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Defence Services Pension Part V Regulations (SOR/55-416)

Regulations are current to 2024-02-06

Arrears of Contributions (continued)

  •  (1) A contributor who, pursuant to subsection (1) of section 48 of the Act, elects to contribute in respect of service as described in subparagraph (iv) of paragraph (i) of subsection (1) of section 45 of the Act, shall for the purposes of Part V be deemed to have received pay on a full-time basis for the rank or ranks held by him during that service at the basic rates for the equivalent rank or ranks prescribed by the relevant pay regulations, together with the allowances set out in section 3 for the equivalent rank or ranks held by him during that service in effect at the date of his election.

  • (2) The contribution required for such service shall be one-fourth of the contribution which would have been required if the whole of such service might be counted.

  •  (1) A contributor who had officer status under Parts I to IV at the date of his election to become a contributor under Part V and who pursuant to subparagraph (v) of paragraph (i) of subsection (1) of section 45 of the Act had service which may be counted as service under any other Part of the Act shall at the date of retirement have fulfilled the conditions required under paragraph (e) of section 7 or subparagraph (ii) of paragraph (e) of section 36 or subparagraph (iii) of paragraph (d) of section 40 of the Act as applicable, in order that such service may be counted as half-time.

  • (2) A contributor who elects to count service as described in subsection (1) shall contribute for such service on the basis that it may count as half-time rather than one-quarter time in anticipation of his fulfillment of the conditions described in subsection (1).

  • (3) In the event that at date of retirement a contributor has not fulfilled the conditions of subsection (1), he shall be entitled to a refund of contributions equal to the difference between the amount he contributed and the amount he should have contributed were such service to count as one-quarter time.

  • (4) This section applies to every contributor who at any time elected to become a contributor under Part V on or before the thirty-first day of December, 1950, notwithstanding that his election may have been made prior to the coming into force of this section.

  •  (1) A contributor who, pursuant to subsection (1) of section 48 of the Act, elects to contribute in respect of service as described in subparagraph (v) of paragraph (i) of subsection (1) of section 45 of the Act, shall for the purposes of Part V have his contributions and interest computed

    • (a) in respect of service described in paragraph (e) of section 7, subparagraph (ii) of paragraph (e) of section 36 and subparagraph (iii) of paragraph (d) of section 40 of the Act,

      • (i) the pay for the rank or ranks held by him during that service at the basic rates prescribed by the relevant regulations together with allowances set out in section 3 for the rank or ranks held by him during that service at the date of his election,

      • (ii) the contribution, required for one-half of that service shall be one-half of the contribution which would be required if the whole of that service might be counted and the contribution required for any part of that service less than one-half thereof, shall be that proportion of the said contribution for the said one-half which the said part is of the said one-half;

    • (b) in respect of service in the “force” or “forces” as defined in Parts I, II and III, such of the pay, and allowances in money or in kind, as were paid to or on behalf of the contributor during his said service upon which pension would have been calculated had he become eligible for a pension under Parts I, II and III; and

    • (c) in respect of the service referred to in paragraph (f) of section 7, and paragraph (f) of subsection (3) of section 13 of the Act, the pay and allowances payable to or on behalf of the contributor for that service.

 A contributor who had service in the forces as described in subsection (2) of section 56 of the Act shall for the purposes of Part V have his pension contributions for that service calculated on the pay and allowances which were payable in money or in kind to or on behalf of the contributor during that service and upon which pension would have been calculated had he become eligible for a pension under Parts I, II and III.

 The contribution required for the period during which a contributor under the Civil Service Superannuation Act, or the Public Service Superannuation Act was absent on leave from the civil service or the public service on active or full-time service in Her Majesty’s forces shall be computed on the pay and allowances payable to the contributor during the period of that service.

Absence from Duty or Secondment

  •  (1) Subject to subsections (6) and (7), a contributor who, before or after the coming into force of this subsection, was absent from duty in the naval, army or air forces of Canada for any purpose, including absence on leave without pay and allowances or secondment without pay and allowances, shall, whether or not he was a contributor at the time of such absence, contribute, in respect of such period of absence by making payments in accordance with subsection (2), and such period of absence shall be counted as service for the purposes of computing a pension or gratuity.

  • (2) The contributions required to be paid by a contributor to whom subsection (1) applies shall be payable

    • (a) where the period does not exceed ninety-two days, monthly by means of a debit to his pay account; or

    • (b) where the period exceeds ninety-two days, by

      • (i) monthly remittances in favour of the Receiver General of Canada, or

      • (ii) reservations in equal instalments from his pay and allowances for a period commencing on the expiration of his absence from duty equal to the period during which he was absent from duty.

  • (3) Notwithstanding anything in this section, a contributor may pay, in one sum, at any time prior to the expiration of the period described in subparagraph (ii) of paragraph (b) of subsection (2), the amount payable by him into the Consolidated Revenue Fund in respect of any period he is absent from duty.

