CHAPTER 205 - TABLE OF CONTENTS
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SECTION 5 -PAYMENTS TO DEPENDANTS OF PERSONNEL DECEASED OR MISSING

205.71 - DEATH GRATUITY - REGULAR FORCE AND RESERVE FORCE ON CLASS "C" RESERVE SERVICE

(1) (Application) This instruction applies only to an officer or non-commissioned member of the Regular Force or Reserve Force on Class "C" Reserve Service who is reported dead or presumed dead and who, at the date of their death or presumed death, was not a participant in the Supplementary Death Benefits Plan under Part II of the Canadian Forces Superannuation Act or Part II of the Public Service Superannuation Act.

(2) (Entitlement) Subject to paragraph (5), when an officer or non-commissioned member is reported dead or presumed dead, a monthly Death Gratuity equal to 30 days pay shall be paid for two months

1. to the spouse or common-law partner;
2. if the member is single, to the person or persons undertaking the care of any dependent child or children as defined in CBI 205.015 (Interpretation); or
3. if there is neither a spouse or common-law partner nor a dependent child or children as defined in CBI 205.015, to the estate.

(3) (Limit) When the Death Gratuity is payable under paragraph (2) to more than one person, the amounts payable to each person shall be as determined by the Chief of the Defence Staff, but the total of all monthly payments may not exceed 30 days pay per month.

(4) (Period of Death Gratuity) The Death Gratuity commences on the first day of the month immediately following the month in which the officer or non-commissioned member is reported dead or presumed dead and, subject to paragraph (5), ceases on the last day of the following month.

(5) (Member found to be alive) When an officer or non-commissioned member who has been reported dead or who has been presumed dead is later found to be alive

1. payments under this instruction shall cease; and
2. the amount of the Death Gratuity already paid shall be recovered from the member's pay account.

205.72 - SPECIAL ALLOWANCE - DEPENDANTS OF DECEASED PERSONNEL

(1) (Entitlement) Subject to paragraph (3), when a member as defined in Section I of the Military Foreign Service Instructions for members serving outside Canada and Section 1 of the Isolated Post Instructions for members serving at isolated posts dies, or is presumed to have died, Special Allowance calculated in accordance with paragraph (2) shall be paid to

1. the spouse or common-law partner; or
2. the person or persons undertaking the care of the member's dependent child or children.

(2) (Monthly rate) Subject to paragraph (3), the monthly rate of Special Allowance is the rate at which any of the following allowances is in issue on the date the officer or non-commissioned member dies or a certificate of presumption of death is issued

1. Isolation Allowance (see CBI Chapter 11);
2. Foreign Service Allowance and related entitlements under the Military Foreign Service Instructions; or
3. any other allowance authorized in respect of a place of duty when dependants are residing at that place of duty and were moved there at public expense.

(3) (Limit) When Special Allowance is payable under subparagraph (1)(b) to more than one person, the amounts payable shall be as determined by the Chief of the Defence Staff but the total of all monthly payments may not exceed the rate described in paragraph (2).

(4) (Start and end of allowance) Special Allowance under this instruction

1. commences on the first day of the month immediately following that in which pay and allowances are ceased in accordance with CBI 203.11 (Personnel Deceased or Presumed Dead); and
2. subject to paragraph (5), continues until the end of the day of departure of the member's dependants from the place or country in respect of which an allowance was payable under paragraph (2), but not beyond 30 days from the day after the day of death, or the date on which a certificate of death or presumption of death is issued, whichever is later.

(5) (Member alive) When an officer or non-commissioned member who has been reported dead or presumed dead is later found to be alive

1. payments under this instruction shall cease; and
2. the amount of Special Allowance already paid shall be recovered from the member's pay account.

(CDS 27 Nov 03)

205.73 - DEATH GRATUITY - RESERVE FORCE OTHER THAN CLASS "C" RESERVE SERVICE

(1) (Application) This instruction applies to an officer or non-commissioned member of the Reserve Force on Class "A" or "B" Reserve Service who is reported dead, presumed dead or reported missing, and who

1. at the date of the member's death or presumed death was not a participant in the Supplementary Death Benefits Plan under Part II of the Canadian Forces Superannuation Act or Part II of the Public Service Superannuation Act;
2. to the extent established in sub-subparagraph (4)(b)(i), is reported missing and who, on the day the member was reported missing, was a participant in the Supplementary Death Benefits Plan under Part II of the Canadian Forces Superannuation Act or Part II of the Public Service Superannuation Act; or
3. to the extent established in sub-subparagraph (4)(b)(ii), is reported missing and who, on the day the member was reported missing, was not a participant in the Supplementary Death Benefits Plan under Part II of the Canadian Forces Superannuation Act or Part II of the Public Service Superannuation Act.

