GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Defence Services Pension Part V Regulations — 3
3 The rates of allowances which shall constitute part of pay and allowances for the purposes of Part V shall, according to the rank of the contributor, be the following monthly rates: — Not in Receipt of Marriage Allowance $ In Receipt of Marriage Allowance $ Rear-Admiral 172 212 Major-General Air Vice-Marshal Commodore 160 200 Brigadier Air Commodore Captain 146 186 Colonel Group Captain Commander 133 173 Lieutenant-Colonel Wing Commander Lieutenant-Commander 120 160 Major Squadron Leader Lieutenant 101 157 Captain Flight Lieutenant Sub-Lieutenant 96 157 Lieutenant Flying Officer Acting Sub-Lieutenant and Naval Cadet 72 138 Second Lieutenant and Officer Cadet Pilot Officer and Flight Cadet Midshipman 68 138 Commissioned Officer (RCN) 101 157 Chief Petty Officer 1st Class 99 139 Warrant Officer Class 1 (Army and Air Force) Chief Petty Officer 2nd Class 96 136 Warrant Officer Class 2 (Army and Air Force) Petty Officer 1st Class 96 136 Staff Sergeant Flight Sergeant Petty Officer 2nd Class 87 136 Sergeant Leading Seaman, Corporal and Ranks below 76 136
Defence Services Pension Part V Regulations — 4
4 Contributions by way of reservations from pay and allowances shall commence from the date on which a person becomes subject to Part V.
Defence Services Pension Part V Regulations — 5
5 A person who makes contributions under Part V and is subsequently found not to be eligible to be a contributor under that Part shall have all such contributions repaid to him without interest.
Defence Services Pension Part V Regulations — 6
6 For the purpose of computing interest on arrears of contributions, pursuant to section 48 of the Act, the total pay and allowances received by a contributor during any fiscal year shall be deemed to have been received on the first day of October of that fiscal year.
Defence Services Pension Part V Regulations — 7
7 The total amount of arrears of contributions payable pursuant to sections 48 and 56 of the Act, may be paid in instalments equivalent in value to the total amount of arrears, computed on the basis of the Canadian Life Table No. 2 (1941), Males or Females, as the case may be, with interest at the rate of four per centum per annum.
Defence Services Pension Part V Regulations — 8
8 (1) A contributor or a former contributor in respect of whom a periodic scheme of payment of arrears of contributions is in effect, may, at any time, elect to pay those areas in one sum or in instalments equivalent in value to the arrears, over a shorter period. (2) Where the amount of the arrears of contributions, as verified by the service authorities, is greater than the amount set out in the provisional computation submitted by the contributor, the contributor may elect, but only once, to pay the unpaid portion of the verified arrears (a) if he has originally elected to pay the arrears in one sum, then either in one sum or in instalments equivalent in value to the total amount of arrears; or (b) if he has originally elected to pay the arrears by instalments, then by instalments equivalent in value to the total amount of the arrears, over a longer period, provided that (i) he has made his further election prior to acknowledging as correct the amount of the arrears, as verified by the service authorities, or (ii) he has, prior to the first day of September, 1950, acknowledged as correct the amount of the arrears, as verified by the service authorities. (3) Where, under this section, a contributor has elected to pay arrears of contributions under a periodic scheme of payment, the required instalments shall be computed as prescribed by section 7 provided, however, that the amount of such instalments shall not be reduced more than five per centum of the amount elected to be paid in the provisional computation submitted by the contributor.
Defence Services Pension Part V Regulations — 9
9 (1) The amount of contributions made by a contributor in respect of a period of service under any other Part of the Act, the Civil Service Superannuation Act , the Public Service Superannuation Act or the Royal Canadian Mounted Police Act (other than Part IV thereof), shall be transferred to the Permanent Services Pension Account and shall, if it constituted the full contribution required thereunder and no annuity, gratuity or other benefit has been paid in respect of that period of service, be deemed to be the appropriate contribution for that period for the purposes of Part V. (2) Where the contributions transferred to the Permanent Services Pension Account in accordance with subsection (1) do not constitute the full contributions required in respect of that period of service, the contributor shall pay the balance either in one sum or in instalments computed as prescribed by section 7.
Defence Services Pension Part V Regulations — 10
10 A contributor who has service for which he made contributions under any Part of the Act, the Civil Service Superannuation Act , the Public Service Superannuation Act or the Royal Canadian Mounted Police Act (other than Part IV thereof) and has been paid a benefit, in respect of that service, equal only to the amount of his total contributions may elect to count that service and the contributions required shall be the same as if section 11 were applicable.
