Law:Royal Canadian Mounted Police Pension Continuation Act

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R.s.c., 1970, c. R-10

An Act to provide for the payment of pensions to certain persons appointed as members of the Royal Canadian Mounted Police before the 1st day of March 1949


Contents

Short Title

Short title

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

1959, c. 34, s. 31.


Interpretation

Definitions

2. (1) In this Act

“child”

« enfant »

“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;

“constable”

« gendarme »

“constable” means any member of the Royal Canadian Mounted Police other than a commissioned officer;

“Force”

« Gendarmerie »

“Force” means the Royal Canadian Mounted Police;

“former Act”

« ancienne loi »

“former Act” means chapter 241 of the Revised Statutes of Canada, 1952 as it was before the 1st day of April 1960;

“Marine Section”

« section maritime »

“Marine Section” means the water transport and personnel of the Force;

“member of the Force” or “member”

« membre de la Gendarmerie » ou « membre »

“member of the Force” or “member” includes the Commissioner and every other officer, non-commissioned officer and man or woman of the Force;

“Minister”

« Ministre »

“Minister” means the Minister for the time having control and management of the Force;

“officer”

« officier »

“officer” means a commissioned officer of the Force;

“pay”

« solde »

“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;

“rank”

« grade » ou pan class="DefinedTermLink" lang="fr" xml:lang« rang »

“rank” means substantive rank or appointment, but does not include acting rank;

“service”

« service »

“service” means service in the Force;

“survivor”

« survivant »

“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).

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.

R.S., 1970, c. R-10, s. 2; 1999, c. 34, s. 216.


Part I. General

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.

1959, c. 34, s. 33.

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.

1956, c. 45, s. 1; 1959, c. 34, s. 35.

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.

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.

Government Employees Compensation Act

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

R.S., 1970, c. R-10, s. 5; 1999, c. 34, s. 217.

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.

R.S., 1952, c. 241, s. 26.

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.

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.

R.S., 1952, c. 241, s. 27; 1953-54, c. 43, s. 3; 1959, c. 34, s. 37.

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.

R.S., 1970, c. R-10, s. 8; 1974-75-76, c. 81, s. 106(F).

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.

1968-69, c. 29, s. 37.


PART II. OFFICERS’ PENSIONS

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.

R.S., 1952, c. 241, s. 44.

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.

R.S., 1952, c. 241, s. 44.

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.

R.S., 1952, c. 241, s. 45.

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.

R.S., 1952, c. 241, s. 46.

Maximum rates

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

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.

R.S., 1952, c. 241, s. 47.

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.

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.

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.

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.

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.

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.

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.

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.

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.

R.S., 1952, c. 241, s. 48; 1959, c. 34, s. 38.

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.

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.

Application of deductions

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

R.S., 1970, c. R-10, s. 16; 1974-75-76, c. 81, s. 68(E).

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.

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.

R.S., 1952, c. 241, s. 50.

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.

R.S., 1952, c. 241, s. 51.

Diversion of payments to satisfy financial support order

18.1 (1) When any court in Canada of competent jurisdiction has made an order requiring an officer in receipt of a pension to pay financial support, amounts payable to the officer under this Part are subject to being diverted to the person named in the order in accordance with Part II of the Garnishment, Attachment and Pension Diversion Act.

Payment deemed to be to officer

(2) For the purposes of this Part, any payment made pursuant to subsection (1) shall be deemed to have been made to the officer in respect of whom the payment was made.

(3)�(Repealed, 2000, c. 12, s. 285)

1980-81-82-83, c. 100, s. 46; 1999, c. 34, s. 218; 2000, c. 12, s. 285.

Pension to survivor and allowances to children

19. (1) Subject to this Part, the Governor in Council may, as to him or her seems fit, grant a pension to the survivor and a compassionate allowance to each of the children of an officer who, having completed ten years of service, was at the time of his death a member of the Force, or who is at the time of his death in receipt of a pension.

If two survivors

(2) If the Minister grants a pension to two survivors, the total amount of the pension shall be apportioned between the two survivors in accordance with subsection 25.1(3).

R.S., 1970, c. R-10, s. 19; 1999, c. 34, s. 219.

When pension or allowance not granted

20. Such pension or compassionate allowance shall not be granted

(a) and (b)�(Repealed, 1992, c. 46, s. 91)

(c) if the survivor began to cohabit with the officer in a relationship of a conjugal nature, or married, the officer after the officer retired;

(d) if, at the time the survivor began to cohabit with the officer in a relationship of a conjugal nature or married the officer, the officer had attained the age of sixty years;

(e) in the case of an officer who married after the 1st day of July 1902, if he was more than twenty-five years older than his wife; or

(f) if the officer died within one year after his marriage, unless he was manifestly in good health at the time of his marriage, and his death was caused by disease or injury not due to causes within his own control, and there are no other objections to the granting of the pension or compassionate allowance.

R.S., 1970, c. R-10, s. 20; 1992, c. 46, s. 91; 1999, c. 34, s. 220.

Election

20.1 (1) Where an officer who is in receipt of a pension has a spouse and, by reason of paragraph 20(c) or (d), a pension could not be granted to the spouse under section 19 in the event of the officer’s death, the officer may elect, at the prescribed time and in the prescribed manner, to reduce the amount of the officer’s pension in order that a pension could be granted to the spouse under subsection (3).

