QR&O: Volume III - Chapter 207 Pay Allotments and Compulsory Payments (Historical Version: 1 April 1983 to 31 August 2018)

Effective 1 August 2015, the official version of the QR&O is that published in PDF format on this website. In the event of any inconsistency between this consolidation and any printed or electronic copy, this consolidation prevails to the extent of the inconsistency. The HTML version on this website is provided solely for the convenience of readers. Any discrepancies between the HTML and the official PDF version should be reported to the DSCS, Corporate Secretary.

Amendment List:

History:

Section 1 - Pay Allotments and Compulsory Payments

207.01 - GENERAL CONDITIONS

(1) Subject to paragraph (2) and to the method of payment described in orders issued by the Chief of the Defence Staff, an officer or non-commissioned member may make voluntary allotments of pay and allowances, referred to in the QR&O and CBI as "pay allotments", by way of equal monthly payments as described in those orders.

(2) Compulsory payments take precedence over voluntary pay allotments.

(3) In making provisions for allotments and compulsory payments of pay and allowances, the Crown acts as the agent of officers and non-commissioned members without consideration, and does not accept responsibility for any errors of omission or commission in making payment on their behalf or by failure to make the correct charges against their pay and allowances.

(T) [T.B. 787246 effective 1 April 1983; T.B 829184 effective 1 September 2001 - (1)]

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Section 2 - Compulsory Payments

207.02 - COMPULSORY PAYMENTS - GENERAL PROVISIONS

(1) This section applies to an officer or non-commissioned member of the:

1. Regular Force; and
2. Reserve Force on Class "A", "B" or "C" Reserve Service.

(2) A compulsory payment from pay of an officer or non-commissioned member to whom this section applies shall be ordered by either the Chief of the Defence Staff or the commanding officer of the officer or non-commissioned member concerned, as appropriate.

(3) For the purposes of this section:

1. "applicant" means a party or his representative who is seeking to enforce a financial support order or a judgement debt;
2. "financial support order" means a decree, order or judgement that contains provisions for periodic payments for maintenance or alimony made by a court of competent jurisdiction pursuant to the
   1. Divorce Act (Revised Statutes of Canada, 1985, Chapter D-3.4),
   2. laws of a province relating to family financial support, or
   3. laws of a jurisdiction outside Canada relating to divorce or family financial support but only if it is enforceable under the laws of Canada or a province thereof;
3. "garnishee summons" means any document or court order of like import made by a court in Canada in relation to a judgement debt;
4. "judgement debt" means an order or judgement, other than a financial support order, which requires an officer or non-commissioned member to pay a sum of money to an applicant, and includes an order or judgement for lump sum arrears of maintenance or alimony and lump sum judgements made by a court of competent jurisdiction pursuant to the Divorce Act or pursuant to the law of a province relating to family financial support;
5. "pay" means the entitlement of an officer or non-commissioned member under chapter 204 (Financial Benefits and Pay of Military Judges) and chapters 204 (Pay of Officers and Non-commissioned Members) and 205 (Allowances for Officers and Non-commissioned Members) of the CBI and their entitlement to the Foreign Language Allowance, less the following: (1 September 2001)
   1. any contribution or payment required by law to be made out of the monies payable to an officer or non-commissioned member including
      1. Canada Pension Plan contributions,
      2. contributions required to be made pursuant to the Canadian Forces Superannuation Act (Revised Statutes of Canada, 1985, Chapter C- 1 7),
      3. unemployment insurance contributions, and
      4. income tax payments,
   2. any amount that is a compulsory premium payment, deducted from the monies payable to an officer or non-commissioned member for purposes of insurance or health care, including payments for
      1. a provincial medical care or hospital insurance plan,
      2. the Group Surgical-Medical Insurance Plan in respect of medical care or hospital insurance, where the person is employed outside Canada, and
      3. disability insurance under the Service Income Security Insurance Plan (SISIP),
   3. any amount that may be charged against or withheld from the pay and allowances of a member under regulations made under the National Defence Act, including chapter 208 (Fines, Forfeitures and Deductions), other than articles 208.50 (Deductions for Provision of Single Quarters and Covered Residential Parking), 208.505 (Deductions for Provision of Rations) and 208.51 (Deductions for Provision of Family Housing and Covered Residential Parking), (1 September 2001)
   4. any amount that is intended as reimbursement to a member for special costs incurred by the member in the course of their duties, including an allowance to a member to help defray the cost of upkeep and replacement of articles of uniform (see CBI 205.54 - Clothing Upkeep Allowance), (1 September 2001)
   5. mess subscriptions,
   6. any allowance payable to an officer or non-commissioned member other than one that is payable on a continuous basis at a monthly rate, and
   7. a payment of living cost differential component allowance pursuant to the isolation allowance regulations; and
6. "recipient" means an applicant or a person to whom the applicant has authorized payment to be made and in whose favour a compulsory payment has been ordered.

(4) For the purposes of this section, an officer or non-commissioned member is serving in the province or other jurisdiction outside Canada in which he is required, other than temporarily, to perform his duties in connection with his current posting.

(5) All documents and notices relating to the ordering of a compulsory payment under this section shall be submitted by the applicant to the following military authorities:

1. the commanding officer of the officer or non-commissioned member against whom the payment is to be ordered, or such person as that commanding officer may designate, in writing, to accept service on his behalf; or
2. if the applicant is unable to determine the appropriate commanding officer, or is otherwise unable to submit the documents or notices to the commanding officer of the officer or non-commissioned member concerned, the Chief of the Defence Staff or such person as he may designate, in writing, to accept service on his behalf.

(6) A payment into court by Her Majesty under this section is a good and sufficient discharge of liability, to the extent of such payment. Where, in honouring a garnishee summons or a financial support order, Her Majesty, through error, pays to an applicant by way of compulsory payment, an amount in excess of the amount that she should have paid to that applicant, the excess becomes a debt due to Her Majesty by that applicant and may in addition to any other method of recovery be recovered from the applicant at any time by set-off against future monies payable to the applicant by way of compulsory payment.

(7) When a compulsory payment is ordered from the pay of an officer or non-commissioned member, the payment shall be effective from the last day of the month following the month in which the compulsory payment is ordered.

(8) Compulsory pay allotments for maintenance that are in effect on the date that this section comes into force shall remain in effect until terminated or varied in accordance with this section.

(9) A military authority referred to in paragraph (5) who receives any documents or notices relating to the ordering of a compulsory payment or payments in connection with a financial support order or garnishee summons shall forthwith advise the officer or non-commissioned member concerned.

(T) (T.B. 829184 of 28 August 2001 effective 1 September 2001)

207.03 - FINANCIAL SUPPORT ORDER

(1) Before a compulsory payment is ordered against the pay of an officer or non-commissioned member in connection with a financial support order, the:

1. order must be enforceable under the laws of Canada or a province thereof; and
2. information required in paragraph (2) of this article must be submitted in writing to a military authority referred to in paragraph (5) of article 207.02 (Compulsory Payments - General Provisions).

(2) An applicant shall provide a military authority referred to in paragraph (5) of article 207.02 with the following:

1. a certified copy of the financial support order;
2. the identity and location of the court in which the order was obtained and of any other court in which the order was registered;
3. any particulars available to the applicant which may assist military authorities in identifying the officer or non-commissioned member;
4. the applicant's name and address in full and, if the payments are to be sent to a person, court or institution other than the applicant, the name and address in full of that person, court or institution to whom the payments are to be sent;
5. an address where notices and documents may be forwarded, either to the applicant or, if appropriate, to any person authorized by the applicant; and
6. a statutory declaration of the applicant stating that the amount mentioned in the financial support order has not been or is not being paid by or on behalf of the officer or non-commissioned member concerned.

