Defence Services Pension Continuation Act (R.S.C. 1970, c. D-3)

PART II

Marginal note:Royal Canadian Navy

36 This Act, subject to the modifications set out in this Part, applies with respect to the Royal Canadian Navy.

Marginal note:Definitions

• 37 (1) In the application of this Act to the Royal Canadian Navy,

  force

  force means the Royal Canadian Navy; (forces)

  man

  man means chief petty officer, petty officer, leading seaman, able seaman and ordinary seaman and equivalent in the Royal Canadian Navy, and the expression “militiaman”, as used in this Act, includes a man as herein defined; (homme)

  officer

  officer means a commissioned officer, a subordinate officer and a warrant officer of the Royal Canadian Navy; (officier)

  pay

  pay means full pay including, in the case of an officer, specialist’s pay, and, in the case of a man, pay for non-substantive rank held, and includes in both cases marriage allowance and the allowances payable in lieu of lodging, provisions, light and fuel, but shall exclude all other extra pay; (solde)

  rank

  rank means substantive rank, and includes Commodore First Class; (grade)

  service

  service, in the case of a man, does not include time served without pay in the force; (service, dans le cas d’un homme)

  service

  service, in the case of an officer, includes

  • (a) one-half of the time served in the force while in receipt of unemployed pay or half pay, and

  • (b) one-half of the time served in the Royal Canadian Naval Reserve or Royal Canadian Naval Volunteer Reserve if he has served at least ten years in the Royal Canadian Navy, but the time to be credited to an officer under this definition for service in the Royal Canadian Naval Reserve or Royal Canadian Naval Volunteer Reserve shall in no case exceed ten years; and if an officer’s pension is increased under the authority of this definition, then in addition to the deductions mentioned in this Act, such pension shall be subject to an annual deduction for a number of years equal to the number of years added to his service under the said authority, such deduction to be equivalent to five per cent of the pay that the officer was receiving at the time of his retirement from the force. (service, dans le cas d’un officier)

• Marginal note:Allowances

  (2) Notwithstanding that lodging, provisions, light and fuel, or any of them, are furnished in kind to an officer, the deductions from pay and pension, mentioned in section 9, and the pensions provided by this Act shall be computed as if the allowances in lieu thereof had in fact been paid.

Marginal note:Promotion to rank of acting warrant officer

38 Notwithstanding anything in this Act, a man who subsequent to the 10th day of September 1939 but prior to the 1st day of January 1947 was promoted to the rank of acting warrant officer shall be treated as a man for the purposes of this Act during the period that he continued to be an acting warrant officer.

Marginal note:Compassionate allowance to child

39 With respect to the payment of a compassionate allowance to the child of an officer under this Act, the allowance so payable shall be by reference to the equivalent naval rank held.

PART III

Marginal note:Permanent Active Air Force

40 This Act, subject to the modifications set out in this Part, applies with respect to the Permanent Active Air Force.

Marginal note:Definitions

41 In applying this Act to the Permanent Active Air Force,

force

force means the Permanent Active Air Force and any other component of the Royal Canadian Air Force the members of which are enlisted or appointed for continuing full-time service; (forces)

man

man means a non-commissioned officer or aircraftman of the force, and the expression militiaman, as used in this Act, includes a man as herein defined; (homme, milicien)

officer

officer means a commissioned officer, a subordinate officer or a warrant officer of the force; (officier)

service

service, in the case of a man, includes

• (a) time served with pay or salary in the public service of Canada under the Air Board prior to the 1st day of April 1924, and

• (b) time served with pay in the Canadian Air Force prior to the 1st day of April 1924; (service, dans le cas d’un homme)

service

service, in the case of an officer, includes

• (a) time served with pay or salary in the public service of Canada under the Air Board prior to the 1st day of April 1924,

• (b) time served with pay in the Canadian Air Force prior to the 1st day of April 1924, and

• (c) half the time served in the Canadian Air Force other than as mentioned in paragraph (b) or in the Royal Canadian Air Force other than the force, but the time to be credited under this paragraph shall in no case exceed ten years, and if an officer’s pension is increased by reason of this paragraph, then in addition to the deductions mentioned in section 9, such pension shall be subject to an annual deduction for a number of years equal to the number of years added to his service under this paragraph, such annual deductions to be equal to five per cent of the pay that the officer was receiving at the time of his retirement from the force. (service, dans le cas d’un officier)

Marginal note:Compassionate allowance to child

42 With respect to the payment of a compassionate allowance to the child of an officer under this Act, the allowance so payable shall be by reference to the equivalent Air Force rank held.