Reduction of pension

(2) If an officer makes an election, the amount of the officer’s pension shall be reduced in accordance with the regulations, but the actuarial present value of both the reduced pension and the pension that could be granted to the spouse under subsection (3) may not be less than the actuarial present value of the officer’s pension immediately before the reduction is made.

Pension to widow

(3) The Minister shall grant a pension to the widow of any officer who makes an election if

(a) the widow was the spouse of the officer both at the time of the election and at the time of death; and

(b) the election has not been revoked under subsection (5).

Amount of pension

(4) The pension granted to a widow under subsection (3) shall be in an amount determined in accordance with the regulations.

Revocation

(5) If an officer who makes an election is subsequently re-appointed to or re-enlisted in the Force and required by subsection 5(1) of the Royal Canadian Mounted Police Superannuation Act to contribute to the Royal Canadian Mounted Police Superannuation Account, the election is deemed to be revoked at the time determined in accordance with the regulations, but otherwise an election is irrevocable.

Section 25.1 does not apply

(6) Section 25.1 does not apply to a widow who is granted a pension under subsection (3).

Regulations

(7) The Governor in Council may make regulations

(a) prescribing the time at which and manner in which an election may be made under subsection (1);

(b) respecting the reduction to be made in the amount of an officer’s pension under subsection (2);

(c) respecting the amount of the pension granted to a widow under subsection (3);

(d) determining the time at which an election is deemed to be revoked under subsection (5); and

(e) generally as the Governor in Council may consider necessary for carrying out the purposes and provisions of this section.

1992, c. 46, s. 92.

Pension of widow one-half of husband’s pension

21. The pension of a widow shall be,

(a) if her husband was at the time of his death a member of the Force, an amount equal to one-half of the pension to which he would have been entitled if he had been retired compulsorily immediately before his death; or

(b) if he was on pension, an amount equal to one-half of such pension.

R.S., 1952, c. 241, s. 54; 1959, c. 34, s. 40.

Rates of allowance to children

22. (1) The compassionate allowance to a child shall be

(a) in the case of the Commissioner, Deputy Commissioner, or an Assistant Commissioner, eighty dollars;

(b) in the case of a superintendent or surgeon, seventy dollars; and

(c) in the case of an inspector, assistant surgeon or veterinary surgeon, sixty-five dollars.

Motherless child

(2) If the child is motherless, the allowance may be doubled.

R.S., 1970, c. R-10, s. 22; 1992, c. 46, s. 93.

Amount to family limited

23. The total amount paid to the survivor and children of an officer during any year shall not exceed the amount of the pension of which the officer was in receipt, or to which he would have been entitled, as the case may be.

R.S., 1970, c. R-10, s. 23; 1999, c. 34, s. 221.

24. (1)�(Repealed, 1992, c. 46, s. 94)

(2)�(Repealed, 1989, c. 6, s. 21)

(3)�(Repealed, 1992, c. 46, s. 94)

No allowance to children over age

25. The compassionate allowance to an officer’s child ceases when the child reaches the age of twenty-one.

R.S., 1970, c. R-10, s. 25; 1989, c. 6, s. 22.

Person considered to be the survivor

25.1 (1) For the purposes of this Act, when a person establishes that he or she was cohabiting in a relationship of a conjugal nature with an officer or former officer for at least one year immediately before the death of the officer or former officer, the person is considered to be the survivor of the officer or former officer.

Person considered to be married

(2) For the purposes of this Act, when an officer or former officer dies and, at the time of death, the officer or former officer was married to a person with whom the officer or former officer 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 officer or former officer on the day established as being the day on which the cohabitation began.

Apportionment of pension when two survivors

(3) When a pension is payable to a survivor and there are two survivors of the officer or former officer, the total amount of the pension shall, subject to subsection (4), be apportioned so that

(a) the survivor referred to in paragraph (a) of the definition “survivor” in subsection 2(1) is entitled to receive the proportion of the pension that the total of the number of years that he or she cohabited with the officer or former officer while married to the officer or former officer and the number of years that he or she cohabited with the officer or former officer in a relationship of a conjugal nature bears to the total number of years that the officer or former officer 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 pension that the number of years that he or she cohabited with the officer or former officer in a relationship of a conjugal nature bears to the total number of years that the officer or former officer cohabited with the survivors, either while married or while in a relationship of a conjugal nature.

Exception

(4) If one of the two survivors is found criminally responsible for the death of the officer or former officer or if, when the officer or former officer dies, it is established to the satisfaction of the Minister that one of the survivors cannot be found, the other survivor shall receive the first survivor’s portion, in addition to his or her own portion.

Death of one of the survivors after apportionment

(5) When one of the two survivors dies after apportionment, the portion of the pension that would have been payable to the survivor who died shall be paid to the remaining survivor in addition to his or her own portion.

1992, c. 46, s. 95; 1999, c. 34, s. 222.

Treasury Board to report

26. No pension or compassionate allowance shall be granted unless the Treasury Board reports that the person to whom it is proposed to grant it is eligible within the meaning of this Part.

