Royal Canadian Mounted Police Pension Continuation Act (R.S.C. 1970, c. R-10)

Short Title

Marginal note:Short title

1 This Act may be cited as the Royal Canadian Mounted Police Pension Continuation Act.

Interpretation

Marginal note:Definitions

• 2 (1) In this Act

  child

  child means a child or stepchild of — or an individual adopted either legally or in fact by — an officer or a former officer who at the time of the officer’s or former officer’s death was dependent on the officer or former officer for support; (enfant)

  constable

  constable means any member of the Royal Canadian Mounted Police other than a commissioned officer; (gendarme)

  Force

  Force means the Royal Canadian Mounted Police; (Gendarmerie)

  former Act

  former Act means chapter 241 of the Revised Statutes of Canada, 1952 as it was before the 1st day of April 1960; (ancienne loi)

  Marine Section

  Marine Section means the water transport and personnel of the Force; (section maritime)

  member of the Force

  member of the Force or member includes the Commissioner and every other officer, non-commissioned officer and man or woman of the Force; (membre de la Gendarmerie ou membre)

  Minister

  Minister means the Minister for the time having control and management of the Force; (Ministre)

  officer

  officer means a commissioned officer of the Force; (officier)

  pay

  pay, for pension purposes, means the pay of the substantive rank or appointment, but not that of acting rank, and does not include extra pay for staff and similar temporary appointments; (solde)

  rank

  rank means substantive rank or appointment, but does not include acting rank; (grade ou rang)

  service

  service means service in the Force; (service)

  survivor

  survivor, in relation to an officer or a former officer, means

  • (a) a person who was married to the officer or former officer at the time of the officer’s or former officer’s death, or

  • (b) a person referred to in subsection 25.1(1). (survivant)

• Marginal note:Service as special constable, etc.

  (2) A period during which a member of the Force served as a special constable in the Force or as a member of a provincial police force may, in accordance with regulations of the Governor in Council, be deemed to be a period during which the member served in the Force and to be service for the purposes of this Act.

PART IGeneral

Marginal note:Application of Act

3 This Act does not apply to or in respect of any person to whom Part VI of the former Act applied at any time before the 1st day of April 1960, or any person who served in the Force at any time on or after that day as a contributor under Part I of the Royal Canadian Mounted Police Superannuation Act.

Marginal note:Regulations

4 The Governor in Council may by regulation provide for payment out of the Consolidated Revenue Fund, in the event of the death of a member or former member of the Force, upon application to the Minister by or on behalf of any successor thereunder to whom any pension or allowance becomes payable under this Act, of the whole or any part of such portion of any estate, legacy, succession or inheritance duties or taxes that are payable by the successor as is determined in accordance with the regulations to be attributable to that pension or allowance, and prescribe the amounts by which and the manner in which any such pension or allowance shall be reduced.

Marginal note:Compensation for disability

• 5 (1) Where a person has, either before or after the 1st day of April 1960 suffered a disability as a result of any injury or disease or aggravation thereof that arose out of, or was directly connected with, his service in the Force, he may be granted compensation, including medical and hospital expenses, at such rates and in such manner as the Governor in Council may prescribe.

• Marginal note:Compensation to survivor or children

  (2) When a person described in subsection (1) dies before he is granted compensation under that subsection, his survivor or, if there is no survivor, his children may be granted the compensation in respect of the period preceding his death that he was disabled, including medical and hospital expenses, that the Treasury Board may prescribe.

• Marginal note:Government Employees Compensation Act

  (3) The provisions of the Government Employees Compensation Act do not apply to members of the Force.

Marginal note:Expense payable out of C.R.F.

6 All sums of money required or authorized to be paid by or under the authority of this Act, and for payment of which no other provision is made, shall be paid out of any unappropriated moneys in the Consolidated Revenue Fund.

Marginal note:Approval of Governor in Council

• 7 (1) Notwithstanding anything in this Act, any pension, gratuity or allowance provided for by Part I, II or III shall be granted only with the approval of the Governor in Council and upon the further condition, in the case of a member of the Force, that it be granted only in consideration of good and faithful service during the period in respect of which it is calculated.

• Marginal note:Misconduct

  (2) Where a member of the Force is retired by reason of misconduct, the fact of such retirement and the circumstances thereof shall be reported to the Pension Board established pursuant to section 21 of the Royal Canadian Mounted Police Superannuation Act, and if the Board, after investigation of the circumstances surrounding any retirement reported to it under this subsection, reports to the Minister that it is in the public interest by reason of good and faithful service rendered by the member of the Force before the time of the misconduct to grant a pension, the Minister may recommend accordingly to the Treasury Board and the Governor in Council may, on the report of the Treasury Board in such case, grant a pension equal to the whole or any part specified by the Treasury Board of any pension that might have been granted to him if he had been retired in consequence of permanent infirmity of body or mind.

Marginal note:Time and duration of payment

8 Pensions and compassionate allowances granted under this Act are, unless otherwise ordered by the Treasury Board, payable in equal monthly instalments in arrears, and unless otherwise specified by this Act, continue during the lifetime of the recipient and thereafter until the end of the month during which he dies.

Marginal note:Residual amounts

9 Where, upon the death of an officer there is no person to whom a pension or a compassionate allowance provided under this Part or Part II may be paid or where the persons to whom such pension or compassionate allowance may be paid, die or cease to be eligible therefor and no other amount may be paid to them under this Part or Part II, any amount by which the aggregate of the amounts deducted pursuant to section 16 exceeds the aggregate of all amounts paid to those persons and to the officer under this Part shall be paid to the estate of the officer.

