Document ID: chunk:federal_register_of_legislation:C2022C00288:section:52:p2
Version: federal_register_of_legislation:C2022C00288
Segment Type: section
Provision Reference: s 52 (pt 2/4)
Character Range: 37911–40375

person immediately before his retirement who became entitled to a pension under section 41 upon retiring on completing 20 years' service for pension.
 (4) Where a person to whom paragraph (3)(a) applies retired before completing the engagement under which he was serving on the date of his retirement and before attaining the retiring age for the rank held by him, then, for the purpose of determining the rate at which pension is payable to him, his period of service for pension shall be deemed to be the period that would have been his period of service for pension if he had retired upon completing that engagement.
 (5) A person who is entitled to invalidity benefit, is classified as Class C under subsection 51(2) and was an officer immediately before his retirement is entitled:
 (a) if, immediately before his retirement, he had completed 20 years' service for pension but had not attained the retiring age for the rank held by him at that time—to a pension at the rate at which pension would be payable to him if, upon retirement, he had become entitled to a pension under section 39 by virtue of paragraph 39(2)(b);
 (b) if, immediately before his retirement, he had completed 20 years' service for pension and had attained the retiring age for the rank held by him at that time—to a pension at the rate at which pension would be payable to him if he were classified as Class B; or
 (c) in any other case—in addition to a refund under section 60 of the amount of contributions paid by him under this Act, to a gratuity in accordance with subsections (6) and (7).
 (6) Subject to subsection (7), the gratuity to which a person is entitled under paragraph (5)(c) is an amount calculated at the rate of $150 if the person is a male, or $75 if the person is a female, for each year of service for pension completed by the person.
 (7) Where the period of service for pension of a person who was an officer immediately before his retirement includes a period served by the person as a member other than an officer, the gratuity to which the person is entitled under paragraph (5)(c) is the sum of:
 (a) an amount calculated at the rate of $100 per annum if the person is a male, or $50 per annum if the person is a female, in respect of the period of service for pension completed by the person as a member other than an officer; and
 (b) an amount calculated at the rate of $150 per annum if the person is a male, or $75 per annum if the person is a female,