R.S., 1952, c. 241, s. 59.

Application of Part

27. This Part applies, instead of the Civil Service Superannuation and Retirement Act,

(a) to every officer appointed to the Force after the 1st day of July 1902; and

(b) to every officer in the Force who is not subject to Part I or II of the Civil Service Superannuation and Retirement Act.

R.S., 1952, c. 241, s. 60.

Deduction from pay under Civil Service Superannuation and Retirement Act

28. Any deduction made from the pay of an officer toward the Civil Service Superannuation Fund or the Civil Service Retirement Fund may, if such officer so elected to accept the provisions of the Mounted Police Officers Pension Act, 1902, be counted as part of the five per cent deduction required by this Part toward making good the pensions aforesaid.

R.S., 1952, c. 241, s. 61.

Officers not subject to this Part

29. Part I or Part II of the Civil Service Superannuation and Retirement Act, as the case may be, continues to apply as heretofore to officers who are not subject to the application of this Part.

R.S., 1952, c. 241, s. 62.

Dismissal

30. Nothing in this Part affects the right of the Governor in Council to dismiss or remove any officer.

R.S., 1952, c. 241, s. 63.

Pension to widow and allowance to children

31. (1) Subject to the provisions hereinafter contained, the Governor in Council may grant a pension to the widow and a compassionate allowance to each of the children of any officer who loses his life in the performance of duty, as a result of hardship, accident, misadventure or violence.

Amount of pension and allowances

(2) The pension of such widow shall be equal to one-half the pay and allowances that would have been permitted her deceased husband for pension purposes, under this Act at the time of his death, irrespective of whether he had qualified for pension by length of service or not, and the compassionate allowance to each child shall be that stipulated in section 22.

Limitations not to apply

(3) The provisions of section 23 do not apply in the case of the widow and children of an officer who loses his life under the conditions set forth in subsection (1).

Provisions applicable

(4) Payments of pension or compassionate allowance granted to the widow and children of an officer under this section are subject to sections 24, 25 and 26.

R.S., 1952, c. 241, s. 64.


PART III. CONSTABLES’ PENSIONS

Constable may be required to retire

32. When any constable has

(a) completed a service of twenty years, or

(b) completed a service of not less than ten years, and has reached the age limit,

the Commissioner may, with the approval of the Governor in Council, require him to retire upon the terms as to pension prescribed under this Part.

R.S., 1952, c. 241, s. 65.

When pensions payable

33. (1) Subject to this Part, when any constable

(a) has completed not less than ten years of service, and is incapacitated from the performance of his duty by infirmity of mind or body, he may be invalided and granted a pension for life; or

(b) has completed not less than twenty years of service, he shall be entitled to retire and receive a pension for life.

Return to service

(2) Any constable who receives a pension before he has completed twenty years of service shall be subject to return to service, as provided by this Part, if he ceases to be incapacitated and has not reached the age limit.

R.S., 1952, c. 241, s. 66.

Amount of pension

34. (1) The pension of a constable on retirement shall be

(a) if he has completed ten but less than twenty-one years of service, one-fiftieth of his annual pay and allowances during the last year of his service for every year of service;

(b) if he has completed twenty-one but less than twenty-five years of service, an annual sum equal to twenty-fiftieths of his annual pay and allowances during the last year of his service, with an addition of two-fiftieths of such pay and allowances for every completed year of service above twenty years; or

(c) if he has completed twenty-five years of service, an annual sum equal to thirty-fiftieths of his annual pay and allowances during the last year of his service with an addition of one-fiftieth of such pay and allowances for every completed year of service above twenty-five years, but the pension shall not exceed two-thirds of such annual pay and allowances.

Amount of allowances for pension purposes

(2) The Governor in Council may by regulation determine the amount of allowances for pension purposes to be received by any constable of the Force, and this subsection shall be and be deemed to have been effective from the 1st day of August 1919.

R.S., 1952, c. 241, s. 67.

Re-engaged pensioner

35. (1) In the event of a pensioner being re-engaged for service in the Force by reason of the existence of a national emergency, including war, his pension shall be discontinued until his re-engagement is terminated by his final discharge from the Force.

Resumption of pension

(2) Notwithstanding anything in this Part, payment of the pension of which any such pensioner was in receipt prior to his re-engagement as aforesaid shall, upon his final discharge from the Force, be immediately resumed; but the Governor in Council may, in his discretion, increase the amount of such pension by an amount equal to one-fiftieth of the annual pay and allowances of which such pensioner was in receipt at the time of his final discharge from the Force for each year or, save as otherwise provided by subsection (3), portion of a year of his service during the period of his re-engagement as aforesaid.

Computation

(3) In determining the period of service of a pensioner under re-engagement as aforesaid for the purposes of subsection (2), service of six months or more but of less than one year shall be counted as one-half of a year’s service, but service of less than six months shall not count for the purposes of any increase of pension; and where in the case of any pensioner no allowances for the rank held by him during re-engagement as aforesaid are prescribed for pension purposes, the Minister may recommend that such amount by way of allowances as may in his opinion be considered fair and just in the circumstances of the case be taken into account for the purpose of computing an increase of the pension of such pensioner under subsection (2).

