Canons of the Diocese of Montreal

Canon 24 - Main Page

• Section 1
• Section 2
• Section 3
• Section 4
• Section 5
• Section 6
• Section 7
• Section 8
• Section 9
• Section 10
• Section 11
• Section 12
• Section 13
• Section 14
• Schedule A
• Schedule B

5.1 Subject to Section 5.2, the annual pension payable to a Member or Past Member on the Normal Pension Date as defined in Section 4.1. shall be the amount shown in Column (1) of Schedule A multiplied by the years of Pensionable Service, subject, in the case of a person who joined the Plan prior to May 1, 1982, to the minimum pension shown in Column (2) of Schedule A. There shall also be paid to a Member who is a Bishop an additional pension equal to the amount shown in Column (1) of Schedule A multiplied by the number of years of Pensionable Service during which the Bishop served in that position in the Diocese. Completed months of Pensionable Service shall count as an appropriate fraction of a year.

5.2 A Member or Past Member, upon the earlier of the date on which such person commences to receive a pension or the date on which such person attains the Normal Pension Date, or a Disabled Member upon the date on which the Disabled Member commences to receive a disability pension, may make an irrevocable election to have the amount of such pension calculated in accordance with the provisions of Section 5.1, 5.3 or 5.4, as the case may be, except that the dollar amount to be used in such calculation shall be that shown in Column (1A) of Schedule A instead of that shown in Column (1).

If such person makes such an election, such person and the surviving Eligible Spouse, if any, shall, however, be entitled to receive two thirds only of any increases which may be granted from time to time thereafter to those Pensioners and Spouse Pensioners who have not made such an election.

To make such an election, the Member, Disabled Member or Past Member must sign the form prescribed for this purpose by the Committee, and if such person then has an Eligible Spouse, such Eligible Spouse shall also be required to sign such form.

5.3 The annual pension payable to a Member on the Early Retirement Date, as defined in Section 4.2, shall be the amount as calculated in Section 5.1 or Section 5.2, as the case may be, reduced by one-half of one per cent for each month or fraction of a month by which the Early Retirement Date precedes the Normal Pension date provided that the pension is at least the Actuarial Equivalent of the annual pension deferred to the Normal Retirement Date.

5.4 The annual pension payable to a Disabled Member from the Disability Pension Date, as defined in Section 4.3, until the earlier of the last day of the month in which the Disabled Member's recovery or death occurs, shall, subject to annual review, be the amount as calculated in Section 5.1 or Section 5.2, as the case may be, except that the number of years of Pensionable Service to be used in the calculation shall be the pensionable service that the Disabled Member would have been credited with had such Member remained in Active Service until Normal Pension Date.

5.5 The disability pension paid to a Disabled Member under Section 5.4 shall cease when a medical examiner appointed by the Committee certifies that the disability no longer exists. Personal and Salary Source Assessments shall recommence immediately on return to active duty.

5.6 The annual pension being paid to each Pensioner shall be determined on the basis of the annual pension the Pensioner would have received on the date the pension originally commenced had the minimum pension under Section 5.1 and the additional amount below not been taken into account. At each date specified in Schedule B on which the Pensioner was in receipt of a pension or had reached the Normal Pension Date, such pension shall be increased by the percentage shown for that date in column (1) of Schedule B or, if the Pensioner had made the irrevocable option under Section 5.2, column (1A) of Schedule B.

For each Pensioner, who was such on May 1, 1982, there shall be paid an additional annual amount of $1,140, less $95 for each completed year not in excess of 10 during which such Pensioner had contributed to the Canada Pension Plan or the Quebec Pension Plan.

5.7 Upon the retirement of a Member who postponed retirement beyond age 65, as provided in Section 4.4, the increased amount of pension shall be equal to the Actuarial Equivalent of the pension that would have begun at Normal Pension Date, had the pension not been postponed.

A Member may elect to receive the total pension or a part thereof during the postponement period to the extent needed to compensate for any reduction in stipend during such period. The salary-paying source shall not be required to accept such a request more frequently than once in each period of 12 consecutive months.

The residual pension, if any, will be paid to the Member from the Member's effective date of retirement, and shall be calculated in a manner consistent with this Section 5.7.

For the purpose of this Section, the word stipend shall have the same meaning as salary as defined in the Law and Regulations abolishing mandatory retirement.

5.8 Notwithstanding Sections 5.1, 5.2, 5.3, 5.4, 5.5 and 5.7, the annual pension benefit shall be at least equal to the sum of the benefits calculated as follows:

1. Personal assessments made before January 1, 1990

   Upon the earlier of the retirement, death or termination of employment of a Member or a Disabled Member, the amount of pension for Pensionable Service prior to January 1, 1990 under this Section 5 shall be at least equal to that which has a Commuted Value equal to the required personal assessments made to the Plan prior to January 1, 1990 plus Credited Interest to the date of the determination; and

2. Personal assessments made on and after January 1, 1990

   If, upon the earlier of the retirement, death or termination of employment of a Member or a Disabled Member,

   1. the required personal assessments made on and after January 1, 1990, plus Credited Interest to the date of the determination, exceeds
   2. 50% of the Commuted Value of the benefits comprised of (i) and (ii) as follows:
      1. the pension accrued or granted under Section 5.1 for Pensionable Service on and after January 1, 1990, together with
      2. other benefits accrued or granted on and after January 1, 1990,

         the Member, the Disabled Member or the Eligible Spouse or Beneficiary, as the case may be, shall be entitled, from the date on which the pension begins to be paid, to an additional pension which has a Commuted Value equal to such excess personal assessments and Credited Interest.

5.9 Notwithstanding any other provision of this Plan to the contrary, the annual lifetime pension payable to a Member under this plan determined at the time of pension commencement shall not exceed the years of the Member's Pensionable Service multiplied by the lesser of:

1. $1,722.22 or such greater amount permitted under the Income Tax Act; and
2. 2% of the Member's highest average indexed compensation (as defined under the Income Tax Act) in any 3 non-overlapping periods of 12 consecutive months.

   The lesser of (a) and (b) reduced by ¼ of 1% for each month that the pension commencement date precedes the earliest of the following:

3. the day the Member would have attained age 60;
4. the day the Member's age plus Pensionable Service would have equalled 80;
5. the day the Member would have completed 30 years of Pensionable Service; and
6. the day the Member becomes Totally and Permanently Disabled.

This Section 5.9 shall not apply to additional benefits payable as a result of any Actuarial Equivalent increase due to deferral of pension commencement after age 65 nor shall it apply to that portion, if any, of the pension derived from a Member's excess contributions.

5.10 In no event shall the benefit accrued by a Member in a plan year under section 5, result in a Pension Adjustment for the Member (as defined by the Income Tax Act) in excess of the limits for the year prescribed by the Income Tax Act.

Canon 24 main page
Previous Section Next Section

Note: this text is provided for information purposes only. While every effort has been made to ensure that this text is accurate, in the event of any discrepancy between this version and the official printed version, the latter shall prevail.