PART IVGeneral

Marginal note:Time and duration of payment

43 Pensions and compassionate allowances granted under this Act are, unless otherwise ordered by the Governor in Council, payable in equal monthly instalments in arrears, and unless otherwise specified by this Act shall continue during the lifetime of the recipient and thereafter until the end of the month during which he dies.

Marginal note:Fractions of years

44 For the purpose of computing pensions or gratuities, fractions of years of service shall be counted.

Marginal note:Act not applicable to certain persons

45 This Act does not apply to officers or militiamen who were not in the forces on the 31st day of March 1946 and who were or are appointed to or enlisted in the forces subsequent to that day and who have not been granted a pension under this Act.

Marginal note:“Service”

46 For the purpose of computing a pension under any of Parts I to III with respect to an officer, “service” in any such Part, in addition to any periods specified in Parts I to III, includes any continuous period of full-time service of six months or more in the naval, army or air forces of His Majesty raised in Canada other than the forces as defined in such Part, under such circumstances and to such extent as the Governor in Council may by regulation prescribe, but such service may not be counted as service under any other provision of any of such Parts, except to the extent prescribed by paragraph 7(a), paragraph (b) of the definition “service” in the case of an officer, in subsection 37(1) or paragraph (c) of the definition “service” in the case of an officer, in section 41, for the purpose of determining eligibility for pension.

Marginal note:Regulations

47 The Governor in Council may make regulations

• (a) prescribing the extent to which and the manner in which any person in receipt of a pension under any of Parts I to III who, after his retirement from the forces, is appointed to a position in the public service of Canada or is appointed to or enlists in the naval, army or air forces of Canada, may count that additional service for the purpose of computing his pension under such Part; and

• (b) providing for payment out of the Consolidated Revenue Fund, upon the death of any person in respect of whom any pension or compassionate allowance becomes payable under any of Parts I to III upon application to the Minister by or on behalf of any successor thereunder to whom any such pension or allowance becomes payable, of the whole or any part of such portion of any estate, legacy, succession or inheritance duties or taxes that are payable by the successor as is determined in accordance with the regulations to be attributable to that pension or allowance, and prescribing the amounts by which and the manner in which any such pension or allowance shall be reduced.

Marginal note:Offence

48 Any person who knowingly makes any statement or gives any information that is false in any material particular for the purpose of obtaining, either for himself or for any other person, any payment under any of Parts I to III is guilty of an indictable offence and is liable to imprisonment for a term not exceeding one year or to a fine not exceeding one thousand dollars, or to both.

Marginal note:Recovery of debit balance in pay account of former member

• 49 (1) Any debit balance in the pay account of a former member of the forces may be recovered from any pension or gratuity to which he is entitled under any of Parts I to III or from any amount that becomes payable under any of Parts I to III to his service estate, whether such debit balance existed at the time of his retirement or was ascertained after that time.

• Marginal note:Idem

  (2) Recovery of a debit balance pursuant to this section shall be effected in such manner and to such extent as may be prescribed by regulations made by the Governor in Council, but, in the case of any pension or gratuity to which a former member of the forces is entitled under any of Parts I to III, such recovery shall not be effected unless notice of the existence of the debit balance and the amount thereof has been given to him or has been forwarded by registered mail addressed to him at his latest known address.

• Marginal note:Unpaid instalments

  (3) Where a person who is entitled under any of Parts I to III to contribute in respect of any service and has undertaken to contribute in respect of that service by instalments, ceases to be a member of the forces before all the instalments have been paid, the unpaid instalments may be reserved, in accordance with the regulations, from any amount payable to him by Her Majesty, including any pension or gratuity payable to him under any of Parts I to III, until such time as all the instalments have been paid or the contributor dies, whichever occurs first.

Marginal note:Pension to include amount of augmentation

• 50 (1) For the purposes of this Act, the pension payable to a recipient under any of Parts I to III is the pension otherwise payable to the recipient thereunder, plus any amount by which that pension was, by Order in Council P.C. 77/8785 of the 26th day of September 1942 made under the War Measures Act, authorized to be augmented, which Order shall, for the purposes of this Act, be deemed to have been made under a provision of this section that, at the time when the Order was made, authorized the making thereof, and to have continued in effect thereafter, in respect of any service before the 31st day of March 1947 in respect of which such augmentation was authorized, notwithstanding the revocation of such Order on the 31st day of March 1947.

• Marginal note:Public Service Pension Adjustment Act

  (2) For the purposes of the Public Service Pension Adjustment Act, a pension equal to the amount by which any pension otherwise payable to a recipient under any of Parts I to III was authorized as described in subsection (1) to be augmented shall be deemed to be payable to the recipient under this section, in the same manner, at the same time, for and in respect of the same period and subject to the same terms and conditions as the pension authorized to be augmented.