82GPension or benefit payable

#### 82G Pension or benefit payable (1) The application of Part V to and in relation to a person to whom this Part applies is subject to this section. (2) For the purpose of determining the pension payable upon the retirement of a person to whom this Part applies, the service for pension of that person shall be deemed to be the aggregate of the periods of service for pension served by that person prior to and after he became a person to whom this Part applies, other than service in respect of which a refund of contributions has been paid or is payable to him. (3) Where a person to whom this Part applies is, upon retirement, an officer but not a member of the Permanent Forces, his age on retirement shall, for the purposes of subsections 38(3) and (3A) and subsections 39(3), (3A) and (4), but not for any other purpose of this Act, be deemed to be his actual age on retirement reduced by a period equal to the period commencing on the date when he first became entitled to pension under this Act and ending on the date immediately preceding the date on which he became a person to whom this Part applies. (4) Where: (a) immediately before he became entitled to a pension, a person to whom this Part applies was a member other than an officer and had completed 20 years’ service for pension; (b) on retirement after becoming a person to whom this Part applies, he is an officer but is not entitled to pension under Part V; and (c) his failure to be entitled to pension is not attributable to the operation of section 54 or 71; he is entitled, on retirement (in lieu of any other benefit to which, but for this subsection, he would be entitled): (d) to pension as if, on retirement, he had held the rank last held by him before he became an officer; and (e) to a refund of so much of his contributions to the Fund as is equal to the difference between the amount of contributions paid by him to the Fund and the amount of contributions that would have been paid by him to the Fund if, at all times when he was an officer, he had held the rank last held by him before he became an officer. (5) Where: (a) the pension of a person to whom this Part applies became payable by virtue of section 51; (b) immediately before he became entitled to that pension, he was an officer and had completed 20 years’ service for pension; and (c) on retirement after having become a person to whom this Part applies, he is not entitled to pension under Part V, whether by reason of the operation of section 54 or 71, or otherwise; he is entitled, on retirement (in lieu of any other benefit to which, but for this subsection, he would be entitled): (d) to the pension to which he would have been entitled immediately before he became a person to whom this Part applies if, immediately before he became such a person, he had been reclassified as Class C under section 53; (e) to a refund of the amount of the contributions paid by him to the Fund after he became a person to whom this Part applies; and (f) to any gratuity payable to him under this Act in respect of his service after he became a person to whom this Part applies. (6) Where: (a) the pension of a person to whom this Part applies became payable by virtue of section 51; (b) on retirement after having become a person to whom this Part applies, he is not entitled to pension under Part V, whether by reason of the operation of section 54 or 71, or otherwise; and (c) subsection (4) or (5) does not apply to him; he is entitled, on retirement (in lieu of any other benefit to which, but for this subsection, he would be entitled): (d) to any refund of contributions and gratuity to which he would have been entitled if he had been reclassified as Class C under section 53 immediately before he became a person to whom this Part applies; (e) to a refund of the amount of the contributions paid by him to the Fund after he became a person to whom this Part applies; and (f) to any gratuity payable to him under this Act in respect of his service after he became a person to whom this Part applies. (7) Where: (a) the pension of a person to whom this Part applies became payable otherwise than by virtue of section 51; (b) on retirement after becoming a person to whom this Part applies, he is not entitled to pension under Part V, whether by reason of the operation of section 54 or 71, or otherwise; and (c) subsection (4) does not apply to him; he is entitled, on retirement (in lieu of any other benefit to which, but for this subsection, he would be entitled): (d) to pension corresponding with the pension that was cancelled when he became a person to whom this Part applies; and (e) to a refund of the amount of the contributions paid by him to the Fund after he became such a person. (8) Where a person is entitled to benefit under subsection (5), (6) or (7) of this section, sections 54 and 71 do not apply in relation to that benefit except gratuity payable by virtue of paragraph (5)(f) or (6)(f) of this section. (9) Where a person to whom this Part applies dies before retirement and section 59 applies in relation to him, the reference in that section to the contributions paid by a member shall be read as a reference to the contributions paid by the person after he became a person to whom this Part applies. (10) Where a person to whom this Part applies dies before retirement and, by reason of the operation of section 71, pension would not, but for this subsection, be payable in respect of him, that section does not apply in relation to him and he shall be deemed, for the purposes of this Act, to have been a pensioner on the date on which he died in receipt of the pension that was cancelled when he became a person to whom this Part applies, and the amount of the contributions paid by him under this Act after he became such a person shall be paid to his personal representatives, or failing them, to such persons, if any, as the Board determines. (11) Where: (a) the pension of a person to whom this Part applies became payable by virtue of section 51; (b) on retirement after becoming a person to whom this Part applies, he again became entitled to pension by virtue of section 51 upon being classified as Class A or Class B under that section; and (c) he is later reclassified as Class C under section 53 and, upon being so reclassified, ceases to be entitled to a pension; he is entitled, upon being so reclassified: (d) to any refund of contributions and gratuity to which he would have been entitled if he had been so reclassified immediately before he became a person to whom this Part applies; and (e) to a refund of the amount of the contributions paid by him under this Act after he became a person to whom this Part applies, and to a gratuity calculated in accordance with section 52 by reference to his service after he became a person to whom this Part applies, to the extent that the sum of the amount of the refund and the amount of the gratuity exceeds the sum of the payments of pension received by him after his retirement after becoming a person to whom this Part applies.