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Defence Services Pension Continuation Act

Version of section 26.1 from 2012-01-01 to 2024-05-01:

Marginal note:Election for officers

  •  (1) If the person to whom an officer is married or with whom the officer is cohabiting in a relationship of a conjugal nature, having so cohabited for a period of at least one year, could not be granted, by reason of paragraph 26(d) or (e), a pension under section 25 in the event of the officer’s death, the officer may elect, in accordance with the regulations, to reduce the amount of the officer’s pension in order that a pension could be granted to the person under subsection (2).

  • Marginal note:Payment

    (2) The Minister shall grant a pension to the person referred to in subsection (1) in an amount determined in accordance with the election and the regulations, if

    • (a) the person was married to the officer at the time of the officer’s death, or was cohabiting with the officer in a relationship of a conjugal nature for a period of at least one year immediately before the officer’s death; and

    • (b) the election is not revoked or deemed to have been revoked.

  • Marginal note:No entitlement

    (3) A person who is entitled to receive a pension under section 32 after the officer’s death is not entitled to a pension under subsection (2) in respect of that officer.

  • Marginal note:Regulations

    (4) The Governor in Council may make regulations respecting

    • (a) the time, manner and circumstances in which an election may be made, revoked or deemed to have been revoked;

    • (b) the reduction to be made in the amount of an officer’s pension when an election is made;

    • (c) the amount of the pension granted under subsection (2); and

    • (d) any other matter that the Governor in Council considers necessary for carrying out the purposes and provisions of this section.

  • 1992, c. 46, s. 84
  • 2000, c. 12, s. 97

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