Basic Search

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:

• (a) calculate the actuarial present value of the pension to which the officer is entitled under Parts I to III of the Act immediately before the election, and the supplementary benefits payable in respect thereof under the Supplementary Retirement Benefits Act;

• (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

• (c) subtract the first monthly instalment of the pension referred to in subparagraph (b)(i) from the first monthly instalment of the pension referred to in paragraph (a), and adjust the amount obtained to take into account

  • [...]

  • (ii) that the reduction becomes effective in the month referred to in section 31, and

  • (iii) that the increase in the reduction under section 27 will apply to the reduction in each year referred to in that section.

[...]

51 The Governor in Council may make regulations

• (a) providing for the counting as service under any of Parts I to III of service as a member of the Canadian Forces after the coming into force of Part I of the Canadian Forces Reorganization Act to the extent provided under this Act for the counting of service in the naval, army or air forces of Canada; and

• (b) for the making of such other adaptations of any of the provisions of this Act as are necessary in order to give effect to those provisions in relation to sections 14 to 17, subsections 20(1) and (2), and section 21 of the National Defence Act.

[...]

Marginal note:Compulsory retirement

• [...]

• Marginal note:Seconded officers

  (9) Any officer who is or has been seconded shall, during the time that he is seconded, continue to contribute, from time to time, to the Consolidated Revenue Fund, sums equal to the deductions that would have been made from his pay if he had not been seconded, and he is in such case, upon his retirement from the force, entitled, subject to this Act, to the pension that he would have received if he had continued to serve in the force until the time of his retirement.

• Marginal note:Service in public service, C.E.F., etc.

  (10) In the case of an officer who has been seconded or given leave of absence for service in a position in the public service of Canada or in the Canadian Expeditionary Force or in any other military force raised in Canada for service outside Canada and paid and maintained by the Government of Canada, or who has been permitted to serve in any such force, deductions at the rate of five per cent per annum shall be made from the salary or pay, as the case may be, which such officer is receiving in the public service or as an officer in any such force, and those deductions shall form part of the Consolidated Revenue Fund and shall be treated in all respects as deductions under this Act; and, notwithstanding anything in this Act, the pension granted an officer thus seconded, or thus serving in any such force shall be based on the average annual salary and allowances or pay and allowances, as the case may be, that, during the three years immediately preceding his retirement, the said officer received from the said Government in the public service, or in such force in whichever he may have been serving during the said three years.

• Marginal note:Reservations from salary treated as deductions

  (11) Where, by reason of a position in the public service of Canada to which any officer is seconded, he becomes subject to Part I of the Civil Service Superannuation Act, the reservations from his salary in the public service of Canada by the said Part I required to be made, shall be treated in all respects as deductions under this Act, and as satisfying the contributions that such officer is, by subsections (9) and (10), required to make.

• Marginal note:Computation of pension of officers subject to Civil Service Superannuation Act

  (12) The pension to which any such officer may become entitled shall be computed in respect of the average annual pay and allowances or salary and allowances of which he was in receipt while serving in the force, or, if seconded, in the public service of Canada, as the case may be, during the three years immediately preceding his retirement from the force.

• Marginal note:Adjustment of pension of certain officers

  (13) Any officer who, being seconded, dies after a period at which a pension might be granted him, shall, if he has made the contributions hereinbefore required, be deemed to be on full pay for the purposes of section 25.

• Marginal note:Computation of pensions of members of Defence Council

  (14) The pension of an officer who during his service was a member or associate member of the Defence Council for a period of not less than three continuous years and who, at the date of his retirement, is serving elsewhere in naval, army or air force employment, or is seconded, shall be computed on the average annual amount of the pay and allowances received by him during the last three years while serving as a member or associate member of the Defence Council, if a pension computed in such manner would be more beneficial to the officer than if computed as otherwise provided by this Act.

[...]

Marginal note:Pension to include amount of augmentation

• 50 (1) For the purposes of this Act, the pension payable to a recipient under any of Parts I to III is the pension otherwise payable to the recipient thereunder, plus any amount by which that pension was, by Order in Council P.C. 77/8785 of the 26th day of September 1942 made under the War Measures Act, authorized to be augmented, which Order shall, for the purposes of this Act, be deemed to have been made under a provision of this section that, at the time when the Order was made, authorized the making thereof, and to have continued in effect thereafter, in respect of any service before the 31st day of March 1947 in respect of which such augmentation was authorized, notwithstanding the revocation of such Order on the 31st day of March 1947.

• Marginal note:Public Service Pension Adjustment Act

  (2) For the purposes of the Public Service Pension Adjustment Act, a pension equal to the amount by which any pension otherwise payable to a recipient under any of Parts I to III was authorized as described in subsection (1) to be augmented shall be deemed to be payable to the recipient under this section, in the same manner, at the same time, for and in respect of the same period and subject to the same terms and conditions as the pension authorized to be augmented.

[...]

Marginal note:Definitions

• 37 (1) In the application of this Act to the Royal Canadian Navy,

  man

  man  means chief petty officer, petty officer, leading seaman, able seaman and ordinary seaman and equivalent in the Royal Canadian Navy, and the expression “militiaman”, as used in this Act, includes a man  as herein defined; (homme)

  service

  service , in the case of an officer, includes

  • [...]

  • (b) one-half of the time served in the Royal Canadian Naval Reserve or Royal Canadian Naval Volunteer Reserve if he has served at least ten years in the Royal Canadian Navy, but the time to be credited to an officer under this definition for service in the Royal Canadian Naval Reserve or Royal Canadian Naval Volunteer Reserve shall in no case exceed ten years; and if an officer’s pension is increased under the authority of this definition, then in addition to the deductions mentioned in this Act, such pension shall be subject to an annual deduction for a number of years equal to the number of years added to his service under the said authority, such deduction to be equivalent to five per cent of the pay that the officer was receiving at the time of his retirement from the force. (service, dans le cas d’un officier)

• Marginal note:Allowances

  (2) Notwithstanding that lodging, provisions, light and fuel, or any of them, are furnished in kind to an officer, the deductions from pay and pension, mentioned in section 9, and the pensions provided by this Act shall be computed as if the allowances in lieu thereof had in fact been paid.

[...]