Defence Services Pension Continuation Act

Marginal note:Election

• 26.1 (1) Where an officer who is in receipt of a pension has a spouse and, by reason of paragraph 26(d) or (e), a pension could not be granted to the spouse under section 25 in the event of the officer’s death, the officer may elect, at the prescribed time and in the prescribed manner, to reduce the amount of the officer’s pension in order that a pension could be granted to the spouse under subsection (3).

• Marginal note:Reduction of pension

  (2) If an officer makes an election, the amount of the officer’s pension shall be reduced in accordance with the regulations, but the actuarial present value of both the reduced pension and the pension that could be granted to the spouse under subsection (3) may not be less than the actuarial present value of the officer’s pension immediately before the reduction is made.

• Marginal note:Pension to widow

  (3) The Minister shall grant a pension to the widow of any officer who makes an election if

  • (a) the widow was the spouse of the officer both at the time of the election and at the time of death; and

  • (b) the election has not been revoked under subsection (5).

• Marginal note:Amount of pension

  (4) The pension granted to a widow under subsection (3) shall be in an amount determined in accordance with the regulations.

• Marginal note:Revocation of election

  (5) If an officer who makes an election is subsequently enrolled in or transferred to the regular force and required by subsection 5(1) of the Canadian Forces Superannuation Act to contribute to the Canadian Forces Superannuation Account, the election is deemed to be revoked at the time determined in accordance with the regulations, but otherwise an election is irrevocable.

• Marginal note:Section 32 does not apply

  (6) Section 32 does not apply to a widow who is granted a pension under subsection (3).

• Marginal note:Regulations

  (7) The Governor in Council may make regulations

  • (a) prescribing the time at which and manner in which an election may be made under subsection (1);

  • (b) respecting the reduction to be made in the amount of an officer’s pension under subsection (2);

  • (c) respecting the amount of the pension granted to a widow under subsection (3);

  • (d) determining the time at which an election is deemed to be revoked under subsection (5); and

  • (e) generally as the Governor in Council considers necessary for carrying out the purposes and provisions of this section.