Marginal note:Compulsory retirement
3. (1) An officer who is retired compulsorily after twenty years service for any cause other than misconduct or inefficiency is entitled to a pension for life,
(a) equal to one-fiftieth of the pay and allowances of his rank or permanent appointment at the time of his retirement for each year of service if he is an officer appointed to the force, or a warrant officer promoted to or appointed to that rank, prior to the 1st day of May 1929; or
(b) equal to one-fiftieth of the average annual amount of the pay and allowances received by him during the three years immediately preceding his retirement for each year of his service if he is an officer appointed to the force, or a warrant officer promoted to or appointed to that rank, on or after the 1st day of May 1929.
Marginal note:Voluntary retirement after 25 years
(2) An officer who retires voluntarily after twenty-five years service is entitled to a pension for life, twenty per cent less than he would be entitled to if he were retired compulsorily.
Marginal note:After 20 years
(3) An officer who retires voluntarily after twenty years service is entitled to a pension for life equal to the greater of
(a) the pension that he would have been entitled to if he were retired compulsorily, reduced by five per cent for each complete year by which his age at the time of his retirement is less than the prescribed age limit for his rank, and
(b) the pension, if any, to which he is entitled under subsection (2);
but no pension is payable under this subsection unless a recommendation has been made by the Minister and approved by the Treasury Board that the retirement of such officer was in the public interest and that it is in the public interest that he be paid that pension.
(4) Notwithstanding subsection (2) or (3), a warrant officer who, at the end of a period of engagement or re-engagement, retires voluntarily after twenty years service is entitled to the same pension as if he were retired compulsorily.
Marginal note:After 35 years
(5) An officer who retires voluntarily after thirty-five years service is entitled to the same pension as if he were retired compulsorily.
(6) No addition shall be made to such pension for any service beyond thirty-five years.
Marginal note:Service not continuous
(7) Where the service has not been continuous, the period or periods during which such service has been discontinued shall not be counted.
Marginal note:Service in His Majesty’s regular forces
(8) Time served in His Majesty’s regular forces may be counted in the term of service for pension in the case of an officer transferred to the permanent force in connection with the taking over by the Government of Canada of the garrisons of Halifax and Esquimalt, subject to the provisions hereinafter contained as to deductions from the pension in cases where an officer becomes entitled to a pension and the deduction hereinafter provided for has not been made for as great a number of years as that upon which his pension is based.
Marginal note:Seconded officers
(9) Any officer who is or has been seconded shall, during the time that he is seconded, continue to contribute, from time to time, to the Consolidated Revenue Fund, sums equal to the deductions that would have been made from his pay if he had not been seconded, and he is in such case, upon his retirement from the force, entitled, subject to this Act, to the pension that he would have received if he had continued to serve in the force until the time of his retirement.
Marginal note:Service in public service, C.E.F., etc.
(10) In the case of an officer who has been seconded or given leave of absence for service in a position in the public service of Canada or in the Canadian Expeditionary Force or in any other military force raised in Canada for service outside Canada and paid and maintained by the Government of Canada, or who has been permitted to serve in any such force, deductions at the rate of five per cent per annum shall be made from the salary or pay, as the case may be, which such officer is receiving in the public service or as an officer in any such force, and those deductions shall form part of the Consolidated Revenue Fund and shall be treated in all respects as deductions under this Act; and, notwithstanding anything in this Act, the pension granted an officer thus seconded, or thus serving in any such force shall be based on the average annual salary and allowances or pay and allowances, as the case may be, that, during the three years immediately preceding his retirement, the said officer received from the said Government in the public service, or in such force in whichever he may have been serving during the said three years.
Marginal note:Reservations from salary treated as deductions
(11) Where, by reason of a position in the public service of Canada to which any officer is seconded, he becomes subject to Part I of the Civil Service Superannuation Act, the reservations from his salary in the public service of Canada by the said Part I required to be made, shall be treated in all respects as deductions under this Act, and as satisfying the contributions that such officer is, by subsections (9) and (10), required to make.
Marginal note:Computation of pension of officers subject to Civil Service Superannuation Act
(12) The pension to which any such officer may become entitled shall be computed in respect of the average annual pay and allowances or salary and allowances of which he was in receipt while serving in the force, or, if seconded, in the public service of Canada, as the case may be, during the three years immediately preceding his retirement from the force.
Marginal note:Adjustment of pension of certain officers
(13) Any officer who, being seconded, dies after a period at which a pension might be granted him, shall, if he has made the contributions hereinbefore required, be deemed to be on full pay for the purposes of section 25.
Marginal note:Computation of pensions of members of Defence Council
(14) The pension of an officer who during his service was a member or associate member of the Defence Council for a period of not less than three continuous years and who, at the date of his retirement, is serving elsewhere in naval, army or air force employment, or is seconded, shall be computed on the average annual amount of the pay and allowances received by him during the last three years while serving as a member or associate member of the Defence Council, if a pension computed in such manner would be more beneficial to the officer than if computed as otherwise provided by this Act.
- R.S., 1952, c. 63, s. 3, c. 310, s. 4;
- 1959, c. 21, s. 33;
- 1966-67, c. 44, s. 57.
- Date modified: