Marginal note:Date of crediting

35. The pensionable service shall come to the participant’s credit on the date of the election.

Marginal note:Interpretation

• 36. (1) For the purposes of this Part,

  • (a) an individual is considered to be a child if the individual is a child or stepchild of — or an individual adopted either legally or in fact by — a participant or pensioner who, at the time of the participant’s or pensioner’s death, was dependent on that person for support; and

  • (b) an individual is considered to be a survivor if the individual is

    • (i) a person who was married to a participant or pensioner at the time of the death of the participant or pensioner, or

    • (ii) a person who establishes that he or she was cohabiting in a relationship of a conjugal nature with a participant or pensioner for at least one year immediately before the death of the participant or pensioner.

• Marginal note:Deemed date of marriage

  (2) When a participant or pensioner dies and, at the time of death, was married to a person with whom the participant or pensioner had been cohabiting in a relationship of a conjugal nature for a period immediately before the marriage, that person is deemed to have been married to the participant or pensioner on the day established as being the day on which the cohabitation began.

Marginal note:Wage measure

• 37. (1) The wage measure is

  • (a) for a year prior to 2007, the corresponding rate of pay shown in the schedule; and

  • (b) for a year after 2006, the greater of

    • (i) the standard basic rate of pay for a period of duty or training of six hours or more — before any retroactive adjustment — that was prescribed or established under the National Defence Act to be paid, on October 1 of the preceding year, to a member at the rank of Corporal (A), and

    • (ii) the wage measure of the previous year.

• Marginal note:Updated pensionable earnings

  (2) The updated pensionable earnings, for a calendar year, are the lesser of

  • (a) an amount determined by the formula

    A × B

    where

    A 

    is the participant’s pensionable earnings for that year, and

    B 

    is the result of the following formula, rounded to the nearest fourth decimal point:

    C/D

    where

    C 

    is the average of the wage measures for five years consisting of the year the member most recently ceased to be a participant and the most recent years during which the member was a participant and, if necessary, the years preceding all of those years, and

    D 

    is the wage measure for that calendar year, and

  • (b) the product calculated under paragraph 6(2)(a) for the year the member most recently ceased to be a participant.