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Bill C-78

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	Payments to Survivors , Children and Other Beneficiaries
Lump sum payments	15. Where, in this Part, it is provided that the survivor and children of a contributor are entitled jointly to a return of contributions or an amount described in paragraph 14(b), the total amount shall be paid to the survivor of the contributor except that
	(a) if at the time of the death of the contributor all of the children were eighteen years of age or over and at the time the payment is to be made the survivor is dead or cannot be found, the total amount shall be paid to the children in equal shares;
	(b) if at the time of the death of the contributor any of the children were less than eighteen years of age, and the contributor died without leaving a survivor or at the time the payment is to be made the survivor is dead or cannot be found, the total amount shall be paid to the children in the shares that the Minister considers equitable and proper under the circumstances, or to any of them, as the Minister may direct;
	(c) if any of the children who were less than eighteen years of age at the time of the death of the contributor are living apart from the contributor's survivor at the time the payment is to be made, the total amount shall be paid to the survivor and the children so living apart from the survivor in such shares as the Minister considers equitable and proper under the circumstances, or to the survivor or any of the children so living apart, as the Minister may direct; and
	(d) if the contributor died without leaving any children and at the time the payment is to be made the contributor's survivor is dead or cannot be found, or if the contributor died without leaving a survivor and at the time the payment is to be made all of the children are dead or cannot be found, the total amount shall be paid
	(i) if the contributor, pursuant to any regulations made under section 26, named his or her estate or succession as beneficiary or named another beneficiary who may be named under those regulations and the beneficiary survives the contributor, to the beneficiary, and
	(ii) in any other case, to the estate or succession of the contributor or, if less than one thousand dollars, as the Minister may direct.
Apportion- ment when two survivors	15.1 (1) If there are two survivors of a contributor, the share of the total amount referred to in section 15 to be paid to the survivor referred to in paragraph (a) of the definition ``survivor'' in subsection 3(1) and the share to be paid to the survivor referred to in paragraph (b) of that definition shall be paid as the Minister may direct.
Share may be nil	(2) Nothing in subsection (1) is to be read as limiting the Minister's power to direct that the share of one or other of the survivors under that subsection is nil.
	184. Subsection 17(2) of the Act is repealed.
1992, c. 46, s. 72	185. Section 18 of the Act is replaced by the following:
Person considered to be the survivor	18. (1) For the purposes of this Part, when a person establishes that he or she was cohabiting in a relationship of a conjugal nature with the contributor for at least one year immediately before the death of the contributor, the person is considered to be the survivor of the contributor.
Person considered to be married	(1.1) For the purposes of this Part, when a contributor dies and, at the time of death, the contributor was married to a person with whom the contributor had been cohabiting in a relationship of a conjugal nature for a period immediately before the marriage, that person is considered to have become married to the contributor on the day established as being the day on which the cohabitation began.
When survivor not to receive annual allowance - waiver	(2) A survivor is not entitled to receive an annual allowance if the survivor makes an irrevocable waiver under subsection (3).
Permitted waivers	(3) A survivor may make an irrevocable waiver in writing only if it results in
	(a) an increase in the allowance payable to a child under paragraph 13(1)(b); or
	(b) a benefit being paid under section 22.
Time for waiver	(4) A waiver must be made no later than three months after the survivor is notified of his or her entitlement to an allowance under this Act and takes effect as of the date of the death of the contributor.
When survivor not to receive benefits - criminal responsibility for death	(5) A survivor is not entitled to receive any benefit under this Act with respect to the contributor when the contributor dies and the survivor is found criminally responsible for the death.
When survivor not to receive annual allowance - missing survivor	(6) A survivor is not entitled to receive an annual allowance when the contributor dies if it is established to the satisfaction of the Minister that the survivor cannot be found.
