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Diplomatic Service (Special) Superannuation Act

Version of section 9 from 2002-12-31 to 2003-08-31:


Marginal note:Election to accept pension in lieu of any other pension

  •  (1) Where a Public Official who is not a contributor under the Public Service Superannuation Act and who is not a member of a special pension plan established under the Special Retirement Arrangements Act elects in writing, at any time prior to the Public Official’s retirement or resignation as a Public Official, to accept a pension authorized by this section, the Public Official is entitled, in lieu of the pension authorized by section 5, to a pension equal to two thirds of the pension to which the Public Official would, but for that election, have been entitled under section 5.

  • Marginal note:Pension to spouse of pensioner

    (2) Where a Public Official is receiving a pension under subsection (1), his spouse is entitled to a pension equal to one-half of the pension to which that Public Official is entitled.

  • Marginal note:Pension to surviving spouse

    (3) Where a Public Official who has made an election under subsection (1) dies while holding office as a Public Official, his surviving spouse is entitled to a pension equal to one-half of the pension to which that Public Official would have been entitled had he, immediately prior to his death, retired or resigned from his office, having become afflicted with a permanent infirmity disabling him from the due execution of his office.

  • Marginal note:Election irrevocable

    (4) An election made under this section is irrevocable.

  • (5) [Repealed, 1989, c. 6, s. 14]

  • Marginal note:Return of contributions to surviving spouse not entitled to pension

    (6) Where a Public Official who has made an election under subsection (1) dies while holding office as a Public Official and the surviving spouse is not entitled to a pension under subsection (3), there shall be paid, as a death benefit, to the surviving spouse the total amount of the contributions made by the Public Official under this Part, together with interest, if any, calculated pursuant to subsection 5(10).

  • R.S., 1985, c. D-2, s. 9
  • 1989, c. 6, s. 14
  • 1992, c. 46, s. 89
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