Diplomatic Service (Special) Superannuation Act — D-2 5
Pension to Public Official 5 (1) Every Public Official who (a) has served as a Public Official for not less than five years, and (b) 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 is, subject to this Act, entitled on his retirement or resignation (c) if he has reached the age of sixty-five years or is afflicted with a permanent infirmity disabling him from the due execution of his office, to a pension calculated in accordance with subsection (2), or (d) if he has not reached the age of sixty-five years, to (i) a deferred pension, calculated in accordance with subsection (2), or (ii) a return of the total contributions made by him under this Part, together with interest, if any, calculated pursuant to subsection (10), at his option, except that if he has reached the age of forty-five years and has served as a Public Official for not less than ten years, he is not entitled to a return of contributions in respect of any period of service as a Public Official after September 30, 1967. Amount (2) Subject to this Act, the pension to which a Public Official is entitled under this section shall, (a) where he served in a Public Office for not less than five years but less than ten years, be fifteen-fiftieths of his average salary; (b) where he served in a Public Office for not less than ten years but less than twenty years, be the aggregate of (i) twenty-five fiftieths of his average salary, and (ii) one-fiftieth of his average salary multiplied by the number of years of his service in the Public Office in excess of ten; or (c) where he served in a Public Office for not less than twenty years, be thirty-five fiftieths of his average salary. Deductions from pension (3) Where a Public Official (a) has reached the age of sixty-five years and has ceased to hold office as a Public Official, or (b) has become disabled and a disability pension has become payable to him under the Canada Pension Plan , there shall be deducted from the amount of any pension to which he is entitled under this section (c) an amount equal to one-fiftieth of his Average Maximum Pensionable Earnings for each year between January 1, 1966 and December 31, 1975 that he has contributed under this Act, and (d) an amount equal to one one-hundredth of his Average Maximum Pensionable Earnings for each year after 1975 that he has contributed under this Act. Definitions (4) In this section, Average Maximum Pensionable Earnings means, with respect to any Public Official, the average of the Year’s Maximum Pensionable Earnings for the year in which he ceased to hold office as a Public Official and for each of the two preceding years;  ( moyenne des maximums des gains ouvrant droit à pension ) average salary means the average of the salary received by a Public Official during the last ten years of his service in a Public Office or, where he served less than ten years in a Public Office, the average of the salary received by him during his entire service in a Public Office;  ( traitement moyen ) deferred pension means a pension that becomes payable to a Public Official at the time he reaches sixty-five years of age;  ( pension différée ) Year’s Maximum Pensionable Earnings has the same meaning as in the Canada Pension Plan . ( maximum des gains annuels ouvrant droit à pension ) When age of sixty-five deemed to be reached (5) For the purposes of subsection (3), a Public Official shall be deemed to have reached the age of sixty-five years at the beginning of the month following the month in which he actually reached that age. Circumstances where amount to be increased (6) Subject to subsection (7), where (a) the amount of the pension to which a Public Official is entitled under 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