GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Defence Services Pension Continuation Regulations — 2
2 In these Regulations, Act means the Defence Services Pension Continuation Act ; ( Loi ) a(f) Ultimate Table means the table so entitled appearing in the Mortality of Annuitants 1900-1920 published on behalf of the Institute of Actuaries and The Faculty of Actuaries in Scotland, 1924; ( a(f) Ultimate Table ) annuity means an annuity immediate or deferred, or annual allowance, computed in accordance with the Public Service Superannuation Act ; ( rente viagère ) 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 or the Canadian Forces, other than the forces, if during such period the officer or man 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; ( service ouvrant droit à majoration ) forces means the regular force of the Canadian Forces and includes (a) the forces known before February 1, 1968 as the regular forces of the Canadian Forces, and (b) the forces known before February 1, 1968 as the Royal Canadian Navy, the Canadian Army Active Force, the Permanent Active Militia, the Permanent Militia Corps, the permanent staff of the Militia, the Royal Canadian Air Force (Regular) and the Permanent Active Air Force; ( forces ) former Act means the Defence Services Pension Act ; ( ancienne loi ) Minister means the Minister of National Defence; ( ministre ) Parts I to IV means the respective parts of the Act; ( parties I à IV ) pension means a pension granted, pursuant to any of Parts I to III of the Act, to a person in respect of his service; ( pension ) pensioner means a person to whom a pension has been granted; ( pensionné ) public service means all branches or portions of the public service of Canada to which the Public Service Superannuation Act is applicable. ( fonction publique )
Defence Services Pension Continuation Regulations — Defence Services Pension Continuation Regulations
Act means the Defence Services Pension Continuation Act ; ( Loi )
Defence Services Pension Continuation Regulations — Defence Services Pension Continuation Regulations
a(f) Ultimate Table means the table so entitled appearing in the Mortality of Annuitants 1900-1920 published on behalf of the Institute of Actuaries and The Faculty of Actuaries in Scotland, 1924; ( a(f) Ultimate Table )
Defence Services Pension Continuation Regulations — Defence Services Pension Continuation Regulations
annuity means an annuity immediate or deferred, or annual allowance, computed in accordance with the Public Service Superannuation Act ; ( rente viagère )
Defence Services Pension Continuation Regulations — (a)
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 or the Canadian Forces, other than the forces, if during such period the officer or man 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; ( service ouvrant droit à majoration )
Defence Services Pension Continuation Regulations — (a)
forces means the regular force of the Canadian Forces and includes (a) the forces known before February 1, 1968 as the regular forces of the Canadian Forces, and (b) the forces known before February 1, 1968 as the Royal Canadian Navy, the Canadian Army Active Force, the Permanent Active Militia, the Permanent Militia Corps, the permanent staff of the Militia, the Royal Canadian Air Force (Regular) and the Permanent Active Air Force; ( forces )
Defence Services Pension Continuation Regulations — Defence Services Pension Continuation Regulations
former Act means the Defence Services Pension Act ; ( ancienne loi )
Defence Services Pension Continuation Regulations — Defence Services Pension Continuation Regulations
Minister means the Minister of National Defence; ( ministre )
Defence Services Pension Continuation Regulations — Defence Services Pension Continuation Regulations
Parts I to IV means the respective parts of the Act; ( parties I à IV )
Defence Services Pension Continuation Regulations — Defence Services Pension Continuation Regulations
pension means a pension granted, pursuant to any of Parts I to III of the Act, to a person in respect of his service; ( pension )
Defence Services Pension Continuation Regulations — Defence Services Pension Continuation Regulations
pensioner means a person to whom a pension has been granted; ( pensionné )
Defence Services Pension Continuation Regulations — Defence Services Pension Continuation Regulations
public service means all branches or portions of the public service of Canada to which the Public Service Superannuation Act is applicable. ( fonction publique )
Defence Services Pension Continuation Regulations — 3
3 (1) For the purpose of computing a pension in respect of an officer, other than a pensioner, service , in addition to any periods specified in Parts I to III of the Act, includes any continuous period of full-time service of six months or more in the naval, army or air forces of Her Majesty raised in Canada or the Canadian Forces, other than the forces, if (a) during such period he received the pay of his rank as though he were in the forces as defined in such Part, and (b) he is otherwise eligible for a pension under any of Parts I to III, but that service may not be counted as service under any other provision of any such Parts, except to the extent prescribed by paragraph 7(e), paragraph (b) of the definition service in section 37(1) or paragraph (c) of the definition service in section 41 of the Act for the purpose of determining eligibility for pension. (2) Where a person, prior to the war that commenced on September 10, 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 for six months or more, 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, such continuous period of full-time service shall be included for the purpose of making contributions and of computing a pension to which he may be entitled under Parts I to III of the Act.
