Defence Services Pension Continuation Act (R.S.C. 1970, c. D-3)

Short Title

Marginal note:Short title

1 This Act may be cited as the Defence Services Pension Continuation Act.

Interpretation

Marginal note:Definitions

• 2 (1) In this Act

  child

  child means a child or stepchild of — or an individual adopted either legally or in fact by — an officer who at the time of the officer’s death was dependent on the officer for support; (enfant)

  force

  force means the officers, non-commissioned officers and men of the permanent militia corps, and includes the permanent staff of the militia; (forces)

  militiaman

  militiaman means a non-commissioned officer or private of the force; (milicien)

  Minister

  Minister means the Minister of National Defence or such other Minister as the Governor in Council may from time to time determine; (Ministre)

  officer

  officer means a commissioned officer, a subordinate officer or a warrant officer of the force; (officier)

  permanent staff

  permanent staff includes officers of the headquarters staff, officers of the district staff, and officers in charge of military stores; (état-major permanent)

  rank

  rank means substantive rank or appointment, but does not include brevet, honorary, local or temporary rank, except in the case of temporary brigadier-generals; and non-combatant officers, such as quartermasters, commissaries of ordnance, and others who have honorary rank, shall, for the purposes of this Act, be considered to have substantive rank corresponding to their honorary rank; (grade)

  service

  service means service on the force; (service)

  survivor

  survivor, in relation to an officer, means

  • (a) a person who was married to the officer at the time of the officer’s death, or

  • (b) a person referred to in subsection 32(1). (survivant)

• (2) [Repealed, 1999, c. 34, s. 207]

PART IPensions

Marginal note:Compulsory retirement

• 3 (1) An officer who is retired compulsorily after twenty years service for any cause other than misconduct or inefficiency is entitled to a pension for life,

  • (a) equal to one-fiftieth of the pay and allowances of his rank or permanent appointment at the time of his retirement for each year of service if he is an officer appointed to the force, or a warrant officer promoted to or appointed to that rank, prior to the 1st day of May 1929; or

  • (b) equal to one-fiftieth of the average annual amount of the pay and allowances received by him during the three years immediately preceding his retirement for each year of his service if he is an officer appointed to the force, or a warrant officer promoted to or appointed to that rank, on or after the 1st day of May 1929.

• Marginal note:Voluntary retirement after 25 years

  (2) An officer who retires voluntarily after twenty-five years service is entitled to a pension for life, twenty per cent less than he would be entitled to if he were retired compulsorily.

• Marginal note:After 20 years

  (3) An officer who retires voluntarily after twenty years service is entitled to a pension for life equal to the greater of

  • (a) the pension that he would have been entitled to if he were retired compulsorily, reduced by five per cent for each complete year by which his age at the time of his retirement is less than the prescribed age limit for his rank, and

  • (b) the pension, if any, to which he is entitled under subsection (2);

  but no pension is payable under this subsection unless a recommendation has been made by the Minister and approved by the Treasury Board that the retirement of such officer was in the public interest and that it is in the public interest that he be paid that pension.

• Marginal note:Idem

  (4) Notwithstanding subsection (2) or (3), a warrant officer who, at the end of a period of engagement or re-engagement, retires voluntarily after twenty years service is entitled to the same pension as if he were retired compulsorily.

• Marginal note:After 35 years

  (5) An officer who retires voluntarily after thirty-five years service is entitled to the same pension as if he were retired compulsorily.

• Marginal note:Limit

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

• Marginal note:Service not continuous

  (7) Where the service has not been continuous, the period or periods during which such service has been discontinued shall not be counted.

• Marginal note:Service in His Majesty’s regular forces

  (8) Time served in His Majesty’s regular forces may be counted in the term of service for pension in the case of an officer transferred to the permanent force in connection with the taking over by the Government of Canada of the garrisons of Halifax and Esquimalt, subject to the provisions hereinafter contained as to deductions from the pension in cases where an officer becomes entitled to a pension and the deduction hereinafter provided for has not been made for as great a number of years as that upon which his pension is based.

