Defence Services Pension Part V Regulations (SOR/55-416)

• 13 (1) A contributor other than a contributor to whom section 12 applies who prior to becoming a contributor under Part V had service in the forces as an officer appointed temporarily or under a commission for a fixed term and who on termination of such services was paid under the appropriate Pay and Allowances Regulations an amount equal to the amount of the deferred pay deducted or a gratuity or both, may have such service counted for the purpose of computing a pension or gratuity under Part V if

  • (a) he contributes the amount of deferred pay previously refunded to him, together with simple interest at four per centum per annum for the period from the date of refund of such deferred pay to the date of his election to count such service under subsection (4) of section 56 of the Act, and

  • (b) the amount of any gratuity paid under the provision of Pay and Allowance Regulations is refunded to the Receiver General together with simple interest at four per centum per annum for the period from the date of payment to the date of election to count such service under the provisions of subsection (4) of section 56 of the Act.

• (2) The payment required under subsection (1) may be made in one sum or in instalments as prescribed by section 7.

14 The rates of allowances in respect of a contributor who, before or after the coming into force of this section, elected pursuant to subsection (1) of section 48 of the Act to contribute in respect of service described in subparagraph (iii) of paragraph (i) of subsection (1) of section 45 of the Act shall, for the purposes of subsection (2b) of section 48 of the Act, be those set out in section 3 in effect at the date of his election for the rank or ranks in the Canadian forces corresponding to the rank or ranks held by him during that service.

• 15 (1) A contributor who pursuant to subsection (1) of section 48 of the Act elects to contribute in respect of service as described in subparagraphs (i) and (ii) of paragraph (i) of subsection (1) of section 45 of the Act shall for the purposes of Part V have his contributions, interest, pension and gratuity computed on the following emoluments:

  • (a) in respect of time served in the civil service, subject to section 20, the same emoluments as those on which contributions would have been required to be made under the Civil Service Superannuation Act, or the Public Service Superannuation Act;

  • (b) in respect of time served in the Royal Canadian Mounted Police, the same emoluments as those on which pension under the Royal Canadian Mounted Police Act would have been calculated had the contributor by reason of his service in the Royal Canadian Mounted Police, become eligible for a pension under the Royal Canadian Mounted Police Act;

  • (c) in respect of time served on active service in the naval, army or air forces of His Majesty raised in Canada during time of war the following and no other active service rates of pay and allowances:

    • (i) in the case of service with the naval forces, pay of rank or rating, command money, specialist pay, non-substantive pay, staff pay and marriage and dependents’ allowances for wives and dependent children and subsistence allowance at standard rates payable in respect of service in Canada whether or not such last mentioned allowance was in fact paid;

    • (ii) in the case of service with the army, pay of rank, classified rates of pay, consolidated pay, command pay, trades pay, additional pay while extra regimentally employed and marriage and dependents’ allowances for wives and dependent children and subsistence allowance at standard rates payable in respect of service in Canada whether or not such last mentioned allowance was in fact paid; and

    • (iii) in the case of service with the air force, either consolidated pay, classified rates of pay or pay of rank and group (excluding the difference between General List and Non-Flying rates of pay, when General List rates of pay were in issue), and command pay and headquarters pay and marriage and dependents’ allowances for wives and dependent children and subsistence allowance at standard rates payable in respect of service in Canada whether or not such last mentioned allowance was in fact paid.

• (2) The amount of contributions required of a contributor in respect of service for which he elects under subsection (2a) of section 48 of the Act is as follows:

  • (a) if he was a contributor immediately prior to the coming into force of this subsection, having served continuously in the forces from that date to the date of election, and the election is made within one year of the coming into force of this subsection; or

  • (b) if he was a former contributor prior to the coming into force of this subsection to whom paragraph (a) did not apply and the election is made within one year of his first becoming a contributor subsequent to the coming into force of this subsection;

  the amount required is an amount equal to the amount he would be required to contribute had he elected under subsection (1) of section 48 of the Act, and

  • (c) if he is not a contributor as described in paragraph (a) or (b) the amount required is an amount equal to that which he would have been required to contribute had he elected under subsection (1) of section 48 of the Act, but computed on his current rate of pay together with allowances set out in section 3 applicable to his rank.

• (3) An election in respect of service for which a contributor might have elected to contribute, but for which he failed so to elect in the time prescribed therefor, is an election made under subsection (2a) of section 48 of the Act, notwithstanding that he may have been retired and re-enrolled subsequent to the failure to so elect.

• (4) Every medical examination required by subsection (6) of section 48 of the Act shall be undergone by the contributor required to be so examined

  • (a) within such time before or after the making of the election by that contributor as the Minister prescribes; and

  • (b) before a service medical officer or civilian medical practitioner who shall examine him in accordance with the medical standards applicable to his employment and shall certify that the contributor has passed or not passed the medical examination.

• 16 (1) A contributor who, pursuant to subsection (1) of section 48 of the Act, elects to contribute in respect of service as described in subparagraph (iv) of paragraph (i) of subsection (1) of section 45 of the Act, shall for the purposes of Part V be deemed to have received pay on a full-time basis for the rank or ranks held by him during that service at the basic rates for the equivalent rank or ranks prescribed by the relevant pay regulations, together with the allowances set out in section 3 for the equivalent rank or ranks held by him during that service in effect at the date of his election.

• (2) The contribution required for such service shall be one-fourth of the contribution which would have been required if the whole of such service might be counted.

