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

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.