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

Short Title and Application

1 These regulations are applicable only to Part V of the Defence Services Pension Act and may be cited as the Defence Services Pension Part V Regulations.

Interpretation

2 In these regulations,

Act

Act means the Defence Services Pension Act; (Loi)

a(f) Ultimate Table

a(f) Ultimate Table means the table so entitled appearing in the “Mortality of Annuitants 1900-1920” published on behalf of the Institute of Actuaries and The Faculty of Actuaries in Scotland, 1924; (a (f) Ultimate Table)

annuity

annuity means an annuity, immediate or deferred, or annual allowance payable in accordance with the Public Service Superannuation Act; (rente viagère)

gratuity

gratuity means a payment of an amount equal to one month’s pay and allowances for each year of service, pursuant to the Act or pay regulations, or an equivalent benefit pursuant to the Civil Service Superannuation Act, the Public Service Superannuation Act, or the Royal Canadian Mounted Police Act; (gratification)

Minister

Minister means the Minister of National Defence; (Ministre)

Parts I to V

Parts I to V means the respective Parts of the Act; (Parties I à V)

pension

pension means a pension granted, pursuant to Part V, to a person in respect of his service; (pension)

pensioner

pensioner means a person to whom a pension has been granted; and (pensionné)

public service

public service means all branches or portions of the public service of Canada to which the Public Service Superannuation Act is applicable. (service public)

Rates of Allowances

3 The rates of allowances which shall constitute part of pay and allowances for the purposes of Part V shall, according to the rank of the contributor, be the following monthly rates:

—	Not in Receipt of Marriage Allowance $	In Receipt of Marriage Allowance $
Rear-Admiral	172	212
Major-General
Air Vice-Marshal
Commodore	160	200
Brigadier
Air Commodore
Captain	146	186
Colonel
Group Captain
Commander	133	173
Lieutenant-Colonel
Wing Commander
Lieutenant-Commander	120	160
Major
Squadron Leader
Lieutenant	101	157
Captain
Flight Lieutenant
Sub-Lieutenant	96	157
Lieutenant
Flying Officer
Acting Sub-Lieutenant and Naval Cadet	72	138
Second Lieutenant and Officer Cadet
Pilot Officer and Flight Cadet
Midshipman	68	138
Commissioned Officer (RCN)	101	157
Chief Petty Officer 1st Class	99	139
Warrant Officer Class 1 (Army and Air Force)
Chief Petty Officer 2nd Class	96	136
Warrant Officer Class 2 (Army and Air Force)
Petty Officer 1st Class	96	136
Staff Sergeant
Flight Sergeant
Petty Officer 2nd Class	87	136
Sergeant
Leading Seaman, Corporal and Ranks below	76	136

Contributions

4 Contributions by way of reservations from pay and allowances shall commence from the date on which a person becomes subject to Part V.

5 A person who makes contributions under Part V and is subsequently found not to be eligible to be a contributor under that Part shall have all such contributions repaid to him without interest.

Arrears of Contributions

6 For the purpose of computing interest on arrears of contributions, pursuant to section 48 of the Act, the total pay and allowances received by a contributor during any fiscal year shall be deemed to have been received on the first day of October of that fiscal year.

7 The total amount of arrears of contributions payable pursuant to sections 48 and 56 of the Act, may be paid in instalments equivalent in value to the total amount of arrears, computed on the basis of the Canadian Life Table No. 2 (1941), Males or Females, as the case may be, with interest at the rate of four per centum per annum.

• 8 (1) A contributor or a former contributor in respect of whom a periodic scheme of payment of arrears of contributions is in effect, may, at any time, elect to pay those areas in one sum or in instalments equivalent in value to the arrears, over a shorter period.

• (2) Where the amount of the arrears of contributions, as verified by the service authorities, is greater than the amount set out in the provisional computation submitted by the contributor, the contributor may elect, but only once, to pay the unpaid portion of the verified arrears

  • (a) if he has originally elected to pay the arrears in one sum, then either in one sum or in instalments equivalent in value to the total amount of arrears; or

  • (b) if he has originally elected to pay the arrears by instalments, then by instalments equivalent in value to the total amount of the arrears, over a longer period, provided that

    • (i) he has made his further election prior to acknowledging as correct the amount of the arrears, as verified by the service authorities, or

    • (ii) he has, prior to the first day of September, 1950, acknowledged as correct the amount of the arrears, as verified by the service authorities.

• (3) Where, under this section, a contributor has elected to pay arrears of contributions under a periodic scheme of payment, the required instalments shall be computed as prescribed by section 7 provided, however, that the amount of such instalments shall not be reduced more than five per centum of the amount elected to be paid in the provisional computation submitted by the contributor.

• 9 (1) The amount of contributions made by a contributor in respect of a period of service under any other Part of the Act, the Civil Service Superannuation Act, the Public Service Superannuation Act or the Royal Canadian Mounted Police Act (other than Part IV thereof), shall be transferred to the Permanent Services Pension Account and shall, if it constituted the full contribution required thereunder and no annuity, gratuity or other benefit has been paid in respect of that period of service, be deemed to be the appropriate contribution for that period for the purposes of Part V.

• (2) Where the contributions transferred to the Permanent Services Pension Account in accordance with subsection (1) do not constitute the full contributions required in respect of that period of service, the contributor shall pay the balance either in one sum or in instalments computed as prescribed by section 7.

10 A contributor who has service for which he made contributions under any Part of the Act, the Civil Service Superannuation Act, the Public Service Superannuation Act or the Royal Canadian Mounted Police Act (other than Part IV thereof) and has been paid a benefit, in respect of that service, equal only to the amount of his total contributions may elect to count that service and the contributions required shall be the same as if section 11 were applicable.