Apportion- ment of allowance when two survivors	(7) When an annual allowance is payable under paragraph 13(1)(a) and there are two survivors of the contributor, the total amount of the annual allowance shall be apportioned so that
	(a) the survivor referred to in paragraph (a) of the definition ``survivor'' in subsection 3(1) is entitled to receive the proportion of the annual allowance that the total of the number of years that he or she cohabited with the contributor while married to the contributor and the number of years that he or she cohabited with the contributor in a relationship of a conjugal nature bears to the total number of years that the contributor so cohabited with the survivors; and
	(b) the survivor referred to in paragraph (b) of that definition is entitled to receive the proportion of the annual allowance that the number of years that he or she cohabited with the contributor in a relationship of a conjugal nature bears to the total number of years that the contributor cohabited with the survivors, either while married or while in a relationship of a conjugal nature.
Years	(8) In determining a number of years for the purposes of subsection (7), part of a year shall be counted as a full year if the part is six or more months and shall be ignored if it is less.
Death, etc. of one of the survivors	(9) When one of the survivors referred to in subsection (7) dies or is not entitled to receive a benefit under this Act when the contributor dies, the portion of the annual allowance that would have been payable to the survivor who died or is not entitled shall be paid to the remaining survivor in addition to his or her own portion.
1992, c. 46, s. 73	186. (1) Subsection 19(1) of the Act is replaced by the following:
Marriage, etc., after sixty years of age	19. (1) Subject to section 14.1 but notwithstanding any other provision of this Part, the survivor of a contributor is not entitled to an annual allowance in respect of the contributor under this Part if at the time the contributor married the survivor or began to cohabit with the survivor in a relationship of a conjugal nature, the contributor had attained the age of sixty years unless, after that time, that person became or continued to be a contributor.
	(2) Subsection 19(3) of the Act is replaced by the following:
Death within one year of marriage	(3) Notwithstanding anything in this Part, when a contributor dies within one year after marriage, no annual allowance is payable to the survivor or children of that marriage unless it is established to the satisfaction of the Minister that the contributor was at the time of marriage in such a condition of health as to justify the contributor in having an expectation of surviving for at least one year after the marriage .
	(3) Subsection 19(6) of the Act is replaced by the following:
Transitional	(6) Notwithstanding anything in this Act, no person is entitled to an allowance under this Part by virtue of being or being deemed to be the survivor of a female contributor if the contributor was not a member of the Force on or after December 20, 1975, and section 2 does not apply in respect of this subsection.
1989, c. 6, s. 28	187. Section 19.1 of the Act is repealed.
	188. Section 20 of the Act is amended by adding the following after subsection (3):
Garnishment, Attachment and Pension Diversion Act	(4) For the purposes of Part II of the Garnishment, Attachment and Pension Diversion Act, all survivors within the meaning of this Act are deemed to be included in the definition ``recipient'' in subsection 32(1) of that Act.
	189. The portion of section 23 of the Act before paragraph (b) is replaced by the following:
Persons re-appointed to or re-enlisted in the Force	23. If a person who has become entitled to an annuity or annual allowance under this Part or a pension under Part V of the former Act by virtue of having served in the Force is re-appointed to or re-enlisted in the Force and becomes a contributor under this Part, whatever right or claim that he or she may have had to that annuity, annual allowance or pension, in this section referred to as the ``original annuity'', shall then cease and the period of service on which the original annuity was based may be counted by him or her as pensionable service for the purposes of this Part, except that
	(a) if, on subsequently ceasing to be a member of the Force, he or she exercises an option under this Part in favour of a return of contributions, or is not entitled under this Part to any benefit other than a return of contributions, the amount returned shall not include any amount paid into the Superannuation Account or the Royal Canadian Mounted Police Pension Fund to his or her credit at any time before the time of his or her re-appointment to or re-enlistment in the Force, and whatever right or claim that, but for this section, he or she would have had to the original annuity on subsequently ceasing to be a member of the Force shall then be restored to him or her ; and