“Pensioner”

(4) In this section “pensioner” means any constable who, prior to his re-engagement for service in the Force, was in receipt of a pension granted to him under this Act.

R.S., 1952, c. 241, s. 68.

Computation of time of service

36. (1) For the purpose of estimating any pension under this Part,

(a) if the service has not been continuous, the period or periods during which such service has been interrupted shall not be counted; and

(b) neither working pay nor extra pay of any man shall be considered.

Constables’ pensions, World War I

(2) 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.

Civil Service and Customs-Excise Preventive Service

(3) 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.

Time served in provincial police force

(4) 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 constable’s engagement or re-engagement or subsequent to such engagement or re-engagement, may be included in his term of service for the purpose of pension under this Part, if the constable pays the amount required by the Governor in Council.

Permanent forces

(5) Time served in the permanent naval, army or air forces of Canada may also be included in the term of service of a constable for the purposes of pension under this Part.

Service in World War II

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

Refund in case of prior service in provincial force

(7) Where a member of the Force, who has made the payment required under this section in respect of prior service in a provincial police force, is certified by the Commissioner to have been retained in the Force beyond the maximum period of service that may be counted for the purpose of computing a pension under this Part by reason of the war that commenced in September 1939, there may be paid to him, or if he has died, to his legal representatives, an amount that bears the same ratio to the total of the payment made by him in respect of his prior service in the provincial police force, without interest, that the period of his service that may be counted for pension purposes in excess of the maximum period that may be so counted, bears to the total of his prior service in the provincial police force in respect of which he made payment; but the amount payable under this subsection shall not exceed the total amount of the payment made by him in respect of his prior service in the provincial police force.

R.S., 1952, c. 241, s. 69; 1959, c. 34, s. 41.

Report and certificate justifying pension

37. No pension shall be granted to any constable unless a board composed of three officers, the rank of one of whom shall not be less than that of superintendent, has certified to his length of service and conduct, and that other evidence has been adduced before it which justifies the granting of a pension under this Part.

R.S., 1952, c. 241, s. 70.

Certificate of medical board

38. (1) Before a pension is granted to a constable, who after having served for less than twenty years, retires on the ground of his being incapacitated by infirmity of mind or body for the discharge of his duty, a medical board composed of a surgeon, or assistant surgeon, or acting assistant surgeon, or a medical practitioner employed by the Force, and two other legally qualified medical practitioners, shall certify that such constable is so incapacitated and that the incapacity is likely to be permanent.

Evidence of incapacity

(2) Until the liability of a constable to serve again ceases, he shall, when required, furnish satisfactory evidence certified by a legally qualified medical practitioner that such incapacity continues.

R.S., 1952, c. 241, s. 71.

If incapacity ceases

39. If such incapacity ceases before the expiration of such time as would, together with the period of service prior to his retirement, make up a period of twenty years, the constable is liable to serve again in the Force; and if, before the expiration of the said time, he declines so to serve, or if, when serving again, he neglects to perform his duty satisfactorily, being in a competent state of health, he shall forfeit his pension.

R.S., 1952, c. 241, s. 72.

Failure or refusal to be examined

40. If a constable fails or refuses, when required, to be examined by a legally qualified medical practitioner, the Commissioner has the same power of requiring such constable to serve again, and with the approval of the Governor in Council, of declaring forfeited the pension of such constable, as he would have under the foregoing provisions of this Part, if satisfied by the evidence of a legally qualified medical practitioner that the incapacity of such constable had ceased.

R.S., 1952, c. 241, s. 73.

Retirement after renewed service

41. (1) A constable so serving again is entitled to retire at the same time as he would be entitled to retire if the time that elapsed between his retirement and the renewal of his service were service.

Interval not to count

(2) The time so elapsed shall not be reckoned as service in calculating his pension on his retirement.

R.S., 1952, c. 241, s. 74.

Contributory negligence, etc.

42. When a pension is granted to a constable on account of infirmity of mind or body, and such infirmity is certified by a medical board constituted as aforesaid to have been brought about or been contributed to by his own default, or by his vicious habits, and such constable, but for such default or habit, is entitled under this Part to a pension of a fixed amount, the Governor in Council may grant to him a less amount of pension than the said fixed amount to which he would otherwise have been entitled.

R.S., 1952, c. 241, s. 75.

43. (Repealed, 1992, c. 46, s. 96)

Obtaining pensions by false pretences

44. Every constable who obtains any pension under this Part by any false representation or false evidence, or by personation, by malingering or feigning disease or infirmity, or by maiming or injuring himself, or causing himself to be maimed or injured, or otherwise producing disease or infirmity, or by any other fraudulent conduct, is guilty of an offence, and liable, on summary conviction, to imprisonment, with or without hard labour, for a period not exceeding twelve months, or to a fine not exceeding one hundred dollars, and shall forfeit the pension obtained.

R.S., 1952, c. 241, s. 77.

Diversion of payments to satisfy financial support order

44.1 (1) Where any court in Canada of competent jurisdiction has made a financial support order requiring a constable in receipt of a pension to pay an amount to a spouse, former spouse, child or other person, amounts payable to the constable under this Part are subject to being diverted to the person named in the financial support order in accordance with Part II of the Garnishment, Attachment and Pension Diversion Act.

