Defence Services Pension Continuation Regulations — 9
9 (1) Subject to subsections (3) and (5), a pensioner, upon ceasing to serve on augmenting service referred to in subsection 5(1) for any reason other than inefficiency or misconduct, shall have his pension computed for the term of service upon which his pension was originally based, together with the augmenting service elected pursuant to section 5 (the whole period hereinafter referred to in this section as the “pensionable term”) in the following manner: (a) where he was granted a pension as a militiaman and subsequently serves the whole or any part of his augmenting service elected pursuant to section 5 as a militiaman or an officer his pension shall be (i) if the original term of service is less than 20 years, one-fiftieth of his average annual pay and allowances during the last six years of the pensionable term, (ii) if the original term of service is 20 years or more but less than 25 years, twenty-fiftieths of his average annual pay and allowances during the last six years of the pensionable term with an addition of two-fiftieths of the said average pay and allowances for every year over 20 years of the original term and one-fiftieth of the said average pay and allowances for every year of augmenting service that the pensioner has elected to count, or (iii) if the original term of service is 25 years or over, thirty-fiftieths of his average annual pay and allowances during the last six years of the pensionable term with an addition of one-fiftieth of the said average pay and allowances for every year of service over 25 years of the original term and of the augmenting service that the pensioner elected to count; or (b) where he was granted a pension as an officer and subsequently serves the whole or any part of his pensionable term as an officer or militiaman, his pension shall be one-fiftieth of his average annual pay and allowances during the last six years of the pensionable term for each year of the pensionable term. (2) Notwithstanding paragraphs (1)(a) and (b), the pension of a pensioner who was granted a pension (a) as an officer, shall not be computed on a number of years in excess of 35; or (b) as a militiaman, shall not exceed two-thirds of the average annual pay and allowances received by him during the last three years of the term of service upon which his pension was originally based. (3) A pensioner, where he has been granted a pension (a) as an officer, whether he serves the whole or any part of his augmenting service as an officer or as a militiaman, shall have that pension computed, as provided in subsection (1), as an officer, or (b) as a militiaman, whether he serves the whole or any part of his augmenting service as a militiaman or as an officer, shall have that pension computed, as provided in subsection (1), as a militiaman, provided that the Minister is satisfied, in the case of an officer, and a board composed of three officers, as provided in section 15 of the Act, certifies, in the case of a militiaman, that the circumstances of service and the cause of ceasing to serve on the augmenting service elected pursuant to paragraph 5(1)(a) are such as would give rise to entitlement to the grant of a pension if the pensioner were otherwise qualified. (4) Where a pensioner has been granted a pension as an officer and dies while performing augmenting service or dies while in receipt of a pension computed on the pensionable term, his widow may be granted a pension computed on the pensionable term and each of his children may be granted a compassionate allowance, to the extent that they are otherwise qualified under the Act. (5) Subject to subsection (2), where the amount of a pension computed in accordance with subsection (1) is less than the total amount of the original pension increased by one-fiftieth of the average annual pay and allowances received during the augmenting service for each year of the augmenting service, a pensioner, in lieu of entitlement to a pension computed pursuant to subsection (1)