Bill C-43

Coming into Force

386. Section 385 is deemed to have come into force on December 12, 2013.

Division 31

Royal Canadian Mounted Police Pensions

Transfer of Pension of Certain Employees

387. The following definitions apply in sections 388 to 400.

“deemed employee” means a person who is deemed under subsection 86(1) of the Enhancing Royal Canadian Mounted Police Accountability Act to be a person appointed under the Public Service Employment Act.

“published date” means the date that is published in the Canada Gazette by the Treasury Board under subsection 86(1) of the Enhancing Royal Canadian Mounted Police Accountability Act.

388. For the purposes of the Public Service Superannuation Act, commencing on the published date, a deemed employee is deemed to be a Group 1 contributor as described in subsection 12(0.1) of that Act if the deemed employee

(a) is required to contribute under section 5 of that Act on the published date and continues to be required to contribute under that section without interruption from that date;

(b) continues to be employed in the public service, as defined in subsection 3(1) of that Act, without interruption from the published date, is not required to contrib­ute under section 5 of that Act on that date, by reason of paragraph 5(1)(f) or subsection 5.1(1) of that Act, and is required to contribute under section 5 of that Act after that date;

(c) is required to contribute under section 5 of that Act on the published date, ceases to be required to contribute after that date, is again required to contribute under that section and continues to be employed in the public service, without interruption, from the cessation; or

(d) is, on the day before the day on which he or she ceases to be employed in the public service, a deemed employee described in any of paragraphs (a) to (c), unless

(i) the deemed employee has received a return of contributions under subsection 12(3) of that Act,

(ii) a payment of a transfer value to the deemed employee has been effected in accordance with subsection 13.01(2) of that Act, or

(iii) a payment has been made to an eligible employer in respect of the deemed employee in accordance with subsection 40.2(3) of that Act.

389. The period of pensionable service under the Royal Canadian Mounted Police Superannuation Act to the credit of a deemed employee on the published date is, on that date, deemed to be a period of pensionable service under the Public Service Superannuation Act.

390. (1) If a deemed employee has undertaken under the Royal Canadian Mounted Police Superannuation Act to pay for a part of the period of pensionable service referred to in section 389 in instalments and has not paid all the instalments before the published date, the unpaid instalments must be paid into the Public Service Pension Fund established under subsection 44.2(1) of the Public Service Superannuation Act, in accordance with the terms that applied to those payments immediately before the published date.

(2) If the deemed employee ceases to be employed in the public service or dies before all the instalments have been paid, the unpaid instalments may be reserved, in accordance with the Public Service Superannuation Act, from any amount payable to or in respect of the deemed employee by Her Majesty in right of Canada, including any annuity or other benefit payable to or in respect of the deemed employee under that Act.

391. Despite subsection 4(1) of the Royal Canadian Mounted Police Superannuation Act, no annuity or other benefit specified in Part I or III of that Act is payable to or in respect of a deemed employee in respect of the period of pensionable service referred to in section 389.

392. For the purposes of the Public Service Superannuation Act, a deemed employee is deemed to have received as salary, during the period of pensionable service referred to in section 389, the pay, as defined in subsection 3(1) of the Royal Canadian Mounted Police Superannuation Act as it read immediately before the day on which this section comes into force, applicable to the deemed employee as determined under the Royal Canadian Mounted Police Superannuation Act.

393. For the purposes of clause 13(1)(c)(ii)(C), subsections 13(4) and 51(1) and (2) and section 53 of the Public Service Superannuation Act, any period of service of a deemed employee as a member of the Force, as defined in subsection 3(1) of the Royal Canadian Mounted Police Superannuation Act as it read immediately before the day on which this section comes into force, is deemed to be a period during which the deemed employee was employed in the public service.

394. For the purposes of the Public Service Superannuation Act, any period of part-time service of a deemed employee as a member of the Force, as defined in subsection 3(1) of the Royal Canadian Mounted Police Superannuation Act as it read immediately before the day on which this section comes into force, is deemed to be a period during which the deemed employee was employed in the public service as a part-time employee.

395. There is to be charged to the Royal Canadian Mounted Police Superannuation Account that was continued under subsection 4(2) of the Royal Canadian Mounted Police Superannuation Act and to be credited to the Superannuation Account that was continued under subsection 4(2) of the Public Service Superannuation Act the amount determined by the President of the Treasury Board, based on actuarial advice and after consultation with the Minister of Public Safety and Emergency Preparedness, that is required to provide for benefits payable in respect of any portion of the period of pensionable service referred to in section 389 that was credited to a deemed employee before April 1, 2000.

396. For the purposes of the Public Service Superannuation Act, any period of service in respect of which a deemed employee made an election under subsection 6.1(1) of the Royal Canadian Mounted Police Superannuation Act is deemed to be a period of service in respect of which the deemed employee made an election under subsection 5.3(1) of the Public Service Superannuation Act.

Royal Canadian Mounted Police Superannuation Act

397. (1) Subsections 11(7) to (10) of the Royal Canadian Mounted Police Superannuation Act are repealed.

(2) Subsection 11(11) of the Act is replaced by the following:

(11) Despite anything in this section, except as provided for in subsection (1), (2) or (11.1), a contributor who ceases to be a member of the Force after serving in the Force for a period less than the period prescribed by the regulations for the purposes of this subsection is entitled only to a return of contributions.

(3) The portion of subsection 11(11.1) of the Act before paragraph (a) is replaced by the following:

(11.1) A contributor who ceases to be a member of the Force after serving in the Force for a period less than the period prescribed by the regulations for the purposes of subsection (11) is entitled to a deferred annuity if they

(4) Subsection 11(12) of the Act is repealed.

398. (1) Paragraph 26.1(1)(h.2) of the Act is replaced by the following:

(h.2) prescribing periods of service in the Force and periods of pensionable service for the purposes of sections 11, 12.1, 13 and 14, these periods being in no case shorter than two years or longer than, in the case of sections 13 and 14, five years, in the case of paragraphs 11(1)(a), 11(2)(a), 11(3)(a) and 11(5)(a), subsection 11(11) and section 12.1, 10 years, in the case of paragraphs 11(3)(c) and 11(5)(c), 20 years, and in the case of paragraph 11(5)(d), 25 years;

(2) Paragraph 26.1(1)(h.6) of the Act is repealed.

399. Paragraph (c) of the definition “recipient” in section 35 of the Act is repealed.

Transitional Provision

400. The Royal Canadian Mounted Police Superannuation Act, as it read on the day before the day on which this section comes into force, continues to apply to a person referred to in subsection 66(4) of the Canadian Security Intelligence Service Act, as it read on June 28, 1984, and to a member of the Force, as defined in subsection 3(1) of the Royal Canadian Mounted Police Superannuation Act, not holding a rank in the Force who ceased to be a member of the Force before the published date.

Coming into Force

401. This Division comes into force on the date that is published in the Canada Gazette by the Treasury Board under subsection 86(1) of the Enhancing Royal Canadian Mounted Police Accountability Act.