Diplomatic Service (Special) Superannuation Act — D-2 9
Election to accept pension in lieu of any other pension 9 (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. Pension to spouse or common-law partner (2) When a Public Official is receiving a pension under subsection (1), the Public Official’s spouse or common-law partner is entitled to a pension equal to one-half of the pension to which that Public Official is entitled. Apportionment between a spouse and common-law partner (2.1) If a Public Official has both a spouse and a common-law partner on the first day that the Public Official’s pension is payable, the pension referred to in subsection (2) shall be apportioned between the spouse and the common-law partner on the basis of their number of years of cohabitation with the Public Official before that day. Pension payable to spouse (2.2) The spouse of the Public Official is entitled to receive the proportion of the amount referred to in subsection (2) that (a) the aggregate of the number of years that he or she cohabited with the Public Official while married to the Public Official and the number of years that he or she cohabited with the Public Official in a relationship of a conjugal nature bears to (b) the total number of years that the Public Official cohabited with the spouse and the common-law partner, either while married or while in a relationship of a conjugal nature. Pension payable to common-law partner (2.3) The common-law partner of the Public Official is entitled to receive the proportion of the amount referred to in subsection (2) that (a) the number of years that he or she cohabited with the Public Official in a relationship of a conjugal nature bears to (b) the total number of years that the Public Official cohabited with the spouse and the common-law partner, either while married or while in a relationship of a conjugal nature. When only one person entitled (2.4) If, in respect of a Public Official, subsection (2.1) does not apply, the only person who is entitled to a pension under subsection (2) is (a) the person who is the Public Official’s spouse or common-law partner on the first day that the Public Official’s pension is payable; or (b) if the Public Official has neither a spouse nor a common-law partner on the first day that the Public Official’s pension is payable, the person who first becomes the Public Official’s spouse or common-law partner after that day. Pension to survivor (3) When a Public Official who has made an election under subsection (1) dies while holding office as a Public Official, his or her survivor is entitled to a pension equal to one-half of the pension to which that Public Official would have been entitled had he or she, immediately prior to his or her death, retired or resigned from office, having become afflicted with a permanent infirmity disabling him or her from the due execution of his or her office. Election irrevocable (4) An election made under this section is irrevocable. (5) [Repealed, 1989, c. 6, s. 14] Return of contributions to survivor not entitled to pension (6) When a Public Official who has made an election under subsection (1) dies while holding office as a Public Official and the survivor is not entitled to a pension under subsection (3), there shall be paid, as a death benefit, to the survivor 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). Apportionment when two survivors (7) Whe