Defence Services Pension Continuation Regulations — 4
4 For the purpose of computing a pension in respect of an officer or militiaman, service , in addition to any periods specified in Parts I to III of the Act, includes any service as a member of the regular force of the Canadian Forces.
Defence Services Pension Continuation Regulations — 5
5 (1) A pensioner serving on a full-time paid basis in the forces or in the naval, army or air forces of Canada or the Canadian Forces, 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, (a) to count for the purpose of computing his pension the whole augmenting service performed subsequent to the said 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, but not less than one year, 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, in the form prescribed by the Minister, be evidenced in writing 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.
Defence Services Pension Continuation Regulations — 6
6 (1) A pensioner, who has elected to count augmenting service pursuant to paragraph 5(1)(a) and receives pension payments during that augmenting service, shall repay the payments in one sum or by reservation from pay and allowances or otherwise, without interest, in equal instalments over a period similar to that during which the payments were made to him, the instalments to commence on the expiration of the month next following the date of his election, except that no repayment is required for a period when the pensioner's pay and allowances are reduced by the amount of the gross pension paid, pursuant to relevant pay regulations. (2) A pensioner, electing to count the whole of that augmenting service pursuant to paragraph 5(1)(b) and in respect of which he has been paid a gratuity, or during that service has received pension payments, shall repay an amount equal to the gratuity or pension payments received by him during that service, together with simple interest at the rate of four per cent per annum from the date of payment of that gratuity or pension payments to the date of his election under that section, and where the pensioner has elected to count part of that augmenting service, the repayment required in respect of that part shall be the proportion of the said amount that the part is of the whole of his augmenting service, except that no repayment is required for a period when the pensioner's pay and allowances are reduced by the amount of the gross pension paid, pursuant to relevant pay regulations. (3) The repayment required by subsection (2) may be made in one sum or in instalments equivalent in value to the total amount of the arrears, payable by reservation from pay and allowances or otherwise, for life, or for a period of years or for life whichever is shorter, to commence on the expiration of the month next following the date of the election, the said instalments to be computed as to mortality and interest on the basis of the Canadian Life Tables No. 2 (1941), Males or Females , as the case may be, with interest at the rate of four per cent per annum. (4) Where a periodic scheme of payment is in effect under this section, the pensioner may at any time elect to settle any amount outstanding by one sum or to arrange to pay that amount by instalments over a shorter period.
Defence Services Pension Continuation Regulations — 7
7 (1) The whole of the elected augmenting service of a pensioner granted his original pension as an officer shall be subject to deductions in the following manner: (a) in respect of that part of augmenting service, which the pensioner performs subsequent to the date of his election, a deduction shall be made from his pay at the rate and in the manner set out in section 47 of the former Act; and (b) in respect of that part of elected augmenting service, which the pensioner performed prior to the making of the election required by section 5, the whole of that augmenting service shall be subject to deductions (i) where it is non-contributory augmenting service, to the same extent and in the manner as if that augmenting service were prior non-contributory service under Part V of the former Act and the election made to count that augmenting service were made under subsection 48(1) of the former Act and regulations relating thereto, and (ii) where it is contributory service and deductions or contributions have been made under the Act, the Public Service Superannuation Act or the Civil Service Superannuation Act , or deferred pay deductions have been made from his pay and allowances, pursuant to pay regulations applicable to his service, and (A) those deductions or contributions have not previously been repaid to him by way of gratuity or otherwise, such deductions or contributions shall be deemed to be the deductions required by this section in respect of the period of service for which the deductions or contributions were made, or (B) those deductions or contributions have previously been repaid to him by way of gratuity or otherwise, to the same extent and in the manner as if that augmenting service could be counted as service under subsections 56(3) and (4) of the former Act and regulations relating thereto. (2) The sums required by this section shall, (a) where deductions are made, be paid into the Consolidated Revenue Fund; or (b) where transfers are applicable, be debited to the appropriate account and credited as revenues of Canada.
