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An Act to amend the Members of Parliament
Retiring Allowances Act and the
Parliament of Canada Act
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[Assented to 19th June, 2003]
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Her Majesty, by and with the advice and
consent of the Senate and House of Commons
of Canada, enacts as follows:
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| R.S., c. M-5
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| 2001, c. 20,
s. 16(2)
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1. Paragraph 9(2)(a) of the Members of
Parliament Retiring Allowances Act is
replaced by the following:
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(a) not to contribute under this subsection
and has also elected not to contribute under
subsection 31(4) or (5); or
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| 2001, c. 20,
s. 18(1)
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2. (1) Paragraph 12(1)(b) of the Act is
replaced by the following:
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(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 member's credit by the multipliers set
out in subsection 16(1) and, as applicable,
subsection 36(2) or (6) equals 0.75; or
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| 2001, c. 20,
s. 18(2)
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(2) Subsection 12(2) of the Act is replaced
by the following:
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| Exception for
1%
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(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 1% of
that portion of the 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
member's credit by the multipliers set out in
subsection 16(1) and, as applicable,
subsection 36(2) or (6) equals 0.75.
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| 2001, c. 20,
s. 19
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3. Subsection 17(4.1) of the Act is
replaced by the following:
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| Exception
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(4.1) Subsection (4), as it read immediately
before July 12, 2001, applies in respect of a
period of pensionable service to a member's
credit pursuant to an election referred to in
subsection 36(10).
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| 2001, c. 20,
s. 21
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4. (1) The portion of subsection 31(4) of
the Act before paragraph (a) is replaced by
the following:
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| Additional
contribution
- members
under 69 who
reach
maximum
accrual
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(4) A member to whom paragraph 12(1)(b)
applies, who has not reached 69 years of age
and who is in receipt of a salary or annual
allowance shall, commencing on January 1,
2001 - unless the member elects not to
contribute under this subsection and has also
elected not to contribute under subsection
9(2) - by reservation from that salary or
annual allowance, contribute to the
Compensation Arrangements Account an
amount equal to
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(2) Section 31 of the Act is amended by
adding the following after subsection (4):
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| Additional
contribution
- members
69 or over
who reach
maximum
accrual
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(5) A member to whom paragraph 12(1)(b)
applies, who has reached 69 years of age and
who is in receipt of a salary or annual
allowance shall, commencing on January 1,
2001 - unless the member elects not to
contribute under this subsection - by
reservation from that salary or annual
allowance, contribute to the Compensation
Arrangements Account an amount equal to
7% of that salary or annual allowance.
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5. (1) Subsection 33(1) of the Act is
amended by adding the following after
paragraph (a.1):
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(a.2) in the case of a member who, on or
after January 1, 2001, makes an election
under subsection 32(1) in respect of
amounts paid as a member of the House of
Commons and whose sessional indemnity
in respect of the session exceeds his or her
earnings limit for the calendar year,
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(i) if the member has not reached 69 years
of age at the time of the election,
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(A) a contribution equal to the total of
4% of that portion of the sessional
indemnity that exceeds the earnings
limit and 3% of the sessional
indemnity, and
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(B) a contribution equal to 7% of the
total of his or her salary and annual
allowance, if the member elects to
contribute in respect of those amounts,
and
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(ii) if the member has reached 69 years of
age at the time of the election,
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(A) a contribution equal to 7% of the
sessional indemnity, and
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(B) a contribution equal to 7% of the
total of his or her salary and annual
allowance, if the member elects to
contribute in respect of those amounts;
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(a.3) in the case of a member who, on or
after January 1, 2001, makes an election
under subsection 32(1) in respect of
amounts paid as a member of the House of
Commons and whose sessional indemnity
in respect of the session does not exceed his
or her earnings limit for the calendar year,
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(i) if the member has not reached 69 years
of age at the time of the election, a
contribution equal to 3% of the sessional
indemnity, or 7% if he or she has reached
that age, and
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(ii) if the member received any salary or
annual allowance in respect of the
session and elected to contribute in
respect of those amounts,
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(A) if the member has not reached 69
years of age at the time of the election,
a contribution equal to
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(I) 3% of the portion of the salary or
annual allowance that, in
combination with the sessional
indemnity, does not exceed the
earnings limit, and
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(II) 7% of the portion of the salary or
annual allowance that, in
combination with the sessional
indemnity, exceeds the earnings
limit, and
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(B) if the member has reached 69 years
of age at the time of the election, a
contribution equal to 7% of his or her
salary or annual allowance;
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(2) Paragraph 33(1)(b) of the Act is
amended by striking out the word ``and'' at
the end of subparagraphs (ii) and (iii) and
by adding the following after subparagraph
(iii):
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(iv) if the election was made on or after
January 1, 2001 and the sessional
indemnity paid in respect of the session
exceeds his or her earnings limit for the
calendar year,
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(A) if the member makes the election
before reaching 69 years of age,
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(I) a contribution equal to the total of
4% of the portion of the sessional
indemnity that exceeds the earnings
limit and 3% of the sessional