PART IIOfficers’ Pensions

Marginal note:Pension to officers after 10 years service

10 An officer who is retired compulsorily for any cause other than misconduct or inefficiency after ten years of service, is entitled to a pension for life, not exceeding one-fiftieth of the pay and allowances of his rank or permanent appointment at the time of his retirement for each completed year of service.

Marginal note:Amount of allowance for purposes of pension

11 The Governor in Council may by regulation determine the amount of allowances for purposes of pension to be received by the Commissioner and other officers of the Force.

Marginal note:Voluntary retirement after 25 years

12 An officer who retires voluntarily after twenty-five years of service is entitled to a pension for life, twenty per cent less than he would be entitled to if he were retired compulsorily.

Marginal note:After 35 years

13 An officer who retires voluntarily after thirty-five years of service is entitled to the same pension as if he were retired compulsorily.

Marginal note:Maximum rates

• 14 (1) No addition shall be made to such pension for any service beyond thirty-five years.

• Marginal note:Breaks in service

  (2) If the service has not been continuous, the period or periods during which such service has been discontinued shall not be counted.

Marginal note:Prior service in Force or Dominion Police

• 15 (1) In the case of an officer who prior to his appointment in the Force has served as a non-commissioned officer or constable in the Force or in the Dominion Police, the time during which he has so served may be included in his term of service or be computed as service for the purposes of this Part, subject to the provisions of section 16.

• Marginal note:Civil Service

  (2) Time served in the Civil Service that could be reckoned for the purposes of Part I of the Civil Service Superannuation and Retirement Act may in like manner be included in the term of service for the purpose of this Part.

• Marginal note:Civil Service under Retirement Fund

  (3) Time served in the Civil Service during which Part II of the Civil Service Superannuation and Retirement Act applied to the person serving and during which the reservation of five per cent was made out of his salary as required by section 27 of that Act may in like manner be included in the term of service for the purpose of this Part.

• Marginal note:Application of ss. (1) and (3)

  (4) Subsections (1) and (3) shall be construed and applied with relation to officers in the Force on the 19th day of July 1924, as if those subsections had been enacted on the 1st day of February 1920.

• Marginal note:Active service in World War I

  (5) Time served on active service during the war between Great Britain and Germany that commenced on the 4th day of August 1914 may be included in the term of service for the purpose of pension under this Part.

• Marginal note:Civil Service and Customs-Excise Preventive Service

  (6) Time served in the Civil Service that counted toward superannuation and retirement under the various Civil Service Superannuation and Retirement Acts, and time served in the Customs-Excise Preventive Service of the Department of National Revenue may be included in the term of service for the purpose of pension under this Part.

• Marginal note:Provincial police force

  (7) Recognition of prior service in and time served in any provincial police force of a province with which the Governor in Council has entered into an arrangement under section 5 of the former Act, at the time of the officer’s appointment or re-appointment or subsequent to such appointment or re-appointment, may be included in his term of service for the purposes of pension under this Part, if the officer pays the amount required by the Governor in Council.

• Marginal note:Permanent forces

  (8) Time served in the permanent naval, army or air forces of Canada may also be included in the term of service of an officer for the purposes of pension under this Part; and in such cases the yearly deduction of five per cent upon average pay under this Part from any pension shall be reduced by the average yearly deduction from the officer’s salary or pay as a member of the permanent naval, army or air forces, made under the Defence Services Pension Continuation Act.

• Marginal note:Active service in World War II

  (9) Time served on active service during the war that commenced in September 1939 may be included in the term of service of an officer for the purposes of pension under this Part.

Marginal note:Deductions of 5%

• 16 (1) A deduction toward making good the pensions aforesaid shall be made from the pay of every officer at the rate of five per cent per annum on such pay, but such a deduction shall not be made during more than thirty-five years of service.

• Marginal note:If deductions not made for sufficient number of years

  (2) If an officer becomes entitled to a pension, and the deduction from his pay provided for in this section has not been made for as great a number of years as that upon which his pension is based, the aggregate amount of pay received by him during the years for which no such deduction has been made shall be divided by the number of such years for the purpose of ascertaining the average pay of such officer during such years, and a yearly deduction amounting to five per cent upon such average pay shall be made from the pension of such officer, and such deduction shall continue to be made until the expiration of the number of years last mentioned or the cessation of the payment of the pension, whichever first happens; but if the officer thinks fit, the deficiency in deduction may be made good by him in one payment.

• Marginal note:Application of deductions

  (3) The sums deducted under this section form part of the Consolidated Revenue Fund.

Marginal note:Gratuity when pension not earned

• 17 (1) If any officer is constrained, from any infirmity of body or mind, to quit the Force before a period at which a pension might be granted to him, the Governor in Council may allow him a gratuity not exceeding one month’s pay for each year of his service.

• Marginal note:Gratuity in case of severe injury on duty

  (2) If any such officer is so constrained to quit the service before such period by reason of severe bodily injury, received without his own fault, in the discharge of his public duty, the Governor in Council may allow him a gratuity not exceeding three months pay for every two years of service.

Marginal note:Gratuity in case of reduction of staff

18 If an officer is retired to promote efficiency or economy in the service, the Governor in Council may grant him such gratuity as he would have been entitled to if he had been retired in consequence of permanent infirmity of body or mind.