Diplomatic Service (Special) Superannuation Act (R.S.C., 1985, c. D-2)

Contributions

Marginal note:Public Official’s contribution

• 6 (1) Every Public Official who is not a contributor under the Public Service Superannuation Act and who is not a member of a special pension plan established under the Special Retirement Arrangements Act shall, by reservation from the Public Official’s salary, contribute to the Consolidated Revenue Fund six per cent of that salary minus an amount equal to the amount the Public Official would be required to contribute under the Canada Pension Plan in respect of that salary if that salary, expressed in terms of an annual rate, were the total amount of the Public Official’s income for the year from pensionable employment as defined in that Act.

• Marginal note:Contribution not required

  (2) Notwithstanding subsection (1), no Public Official shall contribute to the Consolidated Revenue Fund as required by subsection (1) after he has served as a Public Official for a period of thirty-five years less the number of years of service on which any pension or annuity received by him in respect of any prior service under any other Act of Parliament is based.

Marginal note:Service prior to Public Office

• 7 (1) A person who immediately prior to his appointment to a Public Office was employed in the federal public administration and was in receipt of a salary for that employment but was not a contributor under the Civil Service Superannuation Act or the Public Service Superannuation Act, or who immediately prior to his appointment to a Public Office was a judge of a superior, district or county court in Canada, may, for the purposes of this Act, count the whole or any part of his service in the federal public administration or as a judge, in this section called “prior service”, as service in a Public Office, if within one year after his appointment to the Public Office that person elects to contribute under this Act in respect of that prior service.

• Marginal note:Right to elect in respect of part of service

  (2) A person who, by virtue of an election under subsection (1) to contribute under this Act in respect of his prior service, may count the whole or any part of that prior service for the purposes of this Act as service in a Public Office, may, within the time prescribed by that subsection for the making of that election, elect to contribute under this Act in respect of part only of his prior service but only that part that is most recent in point of time, and on so electing, may count that part of his prior service for the purposes of this Act as service in a Public Office.

• Marginal note:Contribution required in respect of prior service

  (3) The contribution required under this section by virtue of an election by a Public Official to contribute under this Act in respect of any period of prior service is an amount equal to the amount that he would have been required to contribute had he, during that period, made contributions under this Act in respect of a salary at the rate authorized to be paid to him on the most recent occasion on which he became a contributor, together with simple interest at four per cent per annum until the time of the making of the election.

• Marginal note:Contribution in one sum or by instalments

  (4) A contribution made under this section may be made in one sum or by instalments of equivalent value payable by reservation from salary or otherwise for life or for a period of years or for life, whichever is the shorter, which instalments shall be computed on such basis as to mortality and rate of interest as the Governor in Council may by regulation prescribe.

• Marginal note:Unpaid instalments

  (5) Where a Public Official who has elected under this Act to pay for any period of prior service and has undertaken to pay for that period of service in instalments ceases to be a Public Official before all the instalments have been paid, the unpaid instalments may be reserved, in accordance with the regulations, from any amount payable to him by Her Majesty in right of Canada, including any pension payable to him under this Act, until all the instalments have been paid or the contributor dies, whichever occurs first.

• Marginal note:Certain prior service not to be counted

  (6) Notwithstanding anything in this section, no person is, for the purposes of this Act, entitled to count as service in a Public Office any prior service in respect of which he is entitled to or has been granted a pension or annuity under any other Act of Parliament.

Marginal note:Where Governor in Council may declare amount of salary

8 In the case of a Public Official who was employed in the federal public administration immediately prior to appointment to a Public Office, the Governor in Council may from time to time declare that, for all purposes of this Act, the Public Service Superannuation Act and the Special Retirement Arrangements Act, the salary of the Public Official shall be such amount as the Governor in Council considers the Public Official would have received if the Public Official had remained in the position in the federal public administration that the Public Official held at the time of appointment to a Public Office.

Alternate Benefits

Marginal note:Election to accept pension in lieu of any other pension

• 9 (1) Where a Public Official who is not a contributor under the Public Service Superannuation Act and who is not a member of a special pension plan established under the Special Retirement Arrangements Act elects in writing, at any time prior to the Public Official’s retirement or resignation as a Public Official, to accept a pension authorized by this section, the Public Official is entitled, in lieu of the pension authorized by section 5, to a pension equal to two thirds of the pension to which the Public Official would, but for that election, have been entitled under section 5.

• Marginal note:Pension to spouse or common-law partner

  (2) When a Public Official is receiving a pension under subsection (1), the Public Official’s spouse or common-law partner is entitled to a pension equal to one-half of the pension to which that Public Official is entitled.

• Marginal note:Apportionment between a spouse and common-law partner

  (2.1) If a Public Official has both a spouse and a common-law partner on the first day that the Public Official’s pension is payable, the pension referred to in subsection (2) shall be apportioned between the spouse and the common-law partner on the basis of their number of years of cohabitation with the Public Official before that day.

• Marginal note:Pension payable to spouse

  (2.2) The spouse of the Public Official is entitled to receive the proportion of the amount referred to in subsection (2) that

  • (a) the aggregate of the number of years that he or she cohabited with the Public Official while married to the Public Official and the number of years that he or she cohabited with the Public Official in a relationship of a conjugal nature

   bears to

  • (b) the total number of years that the Public Official cohabited with the spouse and the common-law partner, either while married or while in a relationship of a conjugal nature.

• Marginal note:Pension payable to common-law partner

  (2.3) The common-law partner of the Public Official is entitled to receive the proportion of the amount referred to in subsection (2) that

  • (a) the number of years that he or she cohabited with the Public Official in a relationship of a conjugal nature

   bears to

  • (b) the total number of years that the Public Official cohabited with the spouse and the common-law partner, either while married or while in a relationship of a conjugal nature.

• Marginal note:When only one person entitled

  (2.4) If, in respect of a Public Official, subsection (2.1) does not apply, the only person who is entitled to a pension under subsection (2) is

  • (a) the person who is the Public Official’s spouse or common-law partner on the first day that the Public Official’s pension is payable; or

  • (b) if the Public Official has neither a spouse nor a common-law partner on the first day that the Public Official’s pension is payable, the person who first becomes the Public Official’s spouse or common-law partner after that day.

• Marginal note:Pension to survivor

  (3) When a Public Official who has made an election under subsection (1) dies while holding office as a Public Official, his or her survivor is entitled to a pension equal to one-half of the pension to which that Public Official would have been entitled had he or she, immediately prior to his or her death, retired or resigned from office, having become afflicted with a permanent infirmity disabling him or her from the due execution of his or her office.

• Marginal note:Election irrevocable

  (4) An election made under this section is irrevocable.

• (5) [Repealed, 1989, c. 6, s. 14]

• Marginal note:Return of contributions to survivor not entitled to pension

  (6) When a Public Official who has made an election under subsection (1) dies while holding office as a Public Official and the survivor is not entitled to a pension under subsection (3), there shall be paid, as a death benefit, to the survivor the total amount of the contributions made by the Public Official under this Part, together with interest, if any, calculated pursuant to subsection 5(10).

• Marginal note:Apportionment when two survivors

  (7) When a pension is payable under subsection (3) or a death benefit is payable under subsection (6) and there are two survivors of the Public Official, the total amount of the pension or death benefit shall be apportioned in accordance with subsections (8) and (9).

• Marginal note:Amount payable to spouse

  (8) The survivor referred to in paragraph (a) of the definition “survivor” in section 2 is entitled to receive the proportion of the pension or death benefit that

  • (a) the aggregate of the number of years that he or she cohabited with the Public Official while married to the Public Official and the number of years that he or she cohabited with the Public Official in a relationship of a conjugal nature

   bears to

  • (b) the total number of years that the Public Official cohabited with the two survivors, either while married or while in a relationship of a conjugal nature.

• Marginal note:Amount payable to common-law partner

  (9) The survivor referred to in paragraph (b) of the definition “survivor” in section 2 is entitled to receive the proportion of the pension or death benefit that

  • (a) the number of years that he or she cohabited with the Public Official in a relationship of a conjugal nature

   bears to

  • (b) the total number of years that the Public Official cohabited with the two survivors, either while married or while in a relationship of a conjugal nature.

• Marginal note:Years

  (10) In determining a number of years for the purpose of this section, a part of a year shall be counted as a full year if the part is six or more months and shall be ignored if it is less.

Marginal note:Election

• 9.1 (1) If, after the retirement or resignation of a Public Official who is not a contributor under the Public Service Superannuation Act and who is not a member of a special pension plan established under the Special Retirement Arrangements Act, the Public Official elects within any period prescribed by the regulations to accept a pension authorized by this section, the Public Official is entitled, in lieu of the pension to which he or she is entitled on the date of the election, to a pension equal to two thirds of that pension.

• Marginal note:Pension to spouse or common-law partner

  (2) The spouse or common-law partner of the Public Official on the day of the election referred to in subsection (1) is entitled to a pension equal to one half of the pension to which the Public Official is entitled under that subsection.

• Marginal note:Pension is payable

  (3) A pension that is authorized by this section becomes payable the month following the month in which the election made under subsection (1) is approved by the Minister.

• Marginal note:No entitlement

  (4) A spouse or common-law partner who is entitled to a pension under section 9 in respect of a Public Official is not entitled to a pension under this section in respect of that Public Official.

General

Marginal note:Payments out of C.R.F.

• 10 (1) The pensions and returns of contributions payable under this Act shall be paid out of the Consolidated Revenue Fund.

• Marginal note:Duration of payment

  (2) Where a pension becomes payable under this Act, it shall be paid in equal monthly instalments in arrears and shall continue, subject to this Act, during the lifetime of the recipient and thereafter until the end of the month in which he dies.