrangements Account
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
3(2)(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,
3(2)(b)
the amounts equal to those contributions credited to the Retiring Allowances Account pursuant to paragraph 5(a) of the former Act, and
3(2)(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).
4Credits to Account
4(1)
There shall be credited to the Retiring Allowances Account
4(1)(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;
4(1)(b)
the interest paid under sections 11 and 11.1; and
4(1)(c)
the amounts referred to in section 5.
4(2)Allowances paid out of C.R.F. and charged to Retiring Allowances Account
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.
5Amounts 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:
5(1)(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
5(1)(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).
5(2)Determination of amount
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).
5(3)Rate
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.
6Repealed
[Repealed, 2012, c. 22, s. 6]
7Deficits 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.
7(2)Deficits for pensionable service before January 1, 1992 to be amortized
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).
8Amounts to be credited to meet total cost
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.
8.1Amounts to be debited
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.
9Contributions — January 1, 2001 to December 31, 2015
9(1)
During the period that begins on January 1, 2001 and ends on December 31, 2015, a member shall with respect to each calendar year, by reservation from his or her sessional indemnity, contribute to the Retiring Allowances Account 4% of that portion of that sessional indemnity that does not exceed his or her earnings limit for the calendar year.
9(1.01)Non-application
Subsection (1) does not apply to a member who is required to make a contribution under subsection 12(2).
9(1.1)Contributions
Despite subsection 2.3(1), beginning on September 21, 2000 and ending on December 31, 2000, a member who was entitled to elect under sections 2.1 and 2.6 and who did not make an election shall, by reservation from the sessional indemnity of the member, contribute to the Retiring Allowances Account four per cent of the amount payable to the member by way of that sessional indemnity.
9(1.2)Application of Act deemed to be continuous
This Act recommences to apply to a member referred to in subsection (1.1) as of the day on which this subsection comes into force and is deemed to apply to the member as if it had always applied to the member.
9(2)Additional contributions
During the period that begins on January 1, 2001 and ends on December 31, 2015, a member to whom subsection 12(2) applies who is in receipt of a salary or an annual allowance shall with respect to each calendar year, by reservation from that salary or allowance, contribute to the Retiring Allowances Account an amount equal to 4% of that portion of that salary or allowance that does not exceed his or her earnings limit for the calendar year, unless he or she elects in respect of that salary or allowance
9(2)(a)
not to contribute under this subsection and has also elected before December 31, 2015 not to contribute under subsection 31(4) or (5) or paragraph 31.1(1)(c) or (2)(b); or
9(2)(b)
to contribute at a lesser rate than that specified in this subsection.
9(3) and (4)Repealed
[Repealed, 2001, c. 20, s. 16]
9.1Contributions — beginning on January 1, 2016
9.1(1)
Beginning on January 1, 2016, a member shall with respect to each calendar year, by reservation from his or her pensionable earnings, contribute to the Retiring Allowances Account at the applicable contribution rate in respect of any part specified by the Chief Actuary of the portion of the member’s pensionable earnings that does not exceed the member’s earnings limit for the calendar year.
9.1(2)Exception
Subsection (1) does not apply to a member who is required to make a contribution under subsection 12(2.1).
10Election to contribute in respect of previous sessions
10(1)
Subject to this section, where a person ceases to be a member and subsequently becomes a member, the person may, within one year after the first day on which Parliament is in session after that person subsequently becomes a member, elect in accordance with subsection 56(2) to contribute under this Part to the Retiring Allowances Account in respect of any previous session during which that person was a member.
10*(1.1)Election to contribute in respect of previous period
A member who is required to make contributions under subsection 9(1.1) may, within one year after the day on which this subsection comes into force, elect in accordance with subsection 56(2) to contribute under this Part to the Retiring Allowances Account in respect of the period that consists of the period during which that member was a member but was not required to make contributions and the period in respect of which that member was paid a withdrawal allowance under subsection 2.3(2). [Note: Subsection 10(1.1) in force September 21, 2000, on assent of 2000, c. 27.]
