Public Service Superannuation Act — P-36 11
ionable Earnings in subsection (3) when applied in computing the annuity payable to a contributor pursuant to subsection 17(2), that contributor shall be deemed to have ceased to be employed in the public service at the time he ceased to be employed in operational service, as defined in section 15. Circumstances where annuity to be increased (5) Where a person who was a contributor on December 31, 1965, and who has been employed in the public service substantially without interruption since that day has become entitled to an immediate annuity under this Part and (a) the amount of the annuity, together with such amount as is determined in accordance with the regulations to be the amount of any retirement or disability pension to which that person is entitled under the Canada Pension Plan or a provincial pension plan or, in the case of a retirement pension, to which he would be entitled thereunder, if he applied therefor and it had not been commuted, that is attributable to contributions made thereunder in respect of his employment in the public service, is less than (b) the amount of the annuity to which he would have been entitled under this Part if no deduction was made as required under subsection (2), the amount of the annuity payable to him under this Part 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. Exception (6) Subsection (5) does not apply to a person described therein during any period that a retirement pension is not payable to him. Salary deemed to have been received during certain periods (7) For the purposes of subsection (1), (a) a person who has to his credit pensionable service that includes any period of service in the forces specified in clause 6(1)(a)(iii)(B) is deemed to have received during that period such salary as was authorized as payable to him from time to time; (b) a person who has to his credit pensionable service that includes a period (i) during which that person, having been employed in the public service immediately prior to his enlistment in the forces, was on active service in the forces during World War I, not having been a civil servant within the meaning of the Superannuation Act , or was on active service in the forces during World War II, not having been a contributor under Part I of that Act, or (ii) during which that person, having been a contributor under Part I of the Superannuation Act immediately prior to his enlistment in the forces and having resigned to enlist, was on active service in the forces during World War II, is deemed to have received, during that period in World War I or World War II, a salary at a rate equal to the rate of salary authorized to be paid to him immediately prior to his enlistment, except that in the case of a person who was employed in the public service immediately prior to his enlistment in the forces during one of those wars but was not so employed immediately prior to his enlistment in the forces during the other war, the rate of salary that is deemed to have been received by that person during the period in which he was on active service in the forces during the other war is the initial rate of salary authorized to be paid to him on subsequently becoming employed in the public service; (c) a person who has to his credit pensionable service that includes a period (i) during which that person was on active service in the forces during World War I or World War II, not having been employed in the public service immediately prior to his enlistment or, in the case of a person who elected after January 1, 1954 to pay for that period, not having been employed in the public service on a full-time basis immediately prior to his enlistment, (ii) during which that person was engaged in pensionable employment, or (iii) of service of a kind described in clause 6(1)(b)(iii)(C), (D) or (E), is deemed to have