	190. (1) Paragraph 24(1)(b) of the Act is amended by striking out the word ``and'' at the end of subparagraph (ii) and by replacing subparagraph (iii) with the following:
	(iii) if that period or any portion of it was after March 31, 1969 but before January 1, 2000 , in the manner and at the rates set forth in subsection 5(1) as it reads on December 31, 1999 , in respect of that period or portion,
	(iv) if that period or any portion of it was after 1999 but before January 1, 2004, in the manner and at the rates set out in subsection 5(1), in respect of that service or portion, and
	(v) if that period or any portion of it was after December 31, 2003, in the manner and at the rates determined under subsection 5(2), in respect of that service or portion ,
	(2) Subsections 24(6) to (8) of the Act are replaced by the following:
Repayment of certain benefits	(6) When a person to whom subsection (4) applies elects, pursuant to subsection (5), to surrender the annuity, annual allowance or pension referred to in subsection (4), the person so electing shall pay an amount equal to the amount of the annuity, annual allowance, pension or supplementary retirement benefit paid to him or her for any period commencing in any month commencing after he or she has been a contributor under this Part for one year, together with simple interest at four per cent per annum and the amount so paid shall be
	(a) if the election is made before April 1, 2000 , credited to the account maintained in the accounts of Canada pursuant to Part I of the Public Service Superannuation Act or pursuant to Part I of the Canadian Forces Superannuation Act; or
	(b) if the election is made on or after April 1, 2000, paid into the Public Service Pension Fund within the meaning of the Public Service Superannuation Act, the Canadian Forces Pension Fund within the meaning of the Canadian Forces Superannuation Act, or credited to one of the accounts referred to in paragraph (a), according to the fund or account from which the annuity, annual allowance, pension or supplementary retirement benefit was originally paid.
Amount to be credited to Superannua- tion Account	(7) On the making of an election under this section before April 1, 2000 by which the person so electing is required by this Part to pay for a period of service of the kind described in paragraph (1)(a), there shall be charged to the account in the accounts of Canada maintained pursuant to the Public Service Superannuation Act or the Canadian Forces Superannuation Act, as the case may be, and credited to the Superannuation Account in respect of that person, an amount equal to the amount determined under subparagraph (1)(a)(ii).
Amount of return of contributions	(8) For the purposes of the Public Service Superannuation Act or the Canadian Forces Superannuation Act, as the case may be, the amount of any return of contributions or other lump sum payment that is or may become payable under that Act to or in respect of that person with respect to an election before April 1, 2000 shall be deemed to be the amount otherwise determined under that Act minus the amount required by subsection (7) to be credited to the Superannuation Account on the making of the election.
Amount to be paid	(9) Subsections (7) and (8) apply, with any modifications that the circumstances require, to an election made on or after April 1, 2000, and a reference to ``the account in the accounts of Canada maintained pursuant to the Public Service Superannuation Act or the Canadian Forces Superannuation Act'' shall be read as a reference to ``the Public Service Pension Fund or the Canadian Forces Pension Fund'' in respect of contributions made by the person to that fund and a reference to ``the Superannuation Account'' shall be read as a reference to the ``Royal Canadian Mounted Police Pension Fund''.
	191. The Act is amended by adding the following after section 24:
	Transfer Agreements
Definition of ``eligible employer''	24.1 (1) In this section, ``eligible employer'' means an employer for the benefit of whose employees there is a pension plan or retirement savings plan of a class prescribed by regulations made under paragraph 26.1(1)(h.3), and includes the administrator of any such pension plan or retirement savings plan.
Authority to enter into agreement	(2) The Minister may, on terms approved by the Treasury Board, enter into an agreement with any eligible employer that
	(a) requires the Minister to pay to the employer, for the purpose of any plan referred to in subsection (1), an amount determined in accordance with subsection (3) in respect of any contributor who has ceased or ceases to be a member of the Force and is or becomes employed by that employer; and
	(b) may provide that any eligible employer pay into the Superannuation Account or the Royal Canadian Mounted Police Pension Fund an amount determined in accordance with the agreement in respect of any person who has ceased or ceases to be employed by that employer and is or becomes a member of the Force.