  • (4) Where a contributor, granted a period of absence on leave or secondment as prescribed in subsection (1), has elected to pay arrears of contributions pursuant to section 48 of the Act by instalments, those instalments shall be paid in the manner set out in subsection (2).

  • (5) When any amount payable by a contributor under this section is unpaid at the time of his retirement, that amount shall be paid out of any pension or gratuity that is payable under the Act to the contributor

    • (a) in one sum from the gratuity, or

    • (b) by reservation out of any pension in equal instalments for a period equal to that portion of the period described in subparagraph (ii) of paragraph (b) of subsection (2) during which no contributions were made by him as required by that subsection.

  • (6) A continuous period of absence from duty in excess of sixty days in respect of which

    • (a) a forfeiture of pay and allowances is imposed,

    • (b) a deduction in an amount equal to the whole of the pay and allowances withheld is imposed by reason of suspension from duty, or

    • (c) a continuous combination of the periods described in (a) and (b),

    shall not be counted as service for the purposes of computing a pension or gratuity and no contributions shall be deducted in respect of that period.

  • (7) A contributor who has been absent from duty as described in subsection (1) may,

    • (a) within one year after the coming into force of this subsection, in the case of a period of absence ending before the coming into force of this subsection, or

    • (b) within thirty days after the end of such period of absence, in the case of a period of absence ending after the coming into force of this subsection,

    elect not to contribute in respect of such period of absence, in which case that period of absence shall not be counted for the purposes of computing a pension or gratuity under the Act, and no contributions shall be required by this section in respect of that period.

  • SOR/59-105, ss. 1, 2

 For the purpose of making contributions and computing a pension or gratuity in respect of service to be counted pursuant to section 21, the contributor shall be deemed to have been in receipt of pay and allowances during a period of absence from duty or secondment at the same rate as that which was prescribed for the rank or appointment held by him at the commencement of the period, except that

  • (a) if during that period his rate of pay and allowances is increased or decreased for any reason, then such rate from the date it became effective shall be deemed to be the pay and allowances of which he was in receipt, or

  • (b) if during a period of secondment the contributor does not receive pay and allowances according to the appropriate regulations in effect from time to time for his service, the rate of pay and allowances he shall be deemed to receive shall be as determined by Treasury Board.

Service

 For the purposes of subparagraph (iii) of paragraph (i) of subsection (1) of section 45 of the Act, time served as described in that subparagraph, on or prior to the 30th day of September, 1947, is included as a period of service.

  •  (1) Time served as described in subparagraph (vi) of paragraph (i) of subsection (1) of section 45 of the Act, may be included as service if the contributor during that service received the pay of his rank as though he were a member of the forces.

  • (2) Where a contributor prior to the war which commenced on the 10th day of September, 1939, served as an officer in the Royal Canadian Air Force other than the Permanent Active Air Force, for a continuous period of full-time service, but did not receive the pay of his rank as though he were in the forces, and subsequently served on active service during that war and during such period of full-time service received remuneration by way of pay, or pay and allowances, according to the service regulations applicable to his appointment, then in that case, such continuous period of full-time service may be included for the purpose of making contributions and computing a pension or gratuity to which he may be entitled under Part V.

  • (3) The contributions required to be paid by a contributor

    • (a) for a period of service described in subsection (1) or (2) which commenced prior to the 1st day of October, 1946, shall be based upon the pay payable to him by reason of the rank or appointment held by him during such service together with marriage and dependents’ allowances for wives and dependent children and subsistence allowance at standard rates payable in respect of service in Canada whether or not such last mentioned allowance was in fact paid; and

    • (b) for a period of service described in subsection (1) which commenced on or after the 1st day of October, 1946, shall be based on the pay payable to him by reason of the rank or appointment held by him together with the allowances prescribed for his rank by section 3 during such service.

  • SOR/60-79, s. 2
  •  (1) Pursuant to paragraph (i) of section 61 of the Act, service in any of the forces of Newfoundland and service with the Government of Newfoundland shall, for the purposes of making contributions and of computing pensions and gratuities under this Part, include

    • (a) service corresponding to service described in subparagraph (iv) or (vi) of paragraph (i) of subsection (1) of section 45 of the Act, and such service shall be deemed to be service described in the applicable subparagraph, and

    • (b) service prior to the 1st day of April, 1949, in a service of the Government of Newfoundland that has been taken over by Canada pursuant to the Terms of Union of Newfoundland with Canada and which is pensionable service under the Public Service Superannuation Act, and such service shall be deemed to be service described in subparagraph (i) of paragraph (i) of subsection (1) of section 45 of the Act,

    except

    • (c) service that may be counted under any other provision of subsection (1) of section 45 of the Act, or

    • (d) service which the contributor, pursuant to subsection (2) of section 21 of the Public Service Superannuation Act, elected not to count as pensionable service under that Act.

  • (2) Subject to subsection (3), a contributor who has had service described in subsection (1) may elect to contribute in respect of such service within one year of becoming a contributor or within one year after the 1st day of March, 1960, whichever is the later, and the provisions of subsection (5) of section 48 of the Act shall be applicable to that election.