(2) (Death Gratuity) Subject to paragraph (5), when an officer or non-commissioned member is reported dead, presumed dead or reported missing, a monthly Death Gratuity equal to 30 days pay at the basic rate for a member of the Regular Force of the same rank and classification or trade group shall be paid for the appropriate period established under paragraph (4)

1. to the spouse or common-law partner;
2. if there is no spouse or common-law partner, to the person or persons undertaking the care of any dependent child or children as defined in CBI 205.015 (Interpretation); or
3. if there is neither a spouse or common-law partner nor a dependent child as defined in CBI 205.015, to the estate.

(3) (Limit) When a Death Gratuity is payable under paragraph (2) to more than one person, the amounts payable to each person shall be as determined by the Chief of the Defence Staff, but the total of all monthly payments may not exceed 30 days pay per month.

(4) (Period of Death Gratuity) The Death Gratuity is payable on the day immediately following the day on which the officer or non-commissioned member dies, is presumed dead or is reported missing and, subject to paragraph (5), continues

1. for a period of 20 months in the case of a member who dies or is presumed dead; or
2. in the case of an officer or non-commissioned member who is reported missing
   1. if the member was a participant in the Supplementary Death Benefits Plan under Part II of the Canadian Forces Superannuation Act or Part II of the Public Service Superannuation Act, to the end of the month in which a certificate of death or presumption of death is issued or for a period of six months from the day the member is reported missing, whichever is the shorter period, or
   2. if the member was not a participant in the Supplementary Death Benefits Plan under Part II of the Canadian Forces Superannuation Act or Part II of the Public Service Superannuation Act, for a period of 20 months.

(5) (Member found to be alive) When an officer or non-commissioned member who has been reported dead, presumed dead or reported missing is later found to be alive

1. payments under this instruction shall cease; and
2. the amount of the Death Gratuity already paid shall be recovered from the member's pay account.

205.74 - LEAVE ENTITLEMENT - PAYMENT TO SERVICE ESTATE

When an officer or non-commissioned member of the Regular Force or of the Reserve Force on Class "B" or "C" Reserve Service dies or is presumed to have died, an amount equal to the value of the unused earned leave to which the member had an entitlement at the time of death or presumed death shall be paid to the service estate.

205.75 - PAYMENT IN LIEU OF ANNUAL LEAVE

(1) (Entitlement) Where, at the end of any leave year after 31 March 1996, an officer or non-commissioned member has an entitlement to annual leave that has not been granted in respect of that leave year and that may not be carried over as accumulated leave in accordance with article 16.15 (Accumulated Leave) of the QR&O, the member shall be paid an amount equal to the value of the unused annual leave in lieu of being granted that leave.

(2) (Calculation) For the purpose of paragraph (1), the value of the unused annual leave shall be calculated in accordance with the following formula:

205.76 - PAYMENT IN LIEU OF ACCUMULATED LEAVE

(1) (Chief of the Defence Staff may authorize payment) The Chief of the Defence Staff may, if he or she considers it to be in the interests of the Canadian Forces and subject to any limitations and conditions established by him or her, authorize the payment to an officer or non-commissioned member of an amount equal to the value of all or any portion of accumulated leave that has accrued either before or after 1 April 1996 in lieu of the leave being granted or carried over.

(2) (Application by member) A payment under paragraph (1) may be made only on application by the officer or non-commissioned member.

(3) (Calculation) For the purpose of paragraph (1), the value of the unused accumulated leave shall be calculated in accordance with the following formula:

205.77 - PAYMENT IN LIEU OF RETIREMENT LEAVE

(1) (Entitlement of payment in lieu) When an officer or non-commissioned member has, on release or transfer from the Regular Force, an entitlement to retirement leave, the member may, subject to the limitations and conditions that the Chief of the Defence Staff considers to be in the interests of the Canadian Forces, be paid an amount equal to the value of all or any portion of the retirement leave in lieu of being granted that leave.

(2) (Application by member) A payment under paragraph (1) may be made only on application by the officer or non-commissioned member.

(3) (Monetary value of leave) For the purpose of paragraph (1), the value of the unused retirement leave shall be calculated

1. where the retirement leave is annual leave or accumulated leave, in accordance with the following formula:

2. where the retirement leave is special leave or rehabilitation leave, in accordance with the following formula: