Diplomatic Service (Special) Superannuation Act — D-2 5
nder subsection (1) on his retirement or resignation, together with such amount as is determined in accordance with the regulations to be the amount of any retirement or disability pension to which he is entitled under the Canada Pension Plan (or to which he would be entitled thereunder if he applied therefor and in the case of a retirement pension, it had not been commuted), that is attributable to contributions made thereunder in respect of his employment as a Public Official is less than (b) the amount of the pension to which he would have been entitled under this Act if no deduction was made as required under subsection (3), the amount of the pension to which that Public Official is entitled under this Act shall, on application therefor by him in the manner prescribed by the regulations, be increased by the amount of the difference effective from such day as is determined in accordance with the regulations. Maximum pension (7) Notwithstanding anything in this section, the pension to which a Public Official is entitled under this section shall not exceed an amount that, when added to any superannuation or retirement pension or annuity received by him in respect of any prior service under any other Act of Parliament, equals the pension to which he would have been entitled if the prior service and the annual remuneration on which that other pension or annuity is calculated were, respectively, additional years of service in a Public Office and salary as a Public Official. Return of contributions to Public Official on retirement or resignation (8) Every Public Official who (a) immediately prior to his appointment to a Public Office was not a contributor under the Civil Service Superannuation Act or the Public Service Superannuation Act , and (b) on his retirement or resignation is not entitled to a pension under subsection (1), is entitled, on his retirement or resignation, to a return of the total contributions made by him under this Part, together with interest, if any, calculated pursuant to subsection (10). Return of contributions to survivor (9) On the death of a Public Official who is a contributor under this Act, other than a Public Official who has made an election under subsection 9(1), there shall be paid, as a death benefit, to his or her survivor the total amount of the contributions made by that Public Official under this Part, together with interest, if any, calculated pursuant to subsection (10). Apportionment of death benefit when two survivors (9.1) When a death benefit is payable under subsection (9) and there are two survivors of the Public Official, the total amount of the death benefit shall be apportioned in accordance with subsections (9.2) and (9.3). Amount payable to spouse (9.2) The survivor referred to in paragraph (a) of the definition “survivor” in section 2 is entitled to receive the proportion of the death benefit 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 two survivors, either while married or while in a relationship of a conjugal nature. Amount payable to common-law partner (9.3) The survivor referred to in paragraph (b) of the definition “survivor” in section 2 is entitled to receive the proportion of the death benefit 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 two survivors, either while married or while in a relationship of a conjugal nature. Years (9.4) In determining a number of years for the purpose of subsection (9.2) or (9.3), a part of a year shall be counted as a full year if the part is six or more months and shall be ignored if it is less. Interest