Marginal note:Manner of making elections
8. (1) Every election made by a contributor under this Part shall be made by him while a member of the Force and shall be evidenced in writing, in the form prescribed by the regulations, and witnessed, and the original thereof shall be forwarded to the Commissioner of the Royal Canadian Mounted Police, within the time prescribed by this Part for the making of the election or, in the case of an election that may be made by the contributor at any time before he ceases to be a member of the Force, within one month from the time of making the election.
Marginal note:Void elections
(2) An election under this Part is void in so far as it is
(a) an election to pay for any period of service described in any of clauses 6(b)(ii)(A) to (G) that the elector is entitled to count for the purposes of any superannuation or pension benefit of a kind prescribed by the regulations, otherwise than under the provisions of this Part;
(b) an election to pay for any period of service described in clause 6(b)(ii)(J), (K) or (L), unless the elector has passed a medical examination, as prescribed by the regulations, within such time immediately before or after the making of the election as is prescribed by the regulations;
(b.1) an election to surrender an annuity, annual allowance or pension under subsection 24(5) on or after December 1, 1995, unless the elector has passed a medical examination, as prescribed by the regulations, within the time immediately before or after the making of the election that is prescribed by the regulations; or
(c) an election to pay for any period of service of less than ninety days as defined by the regulations, unless it is service that may be counted under clause 6(b)(ii)(I).
Marginal note:Right to elect for part of period
(3) A contributor who is entitled under this Part to elect to pay for a period of service is entitled to elect to pay for part only of that period but only that part which is most recent in point of time.
Marginal note:Right to amend or revoke
(4) An election under this Part may be amended by the elector, within the time prescribed by this Part for the making of the election, by increasing the period or periods of service for which he elects to pay, and is otherwise irrevocable except under such circumstances and on such terms and conditions, including payment by the elector to Her Majesty of such amount in respect of any benefit accruing to the elector during the subsistence of the election, as a consequence of his having so elected, as is prescribed by the regulations.
Marginal note:Manner of payment
(5) Subject to this section, any amount required by subsection 7(1) to be paid by a contributor in respect of any period of service for which he has elected to pay shall be paid by him into the Superannuation Account
(a) in a lump sum, at the time of making the election, or
(b) in instalments, on such terms and computed on such bases as to mortality and interest as are prescribed by the regulations,
at his option.
Marginal note:Election after March 31, 2000
(5.1) For the purposes of subsections (5) and 24(1), an amount required to be paid by a contributor pursuant to an election made after March 31, 2000 shall be paid into the Royal Canadian Mounted Police Pension Fund.
Marginal note:Unpaid instalments
(6) Where a contributor who has elected under this Part or Part V of the former Act to pay for any period of service and has undertaken to pay for that period by instalments ceases to be a member of the Force before all the instalments have been paid, the unpaid instalments may be reserved, in accordance with the regulations, from any amount payable to him by Her Majesty, including the annuity or other benefit payable to him under this Part, until such time as all the instalments have been paid or the contributor dies, whichever occurs first.
Marginal note:Recovery of amounts due
(7) When an amount payable by a contributor into the Superannuation Account or the Royal Canadian Mounted Police Pension Fund by reservation from pay and allowances or otherwise has become due, but remains unpaid at the time of death, that amount, with interest at four per cent per annum from the time it became due, may be recovered in accordance with the regulations from any allowance payable under this Part to the survivor or children of the contributor, without prejudice to any other recourse available to Her Majesty with respect to the recovery of it, and any amount so recovered shall be credited to the Superannuation Account or the Royal Canadian Mounted Police Pension Fund and shall be deemed, for the purposes of the definition "return of contributions" in subsection 9(1), to have been paid into that Account or Fund by the contributor.
Marginal note:Special procedures for certain elections
(8) When an election is made to count as pensionable service a period of service specified in clause 6(b)(ii)(F.1), (L), (M), (N), (O) or (P), this section applies in the manner and to the extent set out in the regulations.
- R.S., 1985, c. R-11, s. 8;
- 1992, c. 46, s. 65;
- 1999, c. 34, s. 175.
- Date modified: