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

Marginal note:Election not to contribute under section 6

• 11 (1) A Public Official who is not a contributor under the Public Service Superannuation Act may elect in writing within one year after his appointment to a Public Office not to contribute under section 6, and on so electing he shall, notwithstanding that section, not be required to contribute under that section.

• Marginal note:Idem

  (2) A Public Official is not required to contribute under the Public Service Superannuation Act by reason of an election made by him under subsection (1).

• Marginal note:Return of contributions

  (3) A Public Official who has made an election under this section and who has made contributions under section 6 is entitled to a return of the total amount of those contributions without interest.

• Marginal note:Election irrevocable

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

• Marginal note:Where sections 5, 6, 9 and 9.1 do not apply

  (5) Sections 5 and 6 do not apply to a Public Official who has made an election under this section, and sections 9 and 9.1 do not apply to the spouse, common-law partner or survivor of a Public Official who has made an election under this section.

Marginal note:Minimum benefit

12 When, on the death of a Public Official, there is no survivor to whom a pension or return of contributions under this Part may be paid, or if the survivor of a Public Official who is or would be entitled to a pension under this Act dies or ceases to be entitled to the pension or return, any amount by which 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), exceeds the total amount paid to the Public Official and the survivor under this Act shall be paid, as a death benefit, to his or her estate or succession or, if less than one thousand dollars, as the President of the Treasury Board may direct.

Marginal note:Presumption of death of Public Official or other person

• 13 (1) Where a Public Official or any person to whom any pension or return of contributions has become payable under this Act has disappeared under circumstances that, in the opinion of the President of the Treasury Board, raise beyond a reasonable doubt a presumption that that person is dead, the President of the Treasury Board may issue a certificate declaring that the person is presumed to be dead and stating the date on which his death is presumed to have occurred, and thereupon that person shall be deemed, for all purposes of this Act, to have died on the date so stated in the certificate.

• Marginal note:Effect of certificate

  (2) Notwithstanding subsection (1), if after the issue of a certificate under that subsection it is made to appear that the person named in the certificate did not in fact die on the date stated therein, the certificate has effect as provided in subsection (1) in relation to any period before such time as it is made to appear that he did not in fact so die, but no effect in relation to any period after that time.

Marginal note:Where person unable to manage affairs

• 14 (1) Where, for any reason, a person to whom any pension has become payable under this Act is unable to manage his own affairs, or where he is incapable of managing his own affairs and there is no person entitled by law to act as his committee, the Receiver General may pay to any person designated by the President of the Treasury Board to receive payment on behalf of that person any amount that is payable to that person under this Act.

• Marginal note:Diversion of payments to satisfy financial support order

  (2) When any court in Canada of competent jurisdiction has made an order requiring a Public Official to pay financial support, amounts payable to that Public Official under this Act are subject to being diverted to the person named in the order in accordance with Part II of the Garnishment, Attachment and Pension Diversion Act.

• Marginal note:Payment deemed to be to person entitled

  (3) For the purposes of this Act, any payment made pursuant to subsection (1) or (2) is deemed to be a payment to the Public Official in respect of whom the payment is made.

Marginal note:Regulations

15 The Governor in Council may make regulations for carrying into effect the purposes and provisions of this Act.

PART IISupplementary Retirement Benefit Contributions

Marginal note:Definitions

16 In this Part,

contributor

contributor means

• (a) a Public Official who is required by subsection 6(1) to contribute to the Consolidated Revenue Fund, and

• (b) a person described in subsection 6(2) who is a Public Official; (contributeur)

Supplementary Retirement Benefits Account

Supplementary Retirement Benefits Account means the Account established in the accounts of Canada pursuant to the Supplementary Retirement Benefits Act. (compte de prestations de retraite supplémentaires)

Marginal note:Contributions

• 17 (1) Commencing with the month of April, 1970, every contributor is required to contribute to the Supplementary Retirement Benefits Account, by reservation from his salary, an amount equal to one-half of one per cent of his salary.

• Marginal note:Idem

  (2) Notwithstanding subsection (1), commencing with the month of January, 1977, every contributor is required to contribute to the Supplementary Retirement Benefits Account, by reservation from his salary, an amount equal to one per cent of his salary.

Marginal note:Contributions for elective service

• 18 (1) Notwithstanding section 17, a Public Official who elects pursuant to section 7 to count as service in a Public Office

  • (a) any period of elective service specified in that section, or any portion thereof, that is after March 31, 1970 and before January 1, 1977, or

  • (b) any period of elective service specified in that section, or any portion thereof, that is after December 31, 1976,

  is required to contribute to the Supplementary Retirement Benefits Account in respect thereof, in addition to any amount he is required to contribute under section 7, an amount calculated in the manner and in respect of the salary described in that section,

  • (c) in the case of any period of elective service or portion thereof described in paragraph (a), at the rate set out in subsection 17(1), and

  • (d) in the case of any period of elective service or portion thereof described in paragraph (b), at the rate set out in subsection 17(2).

• Marginal note:Manner of payment

  (2) Subsections 7(3) and (4) apply with such modifications as the circumstances require to amounts required to be paid under subsection (1).

Marginal note:Amount to be credited to S.R.B. Account

19 Where any amount is paid into the Supplementary Retirement Benefits Account pursuant to sections 17 and 18, an amount equal to the amount so paid shall be credited to that Account.