Members of Parliament Retiring Allowances Act

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).