10(2)Election for both plans
No election shall be made by a person under subsection (1) on or after January 1, 1992 in respect of any previous session unless the person makes an election in respect of that session at the same time to contribute under Part II to the Compensation Arrangements Account.
10(2.1)Election for both plans
No election shall be made by a member under subsection (1.1) unless the member makes an election at the same time to contribute in respect of the same period under Part II to the Compensation Arrangements Account.
10*(3)Conditions of election
Where a person ceases to be a member and subsequently becomes a member, the person may elect under subsection (1) to contribute under this Part in respect of a previous session only if
10*(3)(a)
the person previously contributed or elected to contribute in respect of that session under Part I or III of the former Act or under this Part and a withdrawal allowance in respect of that session became payable to that person under section 15 or 32 of the former Act or under section 18 of this Act, as the case may be;
10*(3)(b)
the person was, immediately before ceasing to be a member, eligible to make an election to contribute in respect of that session but did not do so;
10*(3)(c)
the person was not a member on the day on which this paragraph came into force and was a person to whom a withdrawal allowance under subsection 2.3(2) was paid and who did not subsequently elect under section 2.6 to have the Act recommence to apply to the person; or
10*(3)(d)
the person was a person to whom a withdrawal allowance under subsection 2.3(2) was paid and who did not subsequently elect under subsection (1.1). [Note: Paragraph 10(3)(c) in force September 21, 2000, on assent of 2000, c. 27.]
11Contributions in respect of previous sessions — election before January 1, 2016
11(1)
If a member elects before January 1, 2016 to contribute to the Retiring Allowances Account in respect of a previous session, he or she shall pay into the Consolidated Revenue Fund
11(1)(a)
if the election is made on or after January 1, 2001 and the member’s sessional indemnity in respect of that previous session exceeds the member’s earnings limit for the calendar year
11(1)(a)(i)
a contribution equal to four per cent of that portion of the sessional indemnity paid to the member in respect of that previous session that does not exceed the member’s earnings limit, and
11(1)(a)(ii)
the interest on that contribution calculated at a rate and in the manner prescribed from the day on which the final payment by way of sessional indemnity was made to the member in respect of that session to the day on which the election is made;
11(1)(a.1)
if the election is made on or after January 1, 1992 and before January 1, 2001, or if the member’s sessional indemnity in respect of that previous session does not exceed the member’s earnings limit for the calendar year and the election is made on or after January 1, 2001,
11(1)(a.1)(i)
a contribution equal to four per cent of the aggregate of the amounts paid to the member in respect of that previous session
11(1)(a.1)(i)(A)
by way of sessional indemnity, and
11(1)(a.1)(i)(B)
by way of salary or annual allowance, if the member so elects to contribute in respect of that salary or annual allowance, and
11(1)(a.1)(ii)
the interest on that contribution calculated at a rate and in the manner prescribed from the day on which the final payment by way of sessional indemnity, salary or annual allowance, as the case may be, was made to the member in respect of that session to the day on which the election is made; and
11(1)(b)
in the case of an election made before January 1, 1992,
11(1)(b)(i)
where a member of the House of Commons made an election under subsection 22(1) of the former Act before August 1, 1981, or a member of the Senate made an election under that subsection, a contribution equal to minus the total amount of any contributions that the member paid or elected to pay under Parts I to V of the former Act in respect of those amounts and that were not repaid as a withdrawal allowance,
11(1)(b)(i)(A)
six per cent of the amount of the sessional allowance paid to the member under section 55 of the Parliament of Canada Act in respect of that session if it was held before the commencement of the 26th Parliament,
11(1)(b)(i)(B)
seven and one-half per cent of the amount paid to the member as a member of the House of Commons, or six per cent of the amount paid to the member as a Senator, as the case may be, by way of sessional indemnity, in respect of that session if it was held after the 25th Parliament, and
11(1)(b)(i)(C)
seven and one-half per cent of the amount paid to the member by way of salary or annual allowance in respect of that session if the member, by the election, elected to contribute thereon,
11(1)(b)(ii)
where a member of the House of Commons made an election under subsection 22(1) of the former Act after August 1, 1981 and before January 1, 1992, or a member made an election under subsection 22(2) of that Act, a contribution equal to ten per cent of the amount paid to the member as a member of the House of Commons by way of sessional indemnity in respect of that session, minus the total amount of any contributions that the member paid or elected to pay under Parts I to V of the former Act in respect of those amounts and that were not repaid as a withdrawal allowance,
11(1)(b)(iii)
where a member made an election under subsection 21(7) of the former Act in respect of a salary or an annual allowance, a contribution equal to two and one-half per cent of the amount paid to the member by way of that salary or allowance in respect of that session,
11(1)(b)(iv)
where a member made an election under subsection 22(3) of the former Act in respect of a salary or an annual allowance, a contribution not exceeding ten per cent of the amount paid to the member by way of that salary or allowance in respect of that session,
11(1)(b)(v)
except in respect of the portion of that contribution specified in subparagraph (vi), interest on that contribution calculated at a rate and in the manner prescribed from the day on which the final payment by way of sessional indemnity, salary or annual allowance, as the case may be, was made to the member in respect of that session to the day on which the election is made, and
11(1)(b)(vi)
in respect of the portion of that contribution included in a withdrawal allowance paid under Parts I to V of the former Act, the interest on the aggregate of calculated at a rate and in the manner prescribed from the day on which the payment of the withdrawal allowance was made to the day on which the election is made.
11(1)(b)(vi)(A)
that portion of the contribution, and
11(1)(b)(vi)(B)
the interest on that portion of the contribution that was included in the withdrawal allowance,
11(1.1)Contributions in respect of previous period
If a member elects under subsection 10(1.1) to contribute to the Retiring Allowances Account in respect of the period referred to in that subsection, the member shall pay into the Consolidated Revenue Fund
11(1.1)(a)
a contribution equal to four per cent of the aggregate of the amounts paid to the member in respect of that period
11(1.1)(a)(i)
by way of sessional indemnity, and
11(1.1)(a)(ii)
by way of salary or annual allowance, if the member so elects to contribute in respect of that salary or annual allowance; and
11(1.1)(b)
the interest on that contribution calculated at a rate and in the manner prescribed from the day on which the final payment by way of sessional indemnity, salary or annual allowance, as the case may be, was made to the member in respect of that period to the day on which the election is made.
11(2)Maximum contribution
Notwithstanding clause (1)(a.1)(i)(B) or subparagraph (1.1)(a)(ii), where the aggregate of amounts paid to a person as a member in respect of one or more previous sessions, or in respect of a particular period, in a calendar year by way of sessional indemnity, salary or annual allowance exceeds the member shall not, in respect of that previous session or particular period, contribute under that clause or subparagraph on the excess amount.
11(2)(a)
the earnings limit of the member for that calendar year, or
11(2)(b)
where the person was not a member during the whole of that calendar year, that portion of the earnings limit of the member for that calendar year that the part of the calendar year during which the person is a member bears in relation to the whole of the calendar year, determined in accordance with the regulations,
11.1Contributions in respect of previous sessions — election made on or after January 1, 2016
11.1(1)
If a member elects on or after January 1, 2016 to contribute to the Retiring Allowances Account in respect of a previous session, he or she shall pay into the Consolidated Revenue Fund
11.1(1)(a)
a contribution, calculated at the contribution rates fixed for the purposes of section 9.1 that are in force on the day on which the election is made, in respect of the portion of his or her pensionable earnings during that previous session that does not exceed his or her earnings limit for the year during that previous session; and
11.1(1)(b)
interest on that contribution, calculated at a rate and in the manner prescribed, from the day on which the final payment by way of pensionable earnings was made to the member in respect of that session to the day on which the election is made.
11.1(2)Earnings limit for part of year
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 he or she was a member is to the whole calendar year.
12Limits on contributions