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17 For the purposes of sections 18 to 34,

election

election means an election under section 26.1 of the Act; (choix)

level of reduction

level of reduction means, in respect of a pension, one of the three amounts determined pursuant to section 26, where levels one, two and three correspond to a reduction that provides a surviving spouse with a pension that is equal to 30, 40 or 50 per cent, respectively, of a pension referred to in subparagraph 26(b)(i), if paragraph 26(b) were read without reference to supplementary benefits payable under the Supplementary Retirement Benefits Act; (niveau de réduction)

officer

officer means an officer referred to in section 26.1 of the Act; (officier)

spouse

spouse means a spouse referred to in section 26.1 of the Act. (conjoint)

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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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• 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.

• 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

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  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.