Payment deemed to be to constable

(2) For the purposes of this Part, any payment made pursuant to subsection (1) shall be deemed to have been made to the constable in respect of whom the payment was made.

Garnishment, Attachment and Pension Diversion Act

(3) 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.

1980-81-82-83, c. 100, s. 47; 1999, c. 34, s. 223.

Pensions to widows and compassionate allowances to children

45. (1) Subject to the provisions hereinafter contained, the Governor in Council may grant a pension to the widow and a compassionate allowance to each of the children of any constable who loses his life in the performance of duty, as a result of hardship, accident, misadventure or violence.

Amount of pensions and allowances

(2) The pension of a constable’s widow shall be equal to one-half the pay and allowances which would have been permitted her deceased husband for pension purposes, under this Act, at the time of his death, irrespective of whether he had qualified for pension by length of service or not, and the compassionate allowance to each child shall be sixty dollars per annum.

Provisions applicable

(3) Payments of pension or compassionate allowance granted to the widow and children of a constable under this section are subject to sections 24, 25 and 26.

R.S., 1952, c. 241, s. 78.


PART IV. WIDOWS’ AND ORPHANS’ PENSIONS

Application

46. This Part applies to

(a) every constable appointed after the 1st day of October 1934; and

(b) every constable on the Force on the 1st day of October 1934 who elects to contribute under the provisions of section 47.

R.S., 1952, c. 241, s. 79.

Minimum contribution

47. (1) For the purpose of providing the cost of benefits payable under this Part, every person to whom this Part applies shall contribute, by deduction out of his pay, five per cent of the stated rate of pay of his rank.

Leave of absence

(2) In any month in which, due to leave of absence or any other cause, the actual pay of any such person is not at least equal to the contributions to be deducted out of his pay in that month under the provisions of this and the following sections, then no part of the contributions for that month shall be deducted out of his pay, if any, but he may nevertheless pay into the Consolidated Revenue Fund the full contributions required for that month and if paid after the due date he shall include interest for the period of the delay in payment at the rate of four per cent per annum.

Optional supplementary contribution

(3) Every such person may at any time authorize a supplementary deduction to be made from his pay in accordance with the following table:


45 .......2.89
Age, last preceding birthday, on commencement of supplementary contribution Supplementary contribution per month
20 years and under ....... $ 0.68  
 1 ....... 0.75
 2 ....... 0.82
 3 ....... 0.89
 4 ....... 0.96
 
25 ....... 1.03
 6 ....... 1.10
 7 ....... 1.17
 8 ....... 1.25
 9 ....... 1.33
 
30 ....... 1.41
 1 ....... 1.49
 2 ....... 1.57
 3 ....... 1.65
 4 ....... 1.73
 
35 ....... 1.82
 6 ....... 1.91
 7 ....... 2.01
 8 ....... 2.11
 9 ....... 2.21
 d class="n
40 ....... 2.31
 1 ....... 2.42
 2 ....... 2.53
 3 ....... 2.65
 4 ....... 2.77
 

Contributions to be applied to purchase benefits

(4) The contributions from time to time so made by every such person, as well as any other contributions made under this Part, shall in effect be used as and when made to purchase benefits to become payable consequent on the death of such person, whenever death may occur, to or in respect of his widow or children if survived by a widow or children and to or in respect of his children and other dependants if such person is not survived by a widow.

Bases of purchase

(5) The benefits mentioned in subsection (4) shall be as defined and described in section 48, and the said contributions shall be applied in accordance with that section and the schedule to this Part to purchase the said benefits.

Election to contribute

(6) Subject to subsection (7) any constable on the Force on the 1st day of October 1934 who does not elect within eight months to contribute under subsection (1) shall not thereafter become subject to this Part unless the Commissioner is satisfied that the health of such constable is such as would be satisfactory for enlistment in the Force.

Extension of time

(7) If due to remoteness of location or difficulties of communication any constable, in the opinion of the Commissioner, may not have had a reasonable opportunity within the eight months period of electing to so contribute, the Commissioner may extend the period of election of such constable for such period as the Commissioner may deem reasonable.

“Child”

(8) For the purposes of this and the following sections, “child” means a child of a person to whom this Part applies, including a stepchild and an adopted child, who

(a) is less than twenty-one years of age; or

(b) is twenty-one or more years of age but less than twenty-five years of age, and is in full-time attendance at a school or university, having been in such attendance substantially without interruption since the child reached twenty-one years of age or the person to whom this Part applies died, whichever occurred later.

R.S., 1970, c. R-10, s. 47; 1974-75-76, c. 81, s. 69; 1989, c. 6, s. 23.