• 11 (1) A contributor who had service for which he made contributions under any Part of the Act, the Civil Service Superannuation Act, the Public Service Superannuation Act or the Royal Canadian Mounted Police Act (other than Part IV thereof) and in respect of that service has been paid a gratuity, may elect to count the whole or any part of such service for the purpose of Part V.

• (2) In the event a contributor elects to count the whole period of service described in subsection (1), the contribution shall be an amount equal to the gratuity received by the contributor together with simple interest at four per centum per annum from the date of payment of the gratuity to the date of election to count that period of service.

• (3) In the event a contributor elects to count a part of the period of service described in subsection (1), the contribution shall be that proportion of the total gratuity and interest of which the part elected is of the whole of the service.

• (4) The amount of the contributions required under this section may be paid in one sum or in instalments computed as prescribed by section 7.

12 A contributor who immediately prior to becoming a contributor under Part V has service in the forces as an officer appointed temporarily or under a commission for a fixed term, may have such service counted for the purpose of computing a pension or gratuity under Part V if

• (a) the amount of deferred pay at the rate of six per centum of the pay and of the allowances prescribed by section 3 withheld in accordance with the appropriate Pay and Allowance Regulations is transferred to the Permanent Services Pension Account as contributions for such service, and

• (b) the amount of any gratuity paid in respect of such service under Pay and Allowance Regulations is refunded by the contributor.

• 13 (1) A contributor other than a contributor to whom section 12 applies who prior to becoming a contributor under Part V had service in the forces as an officer appointed temporarily or under a commission for a fixed term and who on termination of such services was paid under the appropriate Pay and Allowances Regulations an amount equal to the amount of the deferred pay deducted or a gratuity or both, may have such service counted for the purpose of computing a pension or gratuity under Part V if

  • (a) he contributes the amount of deferred pay previously refunded to him, together with simple interest at four per centum per annum for the period from the date of refund of such deferred pay to the date of his election to count such service under subsection (4) of section 56 of the Act, and

  • (b) the amount of any gratuity paid under the provision of Pay and Allowance Regulations is refunded to the Receiver General together with simple interest at four per centum per annum for the period from the date of payment to the date of election to count such service under the provisions of subsection (4) of section 56 of the Act.

• (2) The payment required under subsection (1) may be made in one sum or in instalments as prescribed by section 7.

14 The rates of allowances in respect of a contributor who, before or after the coming into force of this section, elected pursuant to subsection (1) of section 48 of the Act to contribute in respect of service described in subparagraph (iii) of paragraph (i) of subsection (1) of section 45 of the Act shall, for the purposes of subsection (2b) of section 48 of the Act, be those set out in section 3 in effect at the date of his election for the rank or ranks in the Canadian forces corresponding to the rank or ranks held by him during that service.

• 15 (1) A contributor who pursuant to subsection (1) of section 48 of the Act elects to contribute in respect of service as described in subparagraphs (i) and (ii) of paragraph (i) of subsection (1) of section 45 of the Act shall for the purposes of Part V have his contributions, interest, pension and gratuity computed on the following emoluments:

  • (a) in respect of time served in the civil service, subject to section 20, the same emoluments as those on which contributions would have been required to be made under the Civil Service Superannuation Act, or the Public Service Superannuation Act;

  • (b) in respect of time served in the Royal Canadian Mounted Police, the same emoluments as those on which pension under the Royal Canadian Mounted Police Act would have been calculated had the contributor by reason of his service in the Royal Canadian Mounted Police, become eligible for a pension under the Royal Canadian Mounted Police Act;

  • (c) in respect of time served on active service in the naval, army or air forces of His Majesty raised in Canada during time of war the following and no other active service rates of pay and allowances:

    • (i) in the case of service with the naval forces, pay of rank or rating, command money, specialist pay, non-substantive pay, staff pay and 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;

    • (ii) in the case of service with the army, pay of rank, classified rates of pay, consolidated pay, command pay, trades pay, additional pay while extra regimentally employed and 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

    • (iii) in the case of service with the air force, either consolidated pay, classified rates of pay or pay of rank and group (excluding the difference between General List and Non-Flying rates of pay, when General List rates of pay were in issue), and command pay and headquarters pay and 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.

• (2) The amount of contributions required of a contributor in respect of service for which he elects under subsection (2a) of section 48 of the Act is as follows:

  • (a) if he was a contributor immediately prior to the coming into force of this subsection, having served continuously in the forces from that date to the date of election, and the election is made within one year of the coming into force of this subsection; or

  • (b) if he was a former contributor prior to the coming into force of this subsection to whom paragraph (a) did not apply and the election is made within one year of his first becoming a contributor subsequent to the coming into force of this subsection;

  the amount required is an amount equal to the amount he would be required to contribute had he elected under subsection (1) of section 48 of the Act, and

  • (c) if he is not a contributor as described in paragraph (a) or (b) the amount required is an amount equal to that which he would have been required to contribute had he elected under subsection (1) of section 48 of the Act, but computed on his current rate of pay together with allowances set out in section 3 applicable to his rank.

• (3) An election in respect of service for which a contributor might have elected to contribute, but for which he failed so to elect in the time prescribed therefor, is an election made under subsection (2a) of section 48 of the Act, notwithstanding that he may have been retired and re-enrolled subsequent to the failure to so elect.

• (4) Every medical examination required by subsection (6) of section 48 of the Act shall be undergone by the contributor required to be so examined

  • (a) within such time before or after the making of the election by that contributor as the Minister prescribes; and

  • (b) before a service medical officer or civilian medical practitioner who shall examine him in accordance with the medical standards applicable to his employment and shall certify that the contributor has passed or not passed the medical examination.