Basic Search

• 19 (1) Notwithstanding section 18, an officer may make an election after the expiration of the period provided for in that section where the officer has received in writing, from a member of the Canadian Forces or person employed in the Public Service whose ordinary duties included the giving of advice respecting the election,

  [...]

[...]

8 Where a pensioner, contributing for elected augmenting service by way of repayment by instalments any amount required by section 6 or by way of making the deductions required by section 7, ceases to serve on augmenting service before payment of those instalments or deductions have been made in full, he shall be deemed to have contributed in respect of the augmenting service for which he elected and the remaining instalments or deductions shall be reserved out of his pension.

• [...]

• (2) A pensioner, electing to count the whole of that augmenting service pursuant to paragraph 5(1)(b) and in respect of which he has been paid a gratuity, or during that service has received pension payments, shall repay an amount equal to the gratuity or pension payments received by him during that service, together with simple interest at the rate of four per cent per annum from the date of payment of that gratuity or pension payments to the date of his election under that section, and where the pensioner has elected to count part of that augmenting service, the repayment required in respect of that part shall be the proportion of the said amount that the part is of the whole of his augmenting service, except that no repayment is required for a period when the pensioner's pay and allowances are reduced by the amount of the gross pension paid, pursuant to relevant pay regulations.

• [...]

• (4) Where a periodic scheme of payment is in effect under this section, the pensioner may at any time elect to settle any amount outstanding by one sum or to arrange to pay that amount by instalments over a shorter period.

Marginal note:Act not applicable to certain persons

45 This Act does not apply to officers or militiamen who were not in the forces on the 31st day of March 1946 and who were or are appointed to or enlisted in the forces subsequent to that day and who have not been granted a pension under this Act.

[...]

Marginal note:Diversion of payments to satisfy financial support order

• 35.1 (1) When any court in Canada of competent jurisdiction has made an order requiring a pensioner to pay financial support, amounts payable to the pensioner 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 pensioner

  (2) For the purposes of this Act, any payment made pursuant to subsection (1) shall be deemed to have been made to the pensioner in respect of whom the payment was made.

[...]