  • (3) A contributor who, on or after the 1st day of April, 1949, and before the 1st day of March, 1960, signed a form purporting to elect to contribute for service described in subsection (1), or otherwise signified in writing his intention to contribute for such service, shall be deemed, as of the date of so signing or signifying, to have elected to contribute for such service under subsection (1) of section 48 of the Act.

  • (4) The amount of contributions required in respect of an election pursuant to subsection (2) or (3) shall be an amount equal to the amount he would be required to contribute had he elected to contribute for such service under subsection (1) of section 48 of the Act.

  • SOR/60-79, s. 3

Augmentation of Pension

  •  (1) For the purpose of this section and of sections 26 to 32 inclusive, and subject to subsection (4) of section 30 and subsection (2) of this section, augmenting service means any period, subsequent to the grant of a pension, of continuous full-time paid service of one year or more

    • (a) in the forces,

    • (b) in the naval, army or air forces of Canada other than the forces if during such period the pensioner receives the pay of his rank as though he were in the forces, and

    • (c) in the public service in respect of which he is not entitled to an annuity.

  • (2) A pensioner who after being appointed to or enlisted in one of the naval, army or air forces of Canada is seconded pursuant to service regulations or orders shall be deemed to be performing augmenting service if during that secondment he performs continuous full-time service or employment and receives emoluments by way of pay and allowances, salary or otherwise for that service or employment.

  • (3) Where during a period of service described in subsection (2), a pensioner does not receive pay and allowances according to the appropriate regulations in effect from time to time for his service, the rate of pay and allowances he shall be deemed to receive shall be as determined by Treasury Board.

  • (4) Where a pensioner described in subsection (3) is required to repay any monies received by him or any deductions are required by reason of any of the provisions of sections 25 to 32 in respect of augmenting service described in subsection (2), such repayment or deductions shall be made in the manner provided in subsections (2) and (3) of section 21.

  •  (1) A pensioner serving on a full-time paid basis in the forces or in the naval, army or air forces of Canada other than the forces if receiving the pay of his rank as though he were in the forces, may elect within one year of the commencement of that full-time paid service or within six months of the coming into force of these regulations, whichever is the later,

    • (a) to count for the purpose of computing his pension the whole augmenting service performed subsequent to the commencement and during that service and upon the making of that election

      • (i) entitlement to the whole or that part of the pension to which he is otherwise entitled during that service, or the gratuity to which he would otherwise become entitled in respect of that service, shall terminate, and

      • (ii) he shall repay the whole or that part of the pension he may have received during that service, in the manner hereinafter provided; and

    • (b) to count for the purpose of computing his pension the whole or any part not less than twelve continuous months of any period of augmenting service he may have performed subsequent to the grant of his pension but prior to the commencement of his current full-time paid service provided he

      • (i) makes an election pursuant to paragraph (a), and

      • (ii) repays the whole or that part of the pension he may have received during that augmenting service or the gratuity he may have received in respect of that augmenting service in the manner hereinafter provided.

  • (2) Every election made by a pensioner under this section shall be evidenced in writing, in the form prescribed by the Minister, and witnessed, and the original thereof shall be forwarded to a person designated by the Minister for the purpose, by registered mail or in such other manner as the Minister directs, within one month of making the election.

  •  (1) A pensioner who has elected to count augmenting service pursuant to paragraph (a) of subsection (1) of section 26 and receives pension payments during that augmenting service, shall repay the payments in one sum or by reservation from pay and allowances or otherwise, without interest, in equal instalments over a period similar to that during which the said payments were made to him, such instalments to commence on the expiration of the month next following the date of his election, except that no repayment is required for a period when the pensioner’s pay and allowances are reduced by the amount of the gross pension paid, pursuant to relevant pay regulations.

  • (2) A pensioner, electing to count the whole of his augmenting service pursuant to paragraph (b) of subsection (1) of section 26 and in respect of which he has been paid a gratuity, or during that service has received pension payments, shall repay an amount equal to the gratuity or pension payments received by him during that service, together with simple interest at the rate of four per centum per annum from the date of payment of that gratuity or pension payments to the date of his election under that section, and where the pensioner has elected part of his augmenting service the repayment required in respect of that part shall be the proportion of the said amount that the part is of the whole of his augmenting service, except that no repayment is required for a period when the pensioner’s pay and allowances are reduced by the amount of the gross pension paid, pursuant to relevant pay regulations.

  • (3) The repayment required by subsection (2) may be made in one sum or in instalments equivalent in value to the total amount of the arrears payable by reservation from pay and allowances or otherwise, for life, or for a period of years or for life whichever is the shorter, to commence on the expiration of the month next following the date of the election, the said instalments to be computed as to mortality and interest on the basis of the Canadian Life Tables No. 2 (1941), Males or Females, as the case may be, with interest at the rate of four per centum per annum.

  • (4) Where a periodic scheme of payment is in effect under this section, the pensioner may at any time elect to settle any amount outstanding by one sum or to arrange to pay that amount by instalments over a shorter period.

 

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