Defence Services Pension Part V Regulations — 11
11 (1) A contributor who had service for which he made contributions under any Part of the Act, the Civil Service Superannuation Act , the Public Service Superannuation Act or the Royal Canadian Mounted Police Act (other than Part IV thereof) and in respect of that service has been paid a gratuity, may elect to count the whole or any part of such service for the purpose of Part V. (2) In the event a contributor elects to count the whole period of service described in subsection (1), the contribution shall be an amount equal to the gratuity received by the contributor together with simple interest at four per centum per annum from the date of payment of the gratuity to the date of election to count that period of service. (3) In the event a contributor elects to count a part of the period of service described in subsection (1), the contribution shall be that proportion of the total gratuity and interest of which the part elected is of the whole of the service. (4) The amount of the contributions required under this section may be paid in one sum or in instalments computed as prescribed by section 7.
Defence Services Pension Part V Regulations — 12
12 A contributor who immediately prior to becoming a contributor under Part V has service in the forces as an officer appointed temporarily or under a commission for a fixed term, may have such service counted for the purpose of computing a pension or gratuity under Part V if (a) the amount of deferred pay at the rate of six per centum of the pay and of the allowances prescribed by section 3 withheld in accordance with the appropriate Pay and Allowance Regulations is transferred to the Permanent Services Pension Account as contributions for such service, and (b) the amount of any gratuity paid in respect of such service under Pay and Allowance Regulations is refunded by the contributor.
Defence Services Pension Part V Regulations — 13
13 (1) A contributor other than a contributor to whom section 12 applies who prior to becoming a contributor under Part V had service in the forces as an officer appointed temporarily or under a commission for a fixed term and who on termination of such services was paid under the appropriate Pay and Allowances Regulations an amount equal to the amount of the deferred pay deducted or a gratuity or both, may have such service counted for the purpose of computing a pension or gratuity under Part V if (a) he contributes the amount of deferred pay previously refunded to him, together with simple interest at four per centum per annum for the period from the date of refund of such deferred pay to the date of his election to count such service under subsection (4) of section 56 of the Act, and (b) the amount of any gratuity paid under the provision of Pay and Allowance Regulations is refunded to the Receiver General together with simple interest at four per centum per annum for the period from the date of payment to the date of election to count such service under the provisions of subsection (4) of section 56 of the Act. (2) The payment required under subsection (1) may be made in one sum or in instalments as prescribed by section 7.
Defence Services Pension Part V Regulations — 14
14 The rates of allowances in respect of a contributor who, before or after the coming into force of this section, elected pursuant to subsection (1) of section 48 of the Act to contribute in respect of service described in subparagraph (iii) of paragraph (i) of subsection (1) of section 45 of the Act shall, for the purposes of subsection (2b) of section 48 of the Act, be those set out in section 3 in effect at the date of his election for the rank or ranks in the Canadian forces corresponding to the rank or ranks held by him during that service. SOR/60-79, s. 1
Defence Services Pension Part V Regulations — 15
 notwithstanding that he may have been retired and re-enrolled subsequent to the failure to so elect. (4) Every medical examination required by subsection (6) of section 48 of the Act shall be undergone by the contributor required to be so examined (a) within such time before or after the making of the election by that contributor as the Minister prescribes; and (b) before a service medical officer or civilian medical practitioner who shall examine him in accordance with the medical standards applicable to his employment and shall certify that the contributor has passed or not passed the medical examination.
Defence Services Pension Part V Regulations — 16
16 (1) A contributor who, pursuant to subsection (1) of section 48 of the Act, elects to contribute in respect of service as described in subparagraph (iv) of paragraph (i) of subsection (1) of section 45 of the Act, shall for the purposes of Part V be deemed to have received pay on a full-time basis for the rank or ranks held by him during that service at the basic rates for the equivalent rank or ranks prescribed by the relevant pay regulations, together with the allowances set out in section 3 for the equivalent rank or ranks held by him during that service in effect at the date of his election. (2) The contribution required for such service shall be one-fourth of the contribution which would have been required if the whole of such service might be counted.
Defence Services Pension Part V Regulations — 17
17 (1) A contributor who had officer status under Parts I to IV at the date of his election to become a contributor under Part V and who pursuant to subparagraph (v) of paragraph (i) of subsection (1) of section 45 of the Act had service which may be counted as service under any other Part of the Act shall at the date of retirement have fulfilled the conditions required under paragraph (e) of section 7 or subparagraph (ii) of paragraph (e) of section 36 or subparagraph (iii) of paragraph (d) of section 40 of the Act as applicable, in order that such service may be counted as half-time. (2) A contributor who elects to count service as described in subsection (1) shall contribute for such service on the basis that it may count as half-time rather than one-quarter time in anticipation of his fulfillment of the conditions described in subsection (1). (3) In the event that at date of retirement a contributor has not fulfilled the conditions of subsection (1), he shall be entitled to a refund of contributions equal to the difference between the amount he contributed and the amount he should have contributed were such service to count as one-quarter time. (4) This section applies to every contributor who at any time elected to become a contributor under Part V on or before the thirty-first day of December, 1950, notwithstanding that his election may have been made prior to the coming into force of this section.
