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

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.

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).