Marginal note:Pension conditional
8. An officer shall not have any right to a pension or gratuity unless the Minister is satisfied with the manner in which he has performed his duties.
- R.S., 1952, c. 63, s. 8.
Marginal note:Deductions from pay
9. (1) A deduction toward making good the pensions hereinbefore mentioned shall be made from the pay of every officer at the rate of five per cent per annum on such pay; but such deduction shall not be made during more than thirty-five years of service.
Marginal note:Deductions not made for sufficient number of years
(2) Where an officer becomes entitled to a pension, and the deduction from his pay provided for in this section has not been made for as great a number of years as that upon which his pension is based, the aggregate amount of pay received by him during the years for which no such deduction has been made, shall be divided by the number of such years for the purpose of ascertaining the average pay of such officer during such years, and a yearly deduction amounting to five per cent upon such average pay shall be made from the pension of such officer, and such deduction shall continue to be made until the expiration of the number of years last mentioned or the cessation of the payment of the pension, whichever shall first happen; but if the officer thinks fit, the deficiency in the deduction may be made good by him in one payment.
(3) The sums deducted under this section shall form part of the Consolidated Revenue Fund.
- R.S., 1952, c. 63, s. 9.
Marginal note:Gratuity when pension not earned
10. (1) Where any officer is constrained by any infirmity of body or mind to quit the force before a period at which a pension might be granted to him, the Minister may, on the recommendation of a board composed of three officers of rank not lower than that of major, selected by the Defence Council, allow him a gratuity not exceeding one month’s pay for each year of his service.
Marginal note:Gratuity in case of severe injury
(2) Where any such officer is so constrained to quit the service before such period by reason of severe bodily injury, received without his own fault, in the discharge of his duty, the Minister may, on the recommendation of such board, allow him a gratuity not exceeding three months pay for every two years service.
Marginal note:Gratuity in case of death before pension
(3) When an officer dies before a period at which a pension might be granted him, the Governor in Council may grant to his survivor, or, if he leaves no survivor, to his children under eighteen years of age at the date of his death a gratuity equal to the amount of the deductions made under subsection 9(1) from the officer’s pay during his service.
Marginal note:If no survivor or child
(4) When an officer dies leaving no survivor or child to whom a gratuity under subsection (3) or a pension or compassionate allowance under this Act would be payable, but who leaves a father, mother, brother, sister or child who, at the date of the officer’s death was wholly or partially dependent on him for support, the Governor in Council may grant to the person or persons so dependent a gratuity not exceeding in the aggregate the amount of the deductions made under subsection 9(1) from the officer’s pay during his service.
- R.S., 1970, c. D-3, s. 10;
- 1999, c. 34, s. 208.
- Date modified: