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

Marginal note:Regulations

47 The Governor in Council may make regulations

• (a) prescribing the extent to which and the manner in which any person in receipt of a pension under any of Parts I to III who, after his retirement from the forces, is appointed to a position in the public service of Canada or is appointed to or enlists in the naval, army or air forces of Canada, may count that additional service for the purpose of computing his pension under such Part; and

• (b) providing for payment out of the Consolidated Revenue Fund, upon the death of any person in respect of whom any pension or compassionate allowance becomes payable under any of Parts I to III upon application to the Minister by or on behalf of any successor thereunder to whom any such pension or allowance becomes payable, of the whole or any part of such portion of any estate, legacy, succession or inheritance duties or taxes that are payable by the successor as is determined in accordance with the regulations to be attributable to that pension or allowance, and prescribing the amounts by which and the manner in which any such pension or allowance shall be reduced.

Marginal note:Offence

48 Any person who knowingly makes any statement or gives any information that is false in any material particular for the purpose of obtaining, either for himself or for any other person, any payment under any of Parts I to III is guilty of an indictable offence and is liable to imprisonment for a term not exceeding one year or to a fine not exceeding one thousand dollars, or to both.

Marginal note:Recovery of debit balance in pay account of former member

• 49 (1) Any debit balance in the pay account of a former member of the forces may be recovered from any pension or gratuity to which he is entitled under any of Parts I to III or from any amount that becomes payable under any of Parts I to III to his service estate, whether such debit balance existed at the time of his retirement or was ascertained after that time.

• Marginal note:Idem

  (2) Recovery of a debit balance pursuant to this section shall be effected in such manner and to such extent as may be prescribed by regulations made by the Governor in Council, but, in the case of any pension or gratuity to which a former member of the forces is entitled under any of Parts I to III, such recovery shall not be effected unless notice of the existence of the debit balance and the amount thereof has been given to him or has been forwarded by registered mail addressed to him at his latest known address.

• Marginal note:Unpaid instalments

  (3) Where a person who is entitled under any of Parts I to III to contribute in respect of any service and has undertaken to contribute in respect of that service by instalments, ceases to be a member of the forces 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, including any pension or gratuity payable to him under any of Parts I to III, until such time as all the instalments have been paid or the contributor dies, whichever occurs first.

Marginal note:Pension to include amount of augmentation

• 50 (1) For the purposes of this Act, the pension payable to a recipient under any of Parts I to III is the pension otherwise payable to the recipient thereunder, plus any amount by which that pension was, by Order in Council P.C. 77/8785 of the 26th day of September 1942 made under the War Measures Act, authorized to be augmented, which Order shall, for the purposes of this Act, be deemed to have been made under a provision of this section that, at the time when the Order was made, authorized the making thereof, and to have continued in effect thereafter, in respect of any service before the 31st day of March 1947 in respect of which such augmentation was authorized, notwithstanding the revocation of such Order on the 31st day of March 1947.

• Marginal note:Public Service Pension Adjustment Act

  (2) For the purposes of the Public Service Pension Adjustment Act, a pension equal to the amount by which any pension otherwise payable to a recipient under any of Parts I to III was authorized as described in subsection (1) to be augmented shall be deemed to be payable to the recipient under this section, in the same manner, at the same time, for and in respect of the same period and subject to the same terms and conditions as the pension authorized to be augmented.

Marginal note:Regulations

51 The Governor in Council may make regulations

• (a) providing for the counting as service under any of Parts I to III of service as a member of the Canadian Forces after the coming into force of Part I of the Canadian Forces Reorganization Act to the extent provided under this Act for the counting of service in the naval, army or air forces of Canada; and

• (b) for the making of such other adaptations of any of the provisions of this Act as are necessary in order to give effect to those provisions in relation to sections 14 to 17, subsections 20(1) and (2), and section 21 of the National Defence Act.