An Act to amend the Parliament of Canada Act, the Members of Parliament Retiring Allowances Act and the Salaries Act (S.C. 2001, c. 20)
Full Document:
Assented to 2001-11-01
11. The Act is amended by adding the following after section 71:
Disability Allowance
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 the member’s annual salaries and allowances on the date of resignation, if at the time of resignation the member
(a) is 65 years of age or over; and
(b) is incapable, because of the disability, of performing the member’s duties.
Marginal note:Adjustments
(2) The disability allowance shall be adjusted to take into account changes in the annual salaries and allowances on which the disability allowance was based.
Marginal note:Payment
(3) The disability allowance shall be paid
(a) in the case of a member of the Senate, until the member revokes the election, attains 75 years of age or dies, whichever is the earliest; or
(b) in the case of a member of the House of Commons, until the member revokes the election or dies or the date of the next general election following the member’s resignation, whichever is the earliest.
Marginal note:Regulations
(4) The Governor in Council may make regulations respecting disability allowances, including regulations respecting
(a) the determination of eligibility for disability allowances and medical examinations that are required;
(b) elections to receive disability allowances and the revocation of elections; and
(c) the administration and payment of disability allowances.
Marginal note:Retroactive regulations
(5) Regulations made under subsection (4) may, if they so provide, be retroactive.
Marginal note:1998, c. 23, s. 8
12. Subsection 72(3) of the Act is replaced by the following:
Marginal note:Payments out of C.R.F.
(3) The sessional allowances payable under subsection 55(10), any supplementary severance allowance payable under subsection 70(6) and any disability allowance payable under section 71.1 shall be paid out of the Consolidated Revenue Fund.
13. Paragraph 80(1)(a) of the Act is replaced by the following:
(a) to describe or designate a property, place, site or location in the National Capital Region described in the schedule to the National Capital Act other than the area of ground in the City of Ottawa bounded by Wellington Street, the Rideau Canal, the Ottawa River and Kent Street;
R.S., c. M-5MEMBERS OF PARLIAMENT RETIRING ALLOWANCES ACT
Marginal note:1992, c. 46, s. 81
14. (1) The definitions “average annual sessional indemnity” and “salary” in subsection 2(1) of the Members of Parliament Retiring Allowances Act are replaced by the following:
“average annual sessional indemnity”
« moyenne annuelle de l’indemnité de session »
“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;
“salary”
« traitement »
“salary” means a salary payable to a member pursuant to section 4 of the Salaries Act or section 60 or 61 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;
Marginal note:1992, c. 46, s. 81
(2) Paragraph (a) of the definition “sessional indemnity” in subsection 2(1) of the Act is replaced by the following:
(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,
Marginal note:1992, c. 46, s. 81
15. Paragraphs 4(1)(a) and (b) of the Act are replaced by the following:
(a) the contributions paid pursuant to sections 9 and 11 and contributions made pursuant to subsections 21(7) and 22(3) of the former Act that are paid on or after January 1, 1992;
(b) the interest paid in accordance with subparagraphs 11(1)(a)(ii), (a.1)(ii) and (b)(v) and (vi) and paragraph 11(1.1)(b); and
Marginal note:1992, c. 46, s. 81; 2000, c. 27, s. 3
16. (1) Subsections 9(1) and (1.1) of the Act are replaced by the following:
Marginal note:Contributions
9. (1) Commencing on January 1, 2001, a member shall, by reservation from the sessional indemnity of the member, contribute to the Retiring Allowances Account four per cent of that portion of that sessional indemnity that does not exceed the member’s earnings limit for that calendar year.
Marginal note:Contributions
(1.1) 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.
Marginal note:1992, c. 46, s. 81
(2) Subsections 9(2) to (4) of the Act are replaced by the following:
Marginal note:Additional contributions
(2) Commencing on January 1, 2001, a member to whom paragraph 12(1)(b) applies who is in receipt of a salary or an annual allowance shall, by reservation from that salary or allowance, contribute to the Retiring Allowances Account an amount equal to four per cent of that portion of that salary or allowance that does not exceed the member’s earnings limit for that year, unless the member elects in respect of that salary or allowance
(a) not to contribute under this subsection and has at the same time elected not to contribute under subsection 31(4); or
(b) to contribute at a lesser rate than that specified in this subsection.
Marginal note:1992, c. 46, s. 81
17. (1) The portion of subsection 11(1) of the Act before paragraph (b) is replaced by the following:
Marginal note:Contributions in respect of previous sessions
11. (1) Where a member elects to contribute to the Retiring Allowances Account in respect of a previous session, the member shall pay into the Consolidated Revenue Fund
(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
(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
(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;
(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,
(i) a contribution equal to four per cent of the aggregate of the amounts paid to the member in respect of that previous session
(A) by way of sessional indemnity, and
(B) by way of salary or annual allowance, if the member so elects to contribute in respect of that salary or annual allowance, and
(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
Marginal note:2000, c. 27, s. 5(2)
(2) The portion of subsection 11(2) of the Act before paragraph (a) is replaced by the following:
Marginal note:Maximum contribution
(2) 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
Marginal note:1992, c. 46, s. 81
18. (1) Paragraphs 12(1)(b) and (c) of the Act are 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 credit of the member by the multipliers set out in subsection 16(1) and, as applicable, paragraph 36(1)(a) or (b) equals 0.75; or
(c) after the member has reached 69 years of age.
Marginal note:1992, c. 46, s. 81
(2) Subsection 12(2) of the Act is replaced by the following:
Marginal note:Exception for one per cent
(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 one per cent of that portion of that 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 credit of the member by the multipliers set out in subsection 16(1) and, as applicable, paragraph 36(1)(a) or (b) equals 0.75.
- Date modified: