Public Service Superannuation Act — P-36 11
mediately 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 received during that period a salary at a rate equal to the initial rate of salary authorized to be paid to him on subsequently becoming employed in the public service; (c.1) a person who has to that person’s credit pensionable service described in clause 6(1)(b)(iii)(M) or (N) is deemed to have received during that period such salary as was authorized as payable to that person from time to time; (d) a person who has to the person’s credit pensionable service that includes a period during which that person was absent from the public service on leave of absence without pay is deemed to have received during that period a salary at a rate as prescribed in the regulations; (e) where a person has to his credit pensionable service that includes any period of service for which he elected or might have elected under this Part to pay an amount calculated on the basis of his salary at the rate authorized to be paid to him on the most recent occasion on which he became a contributor under this Part, he shall be deemed to have received during that period a salary at that rate, notwithstanding paragraphs (b) and (c); (f) a person who, during World War II, was a contributor under Part I of the Superannuation Act is deemed to have received during that period any annual increase that he would have received but for an order in council restricting payment of annual increases to employees in the public service by reason of the war; and (g) where the rate of salary authorized to be paid to a person at any time before July 14, 1960 exceeded fifteen thousand dollars a year, the annual rate deemed to have been so authorized at that time shall be fifteen thousand dollars. Computation of average annual salary (8) For the purposes of subparagraphs (1)(a)(ii) and (iii), any period of service during which a person is employed in the public service and is required to make contributions under subsection 5(3), or was required to make contributions under subsection 5(3), (3.1) or (4) as it read on December 31, 2012, is deemed to be a period of pensionable service to his or her credit. Application (9) Subparagraphs (1)(a)(ii) and (iii), as enacted by subsection 15(1) of the Budget Implementation Act, 1999 , apply with respect to benefits payable to or in respect of a person who contributes under section 5 or 65 on or after the day on which this subsection comes into force but do not apply to a person who became entitled to an annuity before the coming into force of this subsection, is re-employed in the public service and is a contributor referred to in section 29 and who, on ceasing to be re-employed, exercises an option in favour of a return of contributions or is only entitled to a return of contributions. Application (10) The definition Average Maximum Pensionable Earnings in subsection (3), as enacted by subsection 15(2) of the Budget Implementation Act, 1999 , applies only with respect to deductions from annuities made under subsection (2) that take effect on or after the day on which this subsection comes into force. R.S., 1985, c. P-36, s. 11; 1992, c. 46, s. 8; 1996, c. 18, s. 26; 1999, c. 26, s. 15, c. 34, s. 63; 2003, c. 22, s. 225(E); 2006, c. 4, s. 205; 2012, c. 31, s. 480