indemnity, and
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(II) a contribution equal to 7% of the
total of his or her salary and annual
allowance, if the member elects to
contribute in respect of those
amounts, and
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(B) if the member has reached 69 years
of age at the time of the election,
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(I) a contribution equal to 7% of the
sessional indemnity, and
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(II) a contribution equal to 7% of the
total of his or her salary and annual
allowance, if the member elects to
contribute in respect of those
amounts, and
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(v) if the election was made on or after
January 1, 2001 and the sessional
indemnity paid in respect of the session
does not exceed his or her earnings limit
for the calendar year,
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(A) if the member makes the election
before reaching 69 years of age,
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(I) a contribution equal to 3% of the
sessional indemnity, and
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(II) if the member elects to
contribute in respect of any salary or
annual allowance, a contribution
equal to 3% of the portion of salary
or annual allowance that, in
combination with the sessional
indemnity, does not exceed the
earnings limit and a contribution
equal to 7% of the portion that, in
combination with the sessional
indemnity, exceeds the earnings
limit, and
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(B) if the member makes the election
after reaching 69 years of age,
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(I) a contribution equal to 7% of the
sessional indemnity, and
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(II) a contribution equal to 7% of the
total of his or her salary and annual
allowance, if the member elects to
contribute in respect of those
amounts; and
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| 2001, c. 20,
s. 23(6)
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(3) Subsection 33(4) of the Act is replaced
by the following:
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| Earnings limit
for part of
year
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(4) 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 the person was a member is
to the whole calendar year.
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| 2001, c. 20,
s. 24(1)
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6. (1) Paragraph 34(1)(b) of the Act is
replaced by the following:
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(b) subject to subsections (2) and (2.1), 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 member's credit
by the multipliers set out in subsection
16(1) and, as applicable, subsection 36(2)
or (6) equals 0.75.
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| 2001, c. 20,
s. 24(2)
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(2) Subsection 34(2) of the Act is replaced
by the following:
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| Exception -
69 years old
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(2) Commencing on January 1, 2001, a
member who has reached 69 years of age
shall, by reservation from the sessional
indemnity payable to that member, continue
to contribute under this Part 1% of the 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 member's credit
by the multipliers set out in subsection 16(1)
and, as applicable, subsection 36(2) or (6)
equals 0.75.
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| 1992, c. 46,
s. 81; 1995,
c. 30, s. 9;
2001, c. 20,
s. 25
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7. Section 36 of the Act is replaced by the
following:
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| Compensation
allowance
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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
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(a) ceases to be a member on or after
January 1, 1992; and
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(b) contributed or elected to contribute
under this Part, or Part I or III of the former
Act, for at least six years.
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| Amount
payable to
former
members of
House of
Commons
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(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
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(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
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(i) if the person has not reached 60 years
of age,
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(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,
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(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
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(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),
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(ii) subject to subparagraphs (iii) and
(iv), if the person has reached 60 years of
age,
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(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,
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(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
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(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),
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(iii) if the person contributed after he or
she reached 71 years of age,
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(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
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(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
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(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
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(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.
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| Years of
service -
subparagraph
(2)(a)(iii)
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(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
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(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
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(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.
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| Years of
service -
paragraph
(2)(b) or
(6)(b)
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(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.
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| Application of
subsections
(3), (4) and
(7)
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(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.
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| Amount
payable to
former
members of
Senate
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(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
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(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
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(i) if the person has not reached 60 years
of age, 0.03,
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(ii) subject to subparagraph (iii), if the
person has reached 60 years of age, 0.01,
and
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(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
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