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Marginal note:Pension to officer or militiaman of His Majesty’s Army Reserve who enlisted in Permanent Force

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• Marginal note:Election

  (2) An officer or militiaman to whom subsection (1) applies, shall be required to elect whether he shall be granted the pension therein mentioned, and if he so elects his service from the date of his enlistment in the Force while belonging to the said Army Reserve until the date he was struck off the strength of the Canadian Expeditionary Force, shall not be included in the term of service for any other pension or a gratuity under this Act; any gratuity or pension under this Act granted to an officer or militiaman prior to his so electing shall be re-computed as of the date on which the pension mentioned in subsection (1) commenced by excluding from the term of service on which such gratuity or pension was based the service first mentioned in this subsection; if by the exclusion of such service the officer or militiaman has not sufficient service to entitle him to a gratuity or pension, or the gratuity or pension to which he would be entitled on such re-computation is less than the gratuity or pension heretofore granted, there will be recovered from the pension payable to such officer or militiaman, under subsection (1), all payments of gratuity and pension or overpayments thereof which have resulted; but if an officer who has already been granted a pension under this Act elects as aforesaid, and by the exclusion of the service mentioned he becomes ineligible for the grant of such pension, but becomes eligible for the payment of a gratuity under this Act, then such gratuity shall be applied toward the recovery of the payments of pension already made, and any balance of such payments not met by the application of such gratuity shall be recovered from the pension payable to such officer under subsection (1).

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Marginal note:Election for officers

• 26.1 (1) If the person to whom an officer is married or with whom the officer is cohabiting in a relationship of a conjugal nature, having so cohabited for a period of at least one year, could not be granted, by reason of paragraph 26(d) or (e), a pension under section 25 in the event of the officer’s death, the officer may elect, in accordance with the regulations, to reduce the amount of the officer’s pension in order that a pension could be granted to the person under subsection (2).

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• Marginal note:No entitlement

  (3) A person who is entitled to receive a pension under section 32 after the officer’s death is not entitled to a pension under subsection (2) in respect of that officer.

• (4) The Governor in Council may make regulations respecting

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  • (d) any other matter that the Governor in Council considers necessary for carrying out the purposes and provisions of this section.

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Marginal note:Authority to substitute actual date

231 On or after the day on which a provision of this Act, or a provision of an Act enacted by this Act, comes into force, the Governor in Council may, by order, amend that provision or any other provision that makes reference to that provision, by replacing references to the day on which that provision comes into force with references to the actual date on which that provision came into force.

Marginal note:Board of directors

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• (2) The following persons are disqualified from being directors:

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  • (g) a person who

    • (i) is entitled to or has been granted a pension benefit under the Public Service Superannuation Act, the Canadian Forces Superannuation Act or the Royal Canadian Mounted Police Superannuation Act,

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33 Where an election ceases to have effect pursuant to section 30, or is deemed to be revoked pursuant to section 32, the reduction ceases on the first day of the month in which the election is revoked or ceases to have effect.

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