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Bill C-270

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1st Session, 37th Parliament,
49-50 Elizabeth II, 2001

House of Commons of Canada

BILL C-270

An Act to discontinue the retiring allowances payable to members of Parliament under the Members of Parliament Retiring Allowances Act and to include members of Parliament in the Public Service Superannuation Act and to discontinue members' tax free allowances for expenses and include the amount in members' sessional allowances

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short title

1. This Act may be cited as the Members of Parliament Superannuation Act.

R.S., c. M-5

MEMBERS OF PARLIAMENT RETIRING ALLOWANCES ACT

2. The Members of Parliament Retiring Allowances Act is amended by adding the following after section 2.5:

(2.6) Notwithstanding sections 2 to 2.5 or Part II, this Act does not apply to pensionable service after December 31, 2001 and no benefit or allowance is payable to any person in respect of any such service under this Act.

R.S., c. P-1

PARLIAMENT OF CANADA ACT

3. The Parliament of Canada Act is amended by adding the following after section 55.

55.1. In respect of any period commencing on or after January 1, 2002, the amount payable to a member as a sessional allowance shall be the sum of

    (a) the amount otherwise payable to the member as a sessional allowance pursuant to section 55, and

    (b) the amount that would, but for the application of subsection 63(5) be payable to the member as an expense allowance pursuant to subsection 63(3).

4. Section 63 of the Act is amended by adding the following after subsection (4):

(5) Subsection (3) does not apply in respect of any period after December 31, 2001.

R.S., c. P-36

PUBLIC SERVICE SUPERANNUATION ACT

5. Section 5 of the Public Service Superannuation Act is amended by adding the following after subsection (1):

Members of Parliament

(1.1) For the purposes of this Act, a person who holds the position of Senator or member of the House of Commons is deemed to be employed in the Public Service while holding that position, at any time commencing January 1, 2002.

Regulations

(1.2) The Minister may make regulations

    (a) defining any term in this Act in so far as it applies to Senators or members of the House of Commons; and

    (b) as may otherwise be necessary to give effect to subsection (1.1).

6. The Act is amended by adding the following after section 6:

Members of Parliament

(6.1) In determining the pensionable service of a Senator or member of the House of Commons there shall be counted any pensionable service, as defined in the Members of Parliament Retiring Allowances Act, the Senator or member of the House of Commons had accrued under that Act prior to January 1, 2002,

    (a) that is less than six years, and

    (b) in respect of which the Senator or member

      (i) has not elected under that Act to receive a withdrawal allowance,

      (ii) is not entitled to receive a retiring allowance under that Act, and

      (iii) is not entitled to receive an allowance under Part II of that Act.

Coming into force

7. This Act comes into force on December 31, 2001.

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