Application of Defence Services Pension Act to Special Force (SOR/51-84)

Order

1 The Canadian Army Special Force established by Order in Council P.C. 3860 of 7th August, 1950, is hereby designated as a special force for the purposes of section six of The Canadian Forces Act, 1950.

2 The Defence Services Pension Act shall not apply to any officer or man who is appointed, transferred or posted to or enlisted, enrolled or serving in the Canadian Army Special Force established by Order in Council P.C. 3860 of 7th August, 1950, unless such office or man, immediately prior to becoming a member of the Canadian Army Special Force, was a member of the Canadian Army Active Force, the Royal Canadian Navy (Regular) or the Royal Canadian Air Force (Regular).

3 Notwithstanding paragraph two hereof, an officer or man of the Canadian Army Special Force who is transferred to another element of the Canadian Army Active Force, the Royal Canadian Navy (Regular) or the Royal Canadian Air Force (Regular) or is reattested for a new term of service in excess of eighteen months, may elect, within one year of the date of such transfer or reattestment, to have The Defence Services Pension Act apply with respect to his service in the Canadian Army Special Forces and, if he so elects, that Act shall apply and such service shall count as service in the forces for the purposes of The Defence Services Pension Act.

4 Notwithstanding paragraph two hereof, an officer or man of the Canadian Army Special Force, as designated in paragraph 1, shall be counted a service in the forces for the purposes of the Defence Services Pension Act where the officer or man, subsequent to that service, becomes a contributor under that Act and elects to count that service on or prior to the 1st day of August, 1956, or within one year of becoming a contributor, whichever is the later; but no such election shall be required where the office or man is already counting the service pursuant to paragraph 3 hereof.

5 For the purposes of determining the amount of and the manner of making contributions under the Defence Services Pension Act, an election made pursuant to this Order shall be deemed to be an election made under subsection (1) of section 48 of that Act in respect of prior non-contributory service.