• Marginal note:Seconded officers

  (9) Any officer who is or has been seconded shall, during the time that he is seconded, continue to contribute, from time to time, to the Consolidated Revenue Fund, sums equal to the deductions that would have been made from his pay if he had not been seconded, and he is in such case, upon his retirement from the force, entitled, subject to this Act, to the pension that he would have received if he had continued to serve in the force until the time of his retirement.

• Marginal note:Service in public service, C.E.F., etc.

  (10) In the case of an officer who has been seconded or given leave of absence for service in a position in the public service of Canada or in the Canadian Expeditionary Force or in any other military force raised in Canada for service outside Canada and paid and maintained by the Government of Canada, or who has been permitted to serve in any such force, deductions at the rate of five per cent per annum shall be made from the salary or pay, as the case may be, which such officer is receiving in the public service or as an officer in any such force, and those deductions shall form part of the Consolidated Revenue Fund and shall be treated in all respects as deductions under this Act; and, notwithstanding anything in this Act, the pension granted an officer thus seconded, or thus serving in any such force shall be based on the average annual salary and allowances or pay and allowances, as the case may be, that, during the three years immediately preceding his retirement, the said officer received from the said Government in the public service, or in such force in whichever he may have been serving during the said three years.

• Marginal note:Reservations from salary treated as deductions

  (11) Where, by reason of a position in the public service of Canada to which any officer is seconded, he becomes subject to Part I of the Civil Service Superannuation Act, the reservations from his salary in the public service of Canada by the said Part I required to be made, shall be treated in all respects as deductions under this Act, and as satisfying the contributions that such officer is, by subsections (9) and (10), required to make.

• Marginal note:Computation of pension of officers subject to Civil Service Superannuation Act

  (12) The pension to which any such officer may become entitled shall be computed in respect of the average annual pay and allowances or salary and allowances of which he was in receipt while serving in the force, or, if seconded, in the public service of Canada, as the case may be, during the three years immediately preceding his retirement from the force.

• Marginal note:Adjustment of pension of certain officers

  (13) Any officer who, being seconded, dies after a period at which a pension might be granted him, shall, if he has made the contributions hereinbefore required, be deemed to be on full pay for the purposes of section 25.

• Marginal note:Computation of pensions of members of Defence Council

  (14) The pension of an officer who during his service was a member or associate member of the Defence Council for a period of not less than three continuous years and who, at the date of his retirement, is serving elsewhere in naval, army or air force employment, or is seconded, shall be computed on the average annual amount of the pay and allowances received by him during the last three years while serving as a member or associate member of the Defence Council, if a pension computed in such manner would be more beneficial to the officer than if computed as otherwise provided by this Act.

Marginal note:Service as militiaman reckoned

4 Subject to the provisions of this Act in respect to the yearly deduction from a pension of five per cent upon average pay if a person who has served as a non-commissioned officer or private becomes an officer, the time that he has served as such non-commissioned officer or private may be included in his term of service for the purposes of this Act.

Marginal note:Time served in public service

• 5 (1) Time served in the public service of Canada, that, under Part I of the Civil Service Superannuation Act, would be reckoned in computing the period of service for the purpose of a superannuation allowance under that Act, or time served in the public service of Canada that was of such a nature as could be reckoned in computing the period of service for purposes of a superannuation allowance under that Act had the officer remained in the public service and had elected to become a contributor under any Part of that Act, may be included in the term of service of an officer for the purposes of this Act.

• Marginal note:Deduction reduced

  (2) In such case, the yearly deduction of five per cent upon average pay under this Act from any pension shall be reduced by the average yearly deduction from the officer’s salary as an officer, clerk or employee in the Civil Service made under and for the purposes of the Civil Service Superannuation Act, or any amendment thereof, or under Part I of the Civil Service Superannuation and Retirement Act.