Defence Services Pension Continuation Regulations — 8
8 Where a pensioner, contributing for elected augmenting service by way of repayment by instalments any amount required by section 6 or by way of making the deductions required by section 7, ceases to serve on augmenting service before payment of those instalments or deductions have been made in full, he shall be deemed to have contributed in respect of the augmenting service for which he elected and the remaining instalments or deductions shall be reserved out of his pension.
Defence Services Pension Continuation Regulations — 9
e average annual pay and allowances received during the augmenting service for each year of the augmenting service, a pensioner, in lieu of entitlement to a pension computed pursuant to subsection (1), shall be entitled to an annual pension equal to the latter amount or the original pension, whichever is the greater.
Defence Services Pension Continuation Regulations — 10
10 (1) Subject to subsections (4) and (5), a pensioner who was granted a pension as an officer and who is absent from duty for any purpose including absence on leave without pay and allowances, or secondment where 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, shall contribute to the Consolidated Revenue Fund, in respect of any period during which he is so absent, by making payments in accordance with subsection (2) and that period shall be counted as service for the purposes of section 9 as being augmenting service. (2) The contributions required to be paid by a pensioner to whom subsection (1) applies shall be payable (a) where the period does not exceed 92 days, monthly by means of a debit to his pay account, or (b) where the period exceeds 92 days, by monthly remittances in favour of the Receiver General. (3) When any amount payable under this section by a pensioner who was granted a pension as an officer is unpaid at the time of his retirement, that amount shall be reserved out of any pension that is payable under the Act to the pensioner by reservation out of any pension in equal instalments for a period equal to that period during which no contributions were made by him as required. (4) A continuous period of absence from duty in excess of 60 days in respect of a pensioner, whether granted a pension as an officer or militiaman, where (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, (c) a continuous combination of periods described in paragraphs (a) and (b), or (d) he is on leave without pay and allowances, shall not be counted as augmenting service and no contributions shall be required in respect of that period, but such period shall not break the continuity of augmenting service. (5) A pensioner who was granted a pension as an officer and who has been absent from duty may elect within 30 days of the expiration of his absence from duty not to contribute in respect of that absence, in which case that period of absence shall not be counted as augmenting service and no contributions shall be required under this section in respect of that period.
Defence Services Pension Continuation Regulations — 11
11 For the purpose of making deductions and computing a pension in respect of augmenting service to be counted pursuant to section 10, the pensioner 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, that rate from the date it became effective shall be deemed to be the pay and allowances he was receiving; or (b) if during a period of secondment the 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 the Treasury Board.
Defence Services Pension Continuation Regulations — 12
12 (1) Notwithstanding any of the provisions contained in sections 5 to 11, a pensioner shall be deemed not to have elected to count augmenting service where (a) he ceases to serve on a full-time paid basis in the forces or in the naval, army or air forces of Canada or the Canadian Forces, other than the forces, prior to completion of a period of augmenting service, as described in paragraph 5(1)(a); or (b) he is not entitled to have his pension computed upon the pensionable term pursuant to subsection 9(1). (2) Where the provisions of subsection (1) are applicable, all sums deducted from the pay and allowances of a pensioner or paid by him by reason of the provisions of sections 5 to 11 inclusive shall be refunded to him without interest or shall be applied, where applicable, towards the abatement of any deductions owed by the pensioner where by reason of the provisions of subsection (1) he becomes subject to deductions pursuant to Part V of the former Act and regulations relating thereto other than sections 5 to 10 inclusive and his entitlement to pension payments shall be restored retroactively to the date of election as if he had never elected.
Defence Services Pension Continuation Regulations — 14
14 For the purposes of subsection 49(2) of the Act, a debit balance in the pay account of a former member of the forces shall be recovered (a) in a lump sum from a gratuity; or (b) by monthly instalments from a pension in an amount equal to 10 per cent of the net monthly pension but in any such case the person in receipt of the pension may make payments that will liquidate the debit at an earlier date.
