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• 9 (1) Subject to subsections (3) and (5), a pensioner, upon ceasing to serve on augmenting service referred to in subsection 5(1) for any reason other than inefficiency or misconduct, shall have his pension computed for the term of service upon which his pension was originally based, together with the augmenting service elected pursuant to section 5 (the whole period hereinafter referred to in this section as the “pensionable term”) in the following manner:

  • (a) where he was granted a pension as a militiaman and subsequently serves the whole or any part of his augmenting service elected pursuant to section 5 as a militiaman or an officer his pension shall be

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  • (b) where he was granted a pension as an officer and subsequently serves the whole or any part of his pensionable term as an officer or militiaman, his pension shall be one-fiftieth of his average annual pay and allowances during the last six years of the pensionable term for each year of the pensionable term.

• (2) Notwithstanding paragraphs (1)(a) and (b), the pension of a pensioner who was granted a pension

  • (a) as an officer, shall not be computed on a number of years in excess of 35; or

  • (b) as a militiaman, shall not exceed two-thirds of the average annual pay and allowances received by him during the last three years of the term of service upon which his pension was originally based.

• (3) A pensioner, where he has been granted a pension

  • (a) as an officer, whether he serves the whole or any part of his augmenting service as an officer or as a militiaman, shall have that pension computed, as provided in subsection (1), as an officer, or

  • (b) as a militiaman, whether he serves the whole or any part of his augmenting service as a militiaman or as an officer, shall have that pension computed, as provided in subsection (1), as a militiaman,

  provided that the Minister is satisfied, in the case of an officer, and a board composed of three officers, as provided in section 15 of the Act, certifies, in the case of a militiaman, that the circumstances of service and the cause of ceasing to serve on the augmenting service elected pursuant to paragraph 5(1)(a) are such as would give rise to entitlement to the grant of a pension if the pensioner were otherwise qualified.

• (4) Where a pensioner has been granted a pension as an officer and dies while performing augmenting service or dies while in receipt of a pension computed on the pensionable term, his widow may be granted a pension computed on the pensionable term and each of his children may be granted a compassionate allowance, to the extent that they are otherwise qualified under the Act.

• 10 (1) Subject to subsections (4) and (5), a pensioner who was granted a pension as an officer and who is absent from duty for any purpose including absence on leave without pay and allowances, or secondment where 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, shall contribute to the Consolidated Revenue Fund, in respect of any period during which he is so absent, by making payments in accordance with subsection (2) and that period shall be counted as service for the purposes of section 9 as being augmenting service.

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• (3) When any amount payable under this section by a pensioner who was granted a pension as an officer is unpaid at the time of his retirement, that amount shall be reserved out of any pension that is payable under the Act to the pensioner by reservation out of any pension in equal instalments for a period equal to that period during which no contributions were made by him as required.

• (4) A continuous period of absence from duty in excess of 60 days in respect of a pensioner, whether granted a pension as an officer or militiaman, where

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  shall not be counted as augmenting service and no contributions shall be required in respect of that period, but such period shall not break the continuity of augmenting service.

• (5) A pensioner who was granted a pension as an officer and who has been absent from duty may elect within 30 days of the expiration of his absence from duty not to contribute in respect of that absence, in which case that period of absence shall not be counted as augmenting service and no contributions shall be required under this section in respect of that period.

• 7 (1) The whole of the elected augmenting service of a pensioner granted his original pension as an officer shall be subject to deductions in the following manner:

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  • (b) in respect of that part of elected augmenting service, which the pensioner performed prior to the making of the election required by section 5, the whole of that augmenting service shall be subject to deductions

    • (i) where it is non-contributory augmenting service, to the same extent and in the manner as if that augmenting service were prior non-contributory service under Part V of the former Act and the election made to count that augmenting service were made under subsection 48(1) of the former Act and regulations relating thereto, and

    • (ii) where it is contributory service and deductions or contributions have been made under the Act, the Public Service Superannuation Act or the Civil Service Superannuation Act, or deferred pay deductions have been made from his pay and allowances, pursuant to pay regulations applicable to his service, and

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      • (B) those deductions or contributions have previously been repaid to him by way of gratuity or otherwise, to the same extent and in the manner as if that augmenting service could be counted as service under subsections 56(3) and (4) of the former Act and regulations relating thereto.

• (2) The sums required by this section shall,

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  • (b) where transfers are applicable, be debited to the appropriate account and credited as revenues of Canada.

• 3 (1) For the purpose of computing a pension in respect of an officer, other than a pensioner, service , in addition to any periods specified in Parts I to III of the Act, includes any continuous period of full-time service of six months or more in the naval, army or air forces of Her Majesty raised in Canada or the Canadian Forces, other than the forces, if

  • (a) during such period he received the pay of his rank as though he were in the forces as defined in such Part, and

  but that service may not be counted as service under any other provision of any such Parts, except to the extent prescribed by paragraph 7(e), paragraph (b) of the definition service in section 37(1) or paragraph (c) of the definition service in section 41 of the Act for the purpose of determining eligibility for pension.

• (2) Where a person, prior to the war that commenced on September 10, 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 for six months or more, 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, such continuous period of full-time service shall be included for the purpose of making contributions and of computing a pension to which he may be entitled under Parts I to III of the Act.

26 The amount of the reduction of the monthly instalment of the pension of an officer who makes an election is equal to the amount determined as follows:

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• (b) convert the amount determined in accordance with paragraph (a) into a joint and survivor pension benefit that consists of

  • (i) a pension that is payable, during the life of the officer, by monthly instalments beginning on the first day of the month after the month in which the election is made, and that is determined taking into account the supplementary benefits payable under the Supplementary Retirement Benefits Act, as if the pension were a pension payable under Parts I to III of the Defence Services Pension Continuation Act, and

  • (ii) a pension that is payable during the life of the surviving spouse, by monthly instalments beginning on the first day of the month after the month in which the officer died and that is equal to 30, 40 or 50 per cent, in accordance with the election made by the officer, of the pension determined in accordance with subparagraph (i), and that is determined taking into account the supplementary benefits payable under the Supplementary Retirement Benefits Act, as if the pension were a pension payable under Parts I to III of the Defence Services Pension Continuation Act; and

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