Benefits payable on death

48. (1) Consequent on the death of every person to whom this Part applies there shall, subject to this Part, be paid the following benefits, namely,

(a) if such person is survived by a widow, a pension to her for life in such an amount as may be purchased by the contributions made by such person, always taking into account the other benefits to be purchased out of the said contributions as provided in paragraphs (b) and (c);

(b) in respect of each child surviving such person, an annuity, payable to the end of the month in which he ceases to be a child, in such an amount as has been or may be purchased by twenty-five per cent of the contributions from time to time made or such lesser percentage of the contributions as may be sufficient to bring the child’s annuity up to seven per cent of the pay of the rank of such person, except that the annuity payable in respect of an orphan child shall be double the annuity otherwise payable to a child, but a double annuity shall not be paid in respect of a child during the life-time of the stepmother of the child nor shall a double annuity be payable in respect of an adopted child of such person during the lifetime of the widow of such person; and

(c) if such person is not survived by a widow, a lump sum to be used as hereinafter provided, the amount of the lump sum being determined as follows, namely, the lump sum shall equal in value a pension to a female life aged twenty years older than such person at his death but not exceeding the age of seventy-five years, the annual amount of the said pension being the same as the widow’s pension would be if such person were survived by a widow.

(2)�(Repealed, 1989, c. 6, s. 24)

Marriage after termination of service

(3) Where any such person marries after termination of service in the Force and dies within five years after his marriage, the value of the pension to his widow shall not exceed the lump sum benefit that would be payable if he were not survived by a widow unless within the said five years he establishes to the satisfaction of the Commissioner that he is in sound health.

Marriage after age 60

(4) Where any such person marries after the age of sixty years, the value of the pension to his widow shall not exceed the lump sum benefit that would be payable if he were not survived by a widow.

Maximum benefit

(5) The annual total of the pension to the widow and of the annuities to the children of any such person shall not exceed seventy per cent of the final annual rate of pay and allowances for pension purposes of such person.

R.S., 1970, c. R-10, s. 48; 1974-75-76, c. 81, s. 70; 1989, c. 6, s. 24.

Disposition of benefit if no widow surviving

49. (1) Where any such person is not survived by a widow, the Minister shall, having regard for all the circumstances, determine the dependants and relatives of such person who are in his opinion best entitled to share in the lump sum benefit as defined under paragraph 48(1)(c), and he shall determine the proportion to which each is entitled and the manner and time of payment, whether as an annuity for life or for a term of years or in any other manner, and payment of the benefit or benefits shall be made accordingly; but the value of the benefits so determined by the Minister shall not exceed the said lump sum.

Idem

(2) For the purposes of subsection (1), the Minister is not bound by any expressed wish or instrument in writing of such person in regard to the disposition of the said lump sum, but the Minister shall, nevertheless, take into consideration any such expressed wish or instrument in writing.

Where no dependant

(3) Where it appears to the Minister that there is no dependant, relative or other person who has any special claim to share in the said lump sum, then he shall direct payment thereof to be made to the estate of the deceased.

Residual amounts

(4) Where any such person is survived by a widow who, either before or after the 1st day of April 1960, has died, and there is no person to whom any annuity may be paid under this Part, any amount by which the amount of the contributions made by such person under this Part exceeds the aggregate of all amounts paid to the widow and any surviving children of such person under this Part shall be paid to the dependants and relatives of such person, in such shares as the Minister considers equitable and proper in the circumstances, or to any of them, as the Minister may direct, and in respect of any such payment subsections (1) and (2) apply mutatis mutandis.

R.S., 1952, c. 241, s. 82; 1959, c. 34, s. 42.

Lump sum contribution for prior service

50. (1) Every person who, at the date he becomes subject to this Part, has to his credit a period of prior service, countable for pension purposes under Part III, may contribute under this Part in respect of such period of service such an amount in one lump sum as would, if applied as of the said date to purchase benefits in the manner in which contributions are required to be applied to purchase benefits under sections 47 and 48, result in the purchase of a widow’s pension equal to one and one-half per cent of the pay of such person at the said date for each year of such prior service, including therein any unsurrendered widow’s pension purchased under this Part during such prior service.

Penalty for delay in making contribution

(2) Any such person who does not contribute the amount computed in accordance with subsection (1) within one year after becoming subject to this Part may at any time thereafter while a member of the Force contribute the said amount provided the Commissioner is satisfied that the health of such person is such as would be satisfactory on enlistment in the Force and subject to an addition to the said amount of two per cent thereof for each complete year or part thereof elapsed from the said date, excluding the first such year, but any amount so added shall not be deemed to be a part of the contribution for the purposes of computing any benefit or any refund of contribution payable under this Part; the terms of subsection 47(7) apply to this subsection.

Benefits determined in accordance with section 48

(3) Instead of contributing the full amount determined in respect of such period of service as provided hereinbefore in this section, any such person may contribute any portion thereof and in event of his death there shall become payable benefits determined in accordance with section 48.

Payable in instalments

(4) Any lump sum contribution to be made under this section may be liquidated in equal monthly instalments of equivalent value during a term of years or until the earlier death of such person or for the whole lifetime of such person, and for the purpose of computing benefits hereunder the lump sum contribution shall be deemed to have been paid on the date of payment of the first monthly instalment.

Instalments deductible from pay and pension

(5) The monthly instalment payments shall be deducted from the pay of such person and any payments thereof falling due after the date of pension of such person shall be deducted from his pension, but the whole or any portion of such monthly instalment payments may at any time be commuted and paid in one sum.

R.S., 1952, c. 241, s. 83.