Defence Services Pension Part V Regulations — 18
18 (1) A contributor who, pursuant to subsection (1) of section 48 of the Act, elects to contribute in respect of service as described in subparagraph (v) of paragraph (i) of subsection (1) of section 45 of the Act, shall for the purposes of Part V have his contributions and interest computed (a) in respect of service described in paragraph (e) of section 7, subparagraph (ii) of paragraph (e) of section 36 and subparagraph (iii) of paragraph (d) of section 40 of the Act, (i) the pay for the rank or ranks held by him during that service at the basic rates prescribed by the relevant regulations together with allowances set out in section 3 for the rank or ranks held by him during that service at the date of his election, (ii) the contribution, required for one-half of that service shall be one-half of the contribution which would be required if the whole of that service might be counted and the contribution required for any part of that service less than one-half thereof, shall be that proportion of the said contribution for the said one-half which the said part is of the said one-half; (b) in respect of service in the “force” or “forces” as defined in Parts I, II and III, such of the pay, and allowances in money or in kind, as were paid to or on behalf of the contributor during his said service upon which pension would have been calculated had he become eligible for a pension under Parts I, II and III; and (c) in respect of the service referred to in paragraph (f) of section 7, and paragraph (f) of subsection (3) of section 13 of the Act, the pay and allowances payable to or on behalf of the contributor for that service.
Defence Services Pension Part V Regulations — 19
19 A contributor who had service in the forces as described in subsection (2) of section 56 of the Act shall for the purposes of Part V have his pension contributions for that service calculated on the pay and allowances which were payable in money or in kind to or on behalf of the contributor during that service and upon which pension would have been calculated had he become eligible for a pension under Parts I, II and III.
Defence Services Pension Part V Regulations — 20
20 The contribution required for the period during which a contributor under the Civil Service Superannuation Act , or the Public Service Superannuation Act was absent on leave from the civil service or the public service on active or full-time service in Her Majesty’s forces shall be computed on the pay and allowances payable to the contributor during the period of that service.
Defence Services Pension Part V Regulations — 22
22 For the purpose of making contributions and computing a pension or gratuity in respect of service to be counted pursuant to section 21, the contributor shall be deemed to have been in receipt of pay and allowances during a period of absence from duty or secondment at the same rate as that which was prescribed for the rank or appointment held by him at the commencement of the period, except that (a) if during that period his rate of pay and allowances is increased or decreased for any reason, then such rate from the date it became effective shall be deemed to be the pay and allowances of which he was in receipt, or (b) if during a period of secondment the contributor does not receive pay and allowances according to the appropriate regulations in effect from time to time for his service, the rate of pay and allowances he shall be deemed to receive shall be as determined by Treasury Board.
Defence Services Pension Part V Regulations — 23
23 For the purposes of subparagraph (iii) of paragraph (i) of subsection (1) of section 45 of the Act, time served as described in that subparagraph, on or prior to the 30th day of September, 1947, is included as a period of service.
