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

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.