Defence Services Pension Part V Regulations — 21
21 (1) Subject to subsections (6) and (7), a contributor who, before or after the coming into force of this subsection, was absent from duty in the naval, army or air forces of Canada for any purpose, including absence on leave without pay and allowances or secondment without pay and allowances, shall, whether or not he was a contributor at the time of such absence, contribute, in respect of such period of absence by making payments in accordance with subsection (2), and such period of absence shall be counted as service for the purposes of computing a pension or gratuity. (2) The contributions required to be paid by a contributor to whom subsection (1) applies shall be payable (a) where the period does not exceed ninety-two days, monthly by means of a debit to his pay account; or (b) where the period exceeds ninety-two days, by (i) monthly remittances in favour of the Receiver General of Canada, or (ii) reservations in equal instalments from his pay and allowances for a period commencing on the expiration of his absence from duty equal to the period during which he was absent from duty. (3) Notwithstanding anything in this section, a contributor may pay, in one sum, at any time prior to the expiration of the period described in subparagraph (ii) of paragraph (b) of subsection (2), the amount payable by him into the Consolidated Revenue Fund in respect of any period he is absent from duty. (4) Where a contributor, granted a period of absence on leave or secondment as prescribed in subsection (1), has elected to pay arrears of contributions pursuant to section 48 of the Act by instalments, those instalments shall be paid in the manner set out in subsection (2). (5) When any amount payable by a contributor under this section is unpaid at the time of his retirement, that amount shall be paid out of any pension or gratuity that is payable under the Act to the contributor (a) in one sum from the gratuity, or (b) by reservation out of any pension in equal instalments for a period equal to that portion of the period described in subparagraph (ii) of paragraph (b) of subsection (2) during which no contributions were made by him as required by that subsection. (6) A continuous period of absence from duty in excess of sixty days in respect of which (a) a forfeiture of pay and allowances is imposed, (b) a deduction in an amount equal to the whole of the pay and allowances withheld is imposed by reason of suspension from duty, or (c) a continuous combination of the periods described in (a) and (b), shall not be counted as service for the purposes of computing a pension or gratuity and no contributions shall be deducted in respect of that period. (7) A contributor who has been absent from duty as described in subsection (1) may, (a) within one year after the coming into force of this subsection, in the case of a period of absence ending before the coming into force of this subsection, or (b) within thirty days after the end of such period of absence, in the case of a period of absence ending after the coming into force of this subsection, elect not to contribute in respect of such period of absence, in which case that period of absence shall not be counted for the purposes of computing a pension or gratuity under the Act, and no contributions shall be required by this section in respect of that period. SOR/59-105, ss. 1, 2