Defence Services Pension Part V Regulations — 24
24 (1) Time served as described in subparagraph (vi) of paragraph (i) of subsection (1) of section 45 of the Act, may be included as service if the contributor during that service received the pay of his rank as though he were a member of the forces. (2) Where a contributor prior to the war which commenced on the 10th day of September, 1939, served as an officer in the Royal Canadian Air Force other than the Permanent Active Air Force, for a continuous period of full-time service, but did not receive the pay of his rank as though he were in the forces, and subsequently served on active service during that war and during such period of full-time service received remuneration by way of pay, or pay and allowances, according to the service regulations applicable to his appointment, then in that case, such continuous period of full-time service may be included for the purpose of making contributions and computing a pension or gratuity to which he may be entitled under Part V. (3) The contributions required to be paid by a contributor (a) for a period of service described in subsection (1) or (2) which commenced prior to the 1st day of October, 1946, shall be based upon the pay payable to him by reason of the rank or appointment held by him during such service together with marriage and dependents’ allowances for wives and dependent children and subsistence allowance at standard rates payable in respect of service in Canada whether or not such last mentioned allowance was in fact paid; and (b) for a period of service described in subsection (1) which commenced on or after the 1st day of October, 1946, shall be based on the pay payable to him by reason of the rank or appointment held by him together with the allowances prescribed for his rank by section 3 during such service. SOR/60-79, s. 2
Defence Services Pension Part V Regulations — 24A
24A (1) Pursuant to paragraph (i) of section 61 of the Act, service in any of the forces of Newfoundland and service with the Government of Newfoundland shall, for the purposes of making contributions and of computing pensions and gratuities under this Part, include (a) service corresponding to service described in subparagraph (iv) or (vi) of paragraph (i) of subsection (1) of section 45 of the Act, and such service shall be deemed to be service described in the applicable subparagraph, and (b) service prior to the 1st day of April, 1949, in a service of the Government of Newfoundland that has been taken over by Canada pursuant to the Terms of Union of Newfoundland with Canada and which is pensionable service under the Public Service Superannuation Act , and such service shall be deemed to be service described in subparagraph (i) of paragraph (i) of subsection (1) of section 45 of the Act, except (c) service that may be counted under any other provision of subsection (1) of section 45 of the Act, or (d) service which the contributor, pursuant to subsection (2) of section 21 of the Public Service Superannuation Act , elected not to count as pensionable service under that Act. (2) Subject to subsection (3), a contributor who has had service described in subsection (1) may elect to contribute in respect of such service within one year of becoming a contributor or within one year after the 1st day of March, 1960, whichever is the later, and the provisions of subsection (5) of section 48 of the Act shall be applicable to that election. (3) A contributor who, on or after the 1st day of April, 1949, and before the 1st day of March, 1960, signed a form purporting to elect to contribute for service described in subsection (1), or otherwise signified in writing his intention to contribute for such service, shall be deemed, as of the date of so signing or signifying, to have elected to contribute for such service under subsection (1) of section 48 of the Act. (4) The amount of contributions required in respect of an election pursuant to subsection (2) or (3) shall be an amount equal to the amount he would be required to contribute had he elected to contribute for such service under subsection (1) of section 48 of the Act. SOR/60-79, s. 3
Defence Services Pension Part V Regulations — 25
25 (1) For the purpose of this section and of sections 26 to 32 inclusive, and subject to subsection (4) of section 30 and subsection (2) of this section, augmenting service means any period, subsequent to the grant of a pension, of continuous full-time paid service of one year or more (a) in the forces, (b) in the naval, army or air forces of Canada other than the forces if during such period the pensioner receives the pay of his rank as though he were in the forces, and (c) in the public service in respect of which he is not entitled to an annuity. (2) A pensioner who after being appointed to or enlisted in one of the naval, army or air forces of Canada is seconded pursuant to service regulations or orders shall be deemed to be performing augmenting service if during that secondment he performs continuous full-time service or employment and receives emoluments by way of pay and allowances, salary or otherwise for that service or employment. (3) Where during a period of service described in subsection (2), a pensioner does not receive pay and allowances according to the appropriate regulations in effect from time to time for his service, the rate of pay and allowances he shall be deemed to receive shall be as determined by Treasury Board. (4) Where a pensioner described in subsection (3) is required to repay any monies received by him or any deductions are required by reason of any of the provisions of sections 25 to 32 in respect of augmenting service described in subsection (2), such repayment or deductions shall be made in the manner provided in subsections (2) and (3) of section 21.
Defence Services Pension Part V Regulations — 26
26 (1) A pensioner serving on a full-time paid basis in the forces or in the naval, army or air forces of Canada other than the forces if receiving the pay of his rank as though he were in the forces, may elect within one year of the commencement of that full-time paid service or within six months of the coming into force of these regulations, whichever is the later, (a) to count for the purpose of computing his pension the whole augmenting service performed subsequent to the commencement and during that service and upon the making of that election (i) entitlement to the whole or that part of the pension to which he is otherwise entitled during that service, or the gratuity to which he would otherwise become entitled in respect of that service, shall terminate, and (ii) he shall repay the whole or that part of the pension he may have received during that service, in the manner hereinafter provided; and (b) to count for the purpose of computing his pension the whole or any part not less than twelve continuous months of any period of augmenting service he may have performed subsequent to the grant of his pension but prior to the commencement of his current full-time paid service provided he (i) makes an election pursuant to paragraph (a), and (ii) repays the whole or that part of the pension he may have received during that augmenting service or the gratuity he may have received in respect of that augmenting service in the manner hereinafter provided. (2) Every election made by a pensioner under this section shall be evidenced in writing, in the form prescribed by the Minister, and witnessed, and the original thereof shall be forwarded to a person designated by the Minister for the purpose, by registered mail or in such other manner as the Minister directs, within one month of making the election.