Marginal note:Service in R.C.M.P.

• 6 (1) Time served in the Royal Canadian Mounted Police as a police officer or constable may also be included in the term of service of an officer for the purposes of this Act.

• Marginal note:Deduction reduced

  (2) In such case the yearly deduction of five per cent upon average pay under this Act from any pension shall be reduced by the average yearly deduction from the officer’s salary or pay as a police officer made under and for the purposes of Part II of the Royal Canadian Mounted Police Act, chapter 160 of the Revised Statutes of Canada, 1927, or made under and for the purposes of the Civil Service Superannuation Act, chapter 18 of the Revised Statutes of Canada, 1886, or under Part I of the Civil Service Superannuation and Retirement Act.

Marginal note:Officers’ service reckoned

7 The following times may also be included in the term of service of an officer for the purposes of this Act:

• (a) half the time served in the Active Militia other than the force, if he has served at least ten years in the force; but the time to be credited to an officer under this paragraph for Active Militia service shall in no case exceed ten years, and if an officer’s pension is increased by reason of this paragraph, then, in addition to the deductions mentioned in this Act, such pension shall be subject to an annual deduction for a number of years equal to the number of years added to his service under the authority of this paragraph, such deduction to be equivalent to five per cent of the pay that the officer was receiving at the time of his retirement from the force;

• (b) time served as an officer, non-commissioned officer or man on active service during the war between Great Britain and Germany that commenced on the 4th day of August 1914;

• (c) time served in the Royal Canadian Navy and the Permanent Active Air Force of Canada;

• (d) time served on active service in the naval, army or air forces of His Majesty raised in Canada during time of war; and

• (e) time served on active service during time of war in any of the naval, army or air forces of His Majesty other than those raised in Canada by any person who, having served on active service in any of the forces of His Majesty during the war that commenced on the 10th day of September 1939, was appointed to or enlisted in the force on or before the 31st day of March 1946.

Marginal note:Pension conditional

8 An officer shall not have any right to a pension or gratuity unless the Minister is satisfied with the manner in which he has performed his duties.

Marginal note:Deductions from pay

• 9 (1) A deduction toward making good the pensions hereinbefore mentioned shall be made from the pay of every officer at the rate of five per cent per annum on such pay; but such deduction shall not be made during more than thirty-five years of service.

• Marginal note:Deductions not made for sufficient number of years

  (2) Where 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 shall first happen; but if the officer thinks fit, the deficiency in the deduction may be made good by him in one payment.

• Marginal note:C.R.F.

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

Gratuities

Marginal note:Gratuity when pension not earned

• 10 (1) Where any officer is constrained by any infirmity of body or mind to quit the force before a period at which a pension might be granted to him, the Minister may, on the recommendation of a board composed of three officers of rank not lower than that of major, selected by the Defence Council, allow him a gratuity not exceeding one month’s pay for each year of his service.

• Marginal note:Gratuity in case of severe injury

  (2) Where 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 duty, the Minister may, on the recommendation of such board, allow him a gratuity not exceeding three months pay for every two years service.

• Marginal note:Gratuity in case of death before pension

  (3) When an officer dies before a period at which a pension might be granted him, the Governor in Council may grant to his survivor, or, if he leaves no survivor, to his children under eighteen years of age at the date of his death a gratuity equal to the amount of the deductions made under subsection 9(1) from the officer’s pay during his service.

• Marginal note:If no survivor or child

  (4) When an officer dies leaving no survivor or child to whom a gratuity under subsection (3) or a pension or compassionate allowance under this Act would be payable, but who leaves a father, mother, brother, sister or child who, at the date of the officer’s death was wholly or partially dependent on him for support, the Governor in Council may grant to the person or persons so dependent a gratuity not exceeding in the aggregate the amount of the deductions made under subsection 9(1) from the officer’s pay during his service.