Additional contribution on promotion optional

51. (1) Any person to whom this Part applies may within one year after confirmation of promotion to any non-commissioned rank, contribute in one lump sum an amount which, when applied to purchase benefits in the manner in which contributions are required to be applied to purchase benefits under sections 47 and 48, will be sufficient, together with the contributions made prior to promotion in accordance with sections 47 and 50 and in accordance with this section, if any, to provide in respect of his service a widow’s pension equal to one and one-half per cent of the pay of his new rank for each year of such service, including therein any widow’s pension already purchased under this Part; the terms of subsection 47(7) apply to this subsection.

Application of ss. 50(2), (3), (4) and (5)

(2) Subsections 50(2), (3), (4) and (5) apply mutatis mutandis to the payment of any such amount.

R.S., 1952, c. 241, s. 84.

Status after ceasing to be constable

52. Where the service of any person to whom this Part applies terminates, or where he is promoted to a commissioned rank

(a) he may continue to pay any instalments of contributions being paid by him under section 50 or 51 and in event of his death there shall become payable benefits determined in accordance with section 48, but if payment of any such instalment of contributions is discontinued before completion thereof a reduction shall be made in the value of the prospective benefits so determined as of the date of discontinuance of the instalment payments equivalent to the value of the instalments unpaid as of the said date, or

(b) he may, at the date of such termination of service or at the date of termination of service after promotion as aforesaid, or, in either case, at any time thereafter, in satisfaction of all other rights, benefits and equities under this Act, withdraw in one sum the amount of his contributions made under this Part without interest, less the value of the instalment payments of contribution, if any, at the date of discontinuance thereof, being made by him under sections 50 and 51.

R.S., 1952, c. 241, s. 85.

Benefits payable monthly

53. Pension and annuity benefits granted under this Part are payable monthly, except that where the monthly amount is small, the payment may be made quarterly, half-yearly or annually in accordance with regulations made in that behalf.

R.S., 1952, c. 241, s. 86.

Child’s annuity payable to mother or other person having care of child

54. (1) A child’s annuity is payable to the mother of the child or to such other person as may for the time being have the custody of the child, but if the Minister is satisfied that due to any special circumstances it would be in the interests of the child so to do, he may direct that the annuity shall be paid to any other person, society, institution or local authority to be administered for the benefit of the child.

(2)�(Repealed, 1992, c. 46, s. 97)

R.S., 1970, c. R-10, s. 54; 1992, c. 46, s. 97.

Payments to and from C.R.F.

55. (1) All contributions under this Part shall be paid into the Consolidated Revenue Fund and all payments made under this Part shall be made from that Fund.

R.C.M.P. (Dependants) Fund

(2) For the purposes of this Part, there shall be kept in accordance with the direction of the Minister of Finance an account to be called the Royal Canadian Mounted Police (Dependants) Pension Fund to which shall be credited all contributions made under this Part and against which shall be charged all pensions, annuities and other benefits paid under this Part.

Interest on balance

(3) Interest shall be added to the balance from time to time standing to the credit of the account referred to in subsection (2) at such rate and calculated in such manner as the Governor in Council by regulation prescribes.

Examination by Auditor General

(4) The Fund shall be annually examined by the Auditor General of Canada, and a statement of the Fund and of the transactions thereunder for the year shall, together with the report of the Auditor General thereon, be laid before Parliament.

R.S., 1970, c. R-10, s. 55; 1974-75-76, c. 81, s. 71; 1976-77, c. 34, s. 30(F).

Valuation every 5 years or oftener

56. (1) The Minister of Finance shall cause a valuation of the assets and liabilities of the Fund to be made as at March 31, 1939 and every five years thereafter, by an actuary qualified to make valuations for fraternal benefit societies registered under the laws of Canada to transact business in Canada, and the said Minister may in like manner cause a valuation to be made at such times during the currency of any quinquennial period as he may think fit.

Report on valuation

(2) The actuary shall report to the Minister of Finance and in his report he shall describe the data and processes used in his investigation and the bases of the valuation and shall show in summary form the data and the results of the investigation and valuation, and shall make recommendations for the disposal of any surplus or for the removal of any deficiency or in respect of any other matters that may come to his attention in the course of his investigation as may to him appear necessary or desirable.

Report to Parliament

(3) Every such report shall be laid before Parliament as soon as possible after it is made.

R.S., 1952, c. 241, s. 89.

Substantial increase or decrease in Fund

57. (1) Where it appears from a report made under section 56 that the Fund is substantially in excess of the amount required to make adequate provision for the prospective payments to be made out of it, the Governor in Council may by order increase the benefits provided in this Part, or any of them, in such manner as may appear equitable and expedient, or if it appears that the Fund is less than the said amount, the Governor in Council may direct that there be credited to the Fund out of any unappropriated moneys in the Consolidated Revenue Fund such amount as may appear equitable and expedient so as to re-establish the solvency of the Fund.

Amendment to Tables

(2) The Governor in Council, on the recommendation of the Minister of Finance, may by order amend the Tables in the schedule to this Part, but no amendment to the Tables affects any benefits theretofore purchased.

Order submitted to Parliament

(3) Any order made under this section shall be laid before Parliament as soon thereafter as may be.

R.S., 1952, c. 241, s. 90.

