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• 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:

  • (a) in respect of that part of augmenting service, which the pensioner performs subsequent to the date of his election, a deduction shall be made from his pay at the rate and in the manner set out in section 47 of the former Act; and

  • (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

      • (A) those deductions or contributions have not previously been repaid to him by way of gratuity or otherwise, such deductions or contributions shall be deemed to be the deductions required by this section in respect of the period of service for which the deductions or contributions were made, or

      • (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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Marginal note:Definitions

2 The definitions in this section apply in this Act.

Board

Board  means the Public Sector Pension Investment Board established by section 3. (Office)

fund

fund  means

• (a) the Canadian Forces Pension Fund or the Canadian Forces Superannuation Investment Fund within the meaning of the Canadian Forces Superannuation Act, or, if regulations are made under section 59.1 of that Act, a fund established under the regulations;

• (b) the Public Service Pension Fund or the Public Service Superannuation Investment Fund, within the meaning of the Public Service Superannuation Act; or

• (c) the Royal Canadian Mounted Police Pension Fund or the Royal Canadian Mounted Police Superannuation Investment Fund, within the meaning of the Royal Canadian Mounted Police Superannuation Act. (fonds)

Marginal note:Coming into force

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• Marginal note:Coming into force

  (2) Section 103 comes into force on October 1, 1999.

• Marginal note:Coming into force

  Footnote ^*(3) The definition contributor in subsection 53(2), sections 55 to 60, subsections 62(1) and (3), section 63, subsection 64(4), sections 67, 69, 73, 74, 78, 79, 85 and 86, subsections 91(1), (2) and (6), 92(1) and 95(1), sections 96, 107 to 110 and 114, subsection 115(1), sections 117 to 120, 125 and sections 127 to 129, subsections 130(1) and (2), sections 131, 132 and 134, subsection 142(2), section 143, subsections 146(1), 147(1) and 151(1), sections 152, 154, 155, 157, 158 and 160, subsections 161(1) and (4) and 162(1), sections 163, 164 and 168, the definition contributor in subsection 169(1), sections 171 to 174, subsection 176(3), sections 177 to 179, 182, 190 and 191, subsections 193(1) and 194(1), section 195, subsection 198(1), section 199, subsection 201(1) and sections 202, 203 and 227 come into force on a day or days to be fixed by order of the Governor in Council.

  • Return to footnote ^*[Note: The definition contributor in subsection 3(1) of the Public Service Superannuation Act, as enacted by subsection 53(2), sections 55 to 60, subsections 62(1) and (3), section 63, subsection 64(4), sections 67, 69, 73, 74, 78, 79, 85 and 86, subsections 91(1), (2) and (6) and 92(1), sections 107 to 110, subsection 115(1), section 117, subsection 118(1), section 119, subsections 120(1) and (2), sections 127 and 134, subsection 142(2), section 143, subsections 146(1), 147(1) and 162(1), sections 163 and 164, the definition contributor in subsection 3(1) of the Royal Canadian Mounted Police Superannuation Act, as enacted by subsection 169(1), section 171, subsection 172(1), section 173, subsection 174(1), sections 177, 182 and 190, subsections 193(1) and 194(1), section 195, subsection 201(1) and sections 202 and 203 in force January 1, 2000, subsection 95(1), section 96, subsection 151(1), section 152, subsection 198(1) and section 199 in force April 1, 2000, sections 114 and 227 in force October 1, 2000, section 125 and subsection 176(3) in force January 1, 2001, see SI/99-138; sections 178 and 179 in force September 1, 2003, see SI/2003-145; clauses 6(b)(ii)(M) and (N) of the Royal Canadian Mounted Police Superannuation Act, as enacted by subsection 172(4) and subsection 174(2) in force October 26, 2006, see SI/2006-116; section 154 in force March 1, 2007, see SI/2007-21; subsection 172(2), clauses 6(b)(ii)(L), (O) and (P) of the Royal Canadian Mounted Police Superannuation Act, as enacted by subsection 172(4) and section 191 in force June 18, 2009, see 2009, c. 13, s. 17.]

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

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  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.

• 13 (1) In this section, pension means an annual pension payable under the Act to a widow or child and includes a compassionate allowance payable to a child.

• (2) For the purposes of this section, where, under the Act, a pension is payable to a child, the widow of the person in respect of whom that pension is payable to that child is presumed, prima facie, to be the guardian of that child.

• (3) Where, upon the death of any person in respect of whom any pension becomes payable under the Act to a successor, application in writing may be made, by or on behalf of the successor, to the Minister for payment out of the Consolidated Revenue Fund of the whole or any part of the portion of any estate, legacy, succession or inheritance duties or taxes that are payable by the successor and attributable to that pension, and where the Minister directs, in accordance with the application, that the whole or any part of such duties or taxes shall be paid out of the Consolidated Revenue Fund, the maximum portion of the said duties or taxes that may be paid is the proportion that

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• (5) Where the pension of a successor is to be or is being reduced under this section for a term and the successor, being the widow of a former officer, remarries before the end of the term and the pension is suspended, if at any time the pension is resumed it shall be reduced for a term equal to the term or the balance of the term, as the case may be, during which the pension would have been reduced had it not been suspended and such reduction shall be made to the same extent and in the same manner as the pension was reduced immediately prior to the suspension.