Authority to transfer contributions	(3) When a contributor ceases to be a member of the Force and is or becomes employed by any eligible employer with whom the Minister has entered into an agreement pursuant to subsection (2), there may be paid, subject to the terms and conditions that the agreement provides and if the agreement so provides, to that employer
	(a) out of the Superannuation Account
	(i) amounts equal in the aggregate to
	(A) an amount not exceeding the value, actuarially calculated in accordance with the agreement, of all benefits accrued under this Part and Part III in respect of the pensionable service to the credit of the contributor before April 1, 2000, and
	(B) an amount representing interest on the amount determined in accordance with clause (A) as of the date of payment to the eligible employer that the Minister determines, or
	(ii) the benefits payable under this Part and Part III to or in respect of the contributor, as they become payable, in respect of the pensionable service to the credit of the contributor before April 1, 2000; and
	(b) out of the Royal Canadian Mounted Police Pension Fund
	(i) amounts equal in the aggregate to
	(A) an amount not exceeding the value, actuarially calculated in accordance with the agreement, of all benefits accrued under this Part and Part III in respect of the pensionable service of the contributor on or after April 1, 2000 or that comes to the credit of the contributor on or after that date, and
	(B) an amount representing interest on the amount determined in accordance with clause (A) as of the date of payment to the eligible employer that the Minister determines, or
	(ii) the benefits payable under this Part and Part III to or in respect of the contributor, as they become payable, in respect of the pensionable service to the credit of the contributor on or after April 1, 2000 or that comes to the credit of the contributor on or after that date.
Consent of contributor	(4) No payment shall be made pursuant to subsection (3) except with the consent in writing of the contributor.
Non- applicability of subsection 9(7)	(5) Subsection 9(7) does not apply in respect of a payment made pursuant to subsection (3).
No benefit payable in respect of transferred contributions	(6) Subject to any regulations made under paragraph 26.1(1)(h.3), if, under paragraph (3)(a), the Minister makes a payment to an eligible employer in respect of an employee, the employee ceases to be entitled to any benefit under this Part or Part III in respect of the period of pensionable service to which that payment relates.
Payment of difference	(7) Subject to subsection (8), if the amount paid by the Minister to an eligible employer pursuant to subsection (3) in respect of an employee is less than the commuted value that would be calculated in respect of that employee in accordance with section 12.1, whether or not the employee would otherwise be entitled to the commuted value, the Minister shall pay an amount equal to the amount of the difference to the employee in accordance with subsection 12.1(1).
Payment of difference	(8) If the amount paid by the Minister to an eligible employer pursuant to subsection (3) in respect of an employee is less than the return of contributions to which that employee would otherwise be entitled under section 11, the Minister shall pay to the employee an amount equal to the amount of the difference.
Service countable by person becoming a member of the Force	(9) If an employee of any eligible employer with whom the Minister has entered into an agreement under subsection (2) has ceased to be employed by that employer and is or becomes a member of the Force, any service of that employee that, at the time of leaving that employment, the employee was entitled to count for the purpose of any plan referred to in subsection (1) established for the benefit of employees of that employer may, if the agreement so provides, be counted by the employee as pensionable service for the purposes of section 6, to the extent and subject to the terms and conditions provided in the regulations, if the employer pays into the Superannuation Account or the Royal Canadian Mounted Police Pension Fund the amount that is required under the agreement to be so paid by that employer in respect of the employee.
1992, c. 46, s. 75	192. Subsections 25.1(1) to (3) of the Act are replaced by the following:
Advisory committee	25.1 (1) The Minister shall establish a committee, to be known as the Royal Canadian Mounted Police Pension Advisory Committee, the members of which are appointed by the Minister in accordance with subsection (2), to advise and assist the Minister on matters arising in connection with the operation of this Act.

Bill C-78

Payments to Survivors , Children and Other Beneficiaries

Transfer Agreements