• 17 (1) A contributor who had officer status under Parts I to IV at the date of his election to become a contributor under Part V and who pursuant to subparagraph (v) of paragraph (i) of subsection (1) of section 45 of the Act had service which may be counted as service under any other Part of the Act shall at the date of retirement have fulfilled the conditions required under paragraph (e) of section 7 or subparagraph (ii) of paragraph (e) of section 36 or subparagraph (iii) of paragraph (d) of section 40 of the Act as applicable, in order that such service may be counted as half-time.

• (2) A contributor who elects to count service as described in subsection (1) shall contribute for such service on the basis that it may count as half-time rather than one-quarter time in anticipation of his fulfillment of the conditions described in subsection (1).

• (3) In the event that at date of retirement a contributor has not fulfilled the conditions of subsection (1), he shall be entitled to a refund of contributions equal to the difference between the amount he contributed and the amount he should have contributed were such service to count as one-quarter time.

• (4) This section applies to every contributor who at any time elected to become a contributor under Part V on or before the thirty-first day of December, 1950, notwithstanding that his election may have been made prior to the coming into force of this section.

• 18 (1) A contributor who, pursuant to subsection (1) of section 48 of the Act, elects to contribute in respect of service as described in subparagraph (v) of paragraph (i) of subsection (1) of section 45 of the Act, shall for the purposes of Part V have his contributions and interest computed

  • (a) in respect of service described in paragraph (e) of section 7, subparagraph (ii) of paragraph (e) of section 36 and subparagraph (iii) of paragraph (d) of section 40 of the Act,

    • (i) the pay for the rank or ranks held by him during that service at the basic rates prescribed by the relevant regulations together with allowances set out in section 3 for the rank or ranks held by him during that service at the date of his election,

    • (ii) the contribution, required for one-half of that service shall be one-half of the contribution which would be required if the whole of that service might be counted and the contribution required for any part of that service less than one-half thereof, shall be that proportion of the said contribution for the said one-half which the said part is of the said one-half;

  • (b) in respect of service in the “force” or “forces” as defined in Parts I, II and III, such of the pay, and allowances in money or in kind, as were paid to or on behalf of the contributor during his said service upon which pension would have been calculated had he become eligible for a pension under Parts I, II and III; and

  • (c) in respect of the service referred to in paragraph (f) of section 7, and paragraph (f) of subsection (3) of section 13 of the Act, the pay and allowances payable to or on behalf of the contributor for that service.

19 A contributor who had service in the forces as described in subsection (2) of section 56 of the Act shall for the purposes of Part V have his pension contributions for that service calculated on the pay and allowances which were payable in money or in kind to or on behalf of the contributor during that service and upon which pension would have been calculated had he become eligible for a pension under Parts I, II and III.

20 The contribution required for the period during which a contributor under the Civil Service Superannuation Act, or the Public Service Superannuation Act was absent on leave from the civil service or the public service on active or full-time service in Her Majesty’s forces shall be computed on the pay and allowances payable to the contributor during the period of that service.

Absence from Duty or Secondment

• 21 (1) Subject to subsections (6) and (7), a contributor who, before or after the coming into force of this subsection, was absent from duty in the naval, army or air forces of Canada for any purpose, including absence on leave without pay and allowances or secondment without pay and allowances, shall, whether or not he was a contributor at the time of such absence, contribute, in respect of such period of absence by making payments in accordance with subsection (2), and such period of absence shall be counted as service for the purposes of computing a pension or gratuity.

• (2) The contributions required to be paid by a contributor to whom subsection (1) applies shall be payable

  • (a) where the period does not exceed ninety-two days, monthly by means of a debit to his pay account; or

  • (b) where the period exceeds ninety-two days, by

    • (i) monthly remittances in favour of the Receiver General of Canada, or

    • (ii) reservations in equal instalments from his pay and allowances for a period commencing on the expiration of his absence from duty equal to the period during which he was absent from duty.

• (3) Notwithstanding anything in this section, a contributor may pay, in one sum, at any time prior to the expiration of the period described in subparagraph (ii) of paragraph (b) of subsection (2), the amount payable by him into the Consolidated Revenue Fund in respect of any period he is absent from duty.

• (4) Where a contributor, granted a period of absence on leave or secondment as prescribed in subsection (1), has elected to pay arrears of contributions pursuant to section 48 of the Act by instalments, those instalments shall be paid in the manner set out in subsection (2).

• (5) When any amount payable by a contributor under this section is unpaid at the time of his retirement, that amount shall be paid out of any pension or gratuity that is payable under the Act to the contributor

  • (a) in one sum from the gratuity, or

  • (b) by reservation out of any pension in equal instalments for a period equal to that portion of the period described in subparagraph (ii) of paragraph (b) of subsection (2) during which no contributions were made by him as required by that subsection.

• (6) A continuous period of absence from duty in excess of sixty days in respect of which

  • (a) a forfeiture of pay and allowances is imposed,

  • (b) a deduction in an amount equal to the whole of the pay and allowances withheld is imposed by reason of suspension from duty, or

  • (c) a continuous combination of the periods described in (a) and (b),

  shall not be counted as service for the purposes of computing a pension or gratuity and no contributions shall be deducted in respect of that period.

• (7) A contributor who has been absent from duty as described in subsection (1) may,

  • (a) within one year after the coming into force of this subsection, in the case of a period of absence ending before the coming into force of this subsection, or

  • (b) within thirty days after the end of such period of absence, in the case of a period of absence ending after the coming into force of this subsection,

  elect not to contribute in respect of such period of absence, in which case that period of absence shall not be counted for the purposes of computing a pension or gratuity under the Act, and no contributions shall be required by this section in respect of that period.