Diplomatic Service (Special) Superannuation Act — D-2 7
Service prior to Public Office 7 (1) A person who immediately prior to his appointment to a Public Office was employed in the federal public administration and was in receipt of a salary for that employment but was not a contributor under the Civil Service Superannuation Act or the Public Service Superannuation Act , or who immediately prior to his appointment to a Public Office was a judge of a superior, district or county court in Canada, may, for the purposes of this Act, count the whole or any part of his service in the federal public administration or as a judge, in this section called “prior service”, as service in a Public Office, if within one year after his appointment to the Public Office that person elects to contribute under this Act in respect of that prior service. Right to elect in respect of part of service (2) A person who, by virtue of an election under subsection (1) to contribute under this Act in respect of his prior service, may count the whole or any part of that prior service for the purposes of this Act as service in a Public Office, may, within the time prescribed by that subsection for the making of that election, elect to contribute under this Act in respect of part only of his prior service but only that part that is most recent in point of time, and on so electing, may count that part of his prior service for the purposes of this Act as service in a Public Office. Contribution required in respect of prior service (3) The contribution required under this section by virtue of an election by a Public Official to contribute under this Act in respect of any period of prior service is an amount equal to the amount that he would have been required to contribute had he, during that period, made contributions under this Act in respect of a salary at the rate authorized to be paid to him on the most recent occasion on which he became a contributor, together with simple interest at four per cent per annum until the time of the making of the election. Contribution in one sum or by instalments (4) A contribution made under this section may be made in one sum or by instalments of equivalent value payable by reservation from salary or otherwise for life or for a period of years or for life, whichever is the shorter, which instalments shall be computed on such basis as to mortality and rate of interest as the Governor in Council may by regulation prescribe. Unpaid instalments (5) Where a Public Official who has elected under this Act to pay for any period of prior service and has undertaken to pay for that period of service in instalments ceases to be a Public Official before all the instalments have been paid, the unpaid instalments may be reserved, in accordance with the regulations, from any amount payable to him by Her Majesty in right of Canada, including any pension payable to him under this Act, until all the instalments have been paid or the contributor dies, whichever occurs first. Certain prior service not to be counted (6) Notwithstanding anything in this section, no person is, for the purposes of this Act, entitled to count as service in a Public Office any prior service in respect of which he is entitled to or has been granted a pension or annuity under any other Act of Parliament. R.S., 1985, c. D-2, s. 7; 2003, c. 22, s. 162(E)