Contributions exempt from taxation

58. Every person to whom this Part applies is entitled in making a return of his income for the purposes of taxation under any Act of the Parliament of Canada, to claim exemption from taxation in respect of any contributions made under this Part by deduction out of his pay during the taxation period in respect of which the return is made.

R.S., 1952, c. 241, s. 91.

Regulations

59. The Governor in Council may make regulations

(a) prescribing the bases for determining the value of the lump sum benefit when any person subject to this Part is not survived by a widow and for determining the value of benefits payable in lieu of the said lump sum;

(b) prescribing the bases for computing instalment payments of lump sum contributions and the commutation of such instalment payments;

(c) prescribing bases for computing the reduction of benefits as a consequence of discontinuance of instalment payments of any lump sum contribution;

(c.1) defining, for the purposes of this Act, the expression “full-time attendance at a school or university” as applied to a child of a member of the Force;

(c.2) specifying, for the purposes of this Act, the circumstances under which attendance at a school or university shall be determined to be substantially without interruption;

(c.3) prescribing the rate at which and the manner in which the interest to be credited to the Royal Canadian Mounted Police (Dependants) Pension Fund shall be calculated;

(d) prescribing rules and procedure so far as may be necessary for making all computations hereunder; and

(e) generally for carrying this Part into effect or for any other purpose deemed necessary to give effect to the terms of this Part.

R.S., 1970, c. R-10, s. 59; 1974-75-76, c. 81, s. 72.

Schedule To Part Iv

Contributions Required To Purchase Benefits Described In Section 48


Table I

Showing the contribution required to purchase an annuity of ten dollars per annum (payable monthly) to each child surviving a member of the Force payable to the end of the month in which he ceases to be a child, the annuity being twenty dollars per annum in respect of an orphan child, subject to section 48.


 9 ....... 8.31
Age of member of the Force at date contribution is made Amount of contribution (lump sum) required to purchase the above benefit
18 and under ....... $10.46  
19 ....... 10.92
20 ....... 11.41
 1 ....... 11.91
 2 ....... 12.44
 3 ....... 12.99
 4 ....... 13.57
25 ....... 14.18
 6 ....... 14.68
 7 ....... 15.14
 8 ....... 15.53
 9 ....... 15.87
30 ....... 16.14
 1 ....... 16.36
 2 ....... 16.52
 3 ....... 16.63
 4 ....... 16.70
35 ....... 16.72
 6 ....... 16.71
 7 ....... 16.65
 8 ....... 16.55
 9 ....... 16.42
40 ....... 16.24
 1 ....... 16.03
 2 ....... 15.78
 3 ....... 15.50
 4 .......d class="noBorderBottom top alignc15.19
45 ....... 14.84
 6 ....... 14.46
 7 ....... 14.05
 8 ....... 13.62
 9 ....... 13.17
50 ....... 12.71
 1 ....... 12.23
 2 ....... 11.74
 3 ....... 11.23
 4 ....... 10.73
55 ....... 10.22
 6 .......  9.71
 7 .......  9.22
 8 .......  8.75

NOTE. — The above table shall be applied in computing benefits in effect as follows:

(1) the age of the member shall be taken to the nearest month at date the contribution is made, and

(2) an adjustment shall be made in the values in the second column of the above Table corresponding to the age of the member so determined.


Table Ii

Showing the contribution required to purchase a life annuity of ten dollars per annum (payable monthly) to the widow of a member of the Force, if survived by a widow, and a life annuity of like amount, if he is not survived by a widow, payable to a female aged twenty years more than the member of the Force at his death but not exceeding the age of seventy-five years.


 9 .......59.35
Age of member of the Force at date contribution is made Amount of contribution (lump sum) required to purchase the above benefit
18 and under ....... $27.04  
19 ....... 27.51
20 ....... 27.98
 1 ....... 28.46
 2 ....... 28.96
 3 ....... 29.47
 4 ....... 30.01
25 ....... 30.56
 6 ....... 31.13
 7 ....... 31.72
 8 ....... 32.33
 9 ....... 32.98
30 ....... 33.64
 1 ....... 34.34
 2 ....... 35.07
 3 ....... 35.82
 4 ....... 36.60
35 ....... 37.41
 6 ....... 38.24
 7 ....... 39.10
 8 ....... 39.97
 9 ....... 40.86
40 ....... 41.76
 1 ....... 42.68
 2 ....... 43.62
 3 ....... 44.57
 4 ....... 45.54
45 ....... 46.51
 6 ....... 47.47
 7 ....... 48.44
 8 ....... 49.41
 9 ....... 50.38
50 ....... 51.34
 1 ....... 52.30
 2 ....... 53.25
 3 ....... 54.19
 4 ....... 55.12
55 ....... 56.03
 6 ....... 56.93
 7 ....... 57.77
 8 ....... 58.57

NOTE. — The above table shall be applied in computing benefits in effect as follows:

(1) the age of the member shall be taken to the nearest month at date the contribution is made, and

(2) an adjustment shall be made in the values in the second column of the above Table corresponding to the age of the member so determined.

R.S., 1970, c. R-10, Sch. to Part IV; 1974-75-76, c. 81, s. 73.


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