Defence Services Pension Continuation Regulations — 15
15 For the purposes of subsection 49(3) of the Act, where a person becomes entitled to a pension under any of Parts I to III of the Act and is required to contribute by instalments in respect of service for which no deductions have been made, during any period that the pension is not payable or is reduced to an amount that is not sufficient to pay the instalments in full, the unpaid portion of the remaining instalments shall be reserved from the pay and allowances or salary payable to the pensioner or from any other amount payable to him by Her Majesty.
Defence Services Pension Continuation Regulations — 16
16 For the purposes of the Act and these Regulations, every person to whom the Act applies and who, on or after February 1, 1968, holds in the Canadian Forces (a) the rank of chief warrant officer or master warrant officer, shall be treated as (i) an officer if, immediately prior to that date, he was a member of the Canadian Army or Royal Canadian Air Force, and (ii) a militiaman if, immediately prior to that date, he was a member of the Royal Canadian Navy; and (b) the rank of warrant officer shall be treated as a militiaman.
Defence Services Pension Continuation Regulations — 17
17 For the purposes of sections 18 to 34, election means an election under section 26.1 of the Act; ( choix ) level of reduction means, in respect of a pension, one of the three amounts determined pursuant to section 26, where levels one, two and three correspond to a reduction that provides a surviving spouse with a pension that is equal to 30, 40 or 50 per cent, respectively, of a pension referred to in subparagraph 26(b)(i), if paragraph 26(b) were read without reference to supplementary benefits payable under the Supplementary Retirement Benefits Act ; ( niveau de réduction ) officer means an officer referred to in section 26.1 of the Act; ( officier ) spouse means a spouse referred to in section 26.1 of the Act. ( conjoint ) SOR/94-277, s. 1
Defence Services Pension Continuation Regulations — Defence Services Pension Continuation Regulations
election means an election under section 26.1 of the Act; ( choix )
Defence Services Pension Continuation Regulations — Defence Services Pension Continuation Regulations
level of reduction means, in respect of a pension, one of the three amounts determined pursuant to section 26, where levels one, two and three correspond to a reduction that provides a surviving spouse with a pension that is equal to 30, 40 or 50 per cent, respectively, of a pension referred to in subparagraph 26(b)(i), if paragraph 26(b) were read without reference to supplementary benefits payable under the Supplementary Retirement Benefits Act ; ( niveau de réduction )
Defence Services Pension Continuation Regulations — Defence Services Pension Continuation Regulations
officer means an officer referred to in section 26.1 of the Act; ( officier )
Defence Services Pension Continuation Regulations — Defence Services Pension Continuation Regulations
spouse means a spouse referred to in section 26.1 of the Act. ( conjoint )
Defence Services Pension Continuation Regulations — 18
18 For the purposes of section 26.1 of the Act, an officer may make an election to reduce the amount of the officer's pension not later than one year after the later of (a) the day on which this section comes into force, and (b) the day on which the officer and the spouse are married. SOR/94-277, s. 1
Defence Services Pension Continuation Regulations — 19
19 (1) Notwithstanding section 18, an officer may make an election after the expiration of the period provided for in that section where the officer has received in writing, from a member of the Canadian Forces or person employed in the Public Service whose ordinary duties included the giving of advice respecting the election, (a) erroneous or misleading information regarding the period during which the officer could make an election; or (b) materially erroneous or misleading information regarding the amount of the reduction of the officer's pension or the amount of the pension to which the spouse would be entitled. (2) An election may be made under subsection (1) not later than three months after the day on which a written notice containing the correct information is sent to the officer. SOR/94-277, s. 1
Defence Services Pension Continuation Regulations — 20
20 An election shall be made in writing and shall (a) indicate the level of reduction in respect of the officer's pension; (b) indicate the date of birth of the officer's spouse and the date of the spouse's marriage to the officer; and (c) be signed and dated by the officer and signed by a witness other than the officer's spouse. SOR/94-277, s. 1
Defence Services Pension Continuation Regulations — 21
21 (1) An election shall be sent to the Minister, or to a person designated by the Minister, within the period referred to in section 18 or subsection 19(2), as the case may be. (2) The election is made on the day on which it is sent. SOR/94-277, s. 1; SOR/2016-64, s. 76(E)