(3) When a commanding officer receives a financial support order that requires one of his officers or non-commissioned members to make payments, together with the information that is required to be provided by an applicant under paragraph (2) of this article, he shall, normally within 30 days, order that a compulsory payment on a periodic basis as specified in the court order be made from the pay of the officer or non-commissioned member concerned, in an amount to be determined as follows:

1. if the officer or non-commissioned member is serving in Canada, in an amount that is equal to the lowest of the
   1. amount specified in the financial support order, and
   2. amount that may be garnisheed under the law of the province in which the officer or non-commissioned member is serving, and
   3. pay of the officer or non-commissioned member; or
2. if the officer or non-commissioned member is serving outside Canada in an amount, subject to paragraph (7) of this article, that is equal to the lesser of
   1. the amount specified in the financial support order, and
   2. ten days pay of the officer or non-commissioned member.

(4) When a commanding officer does not order a compulsory payment within 30 days of the day upon which he receives the financial support order and the information required to be provided under paragraph (2) of this article, he shall forthwith advise the officer commanding the command of the reasons for the delay and the officer commanding the command shall thereupon direct the commanding officer to order a compulsory payment on or before a date to be specified by the officer commanding the command.

(5) When an officer or non-commissioned member, against whom a compulsory payment is in force in accordance with this article, is to be posted, the commanding officer of the base, unit or other element from which he is to be posted shall, as soon as practicable after he is advised of the intended posting, inform the recipient of the compulsory payment, in writing:

1. of the change of strength date of the officer or non-commissioned member, together with the mailing address of the commanding officer of the base, unit or other element to which he is being posted;
2. if, as a result of the posting, the officer or non-commissioned member will be serving in a different province, that,
   1. effective the first day of the month following the month in which the posting occurs, the amount of the compulsory payment will be varied, if necessary, to ensure that the amount is equal to the lowest of the
      1. amount specified in the financial support order, and
      2. amount that may be garnisheed under the law of the new province, and
      3. pay of the officer or non-commissioned member, and
   2. effective the first day of the seventh month after the month in which the posting occurs, the amount of the compulsory payment will be varied, if necessary, to ensure that it does not exceed an amount equal to 10 days pay of the officer or non-commissioned member, unless, prior to that date, the recipient submits to the new commanding officer of the officer or non-commissioned member proof that the financial support order is enforceable under the laws of the province in which the officer or non-commissioned member is then serving, by virtue of having been
      1. made by a court of competent jurisdiction in that province, or
      2. registered in that province in accordance with the Divorce Act or the provisions of any law of that province relating to the reciprocal enforcement of a financial support order; and
3. if, as a result of the posting, the officer or non-commissioned. Member will be serving outside of Canada, that,
   1. effective the first day of the month following the month in which the posting occurs, the amount of the compulsory payment will be varied, if necessary, to ensure that it does not exceed an amount equal to 10 days pay of the officer or non-commissioned member or such lesser amount as the new commanding officer may determine, but only if he is satisfied that there has been a substantial change in the financial circumstances of the officer or non-commissioned member and that the officer or non-commissioned member is unable to seek a variation of the financial support order by a court of competent jurisdiction, and
   2. if the amount is varied to a lesser amount than ten days pay, the recipient may request the Chief of the Defence Staff to review the decision of the commanding officer by writing to the Chief of the Defence Staff, National Defence Headquarters, Ottawa, Ontario, Canada K1A 0K2.

(6) When an officer or non-commissioned member, against whom a compulsory payment is in force in accordance with this article, has been posted to a place of duty in Canada from a place of duty in another province or from a place of duty outside Canada, his new commanding officer shall:

1. effective the first day of the month after the month in which the posting occurs, vary the amount of the compulsory payment, if necessary, to ensure that the amount is equal to the lowest of the amount
   1. specified in the financial support order, and
   2. that may be garnisheed under the law of the new province, and
   3. the pay of the officer or non-commissioned member; and
2. effective the first day of the seventh month after the month in which the posting occurred, vary the amount of the compulsory payment, if necessary, to ensure that it does not exceed 10 days pay of the officer or non-commissioned member, but only if, prior to that date, the recipient of the compulsory payment has not submitted to him proof that the financial support order is enforceable under the laws of the province in which the officer or non-commissioned member is then serving.

(7) When an officer or non-commissioned member, against whom a compulsory payment is in force in accordance with this article, has been posted to a place of duty outside Canada, his new commanding officer shall, effective the first day of the month following the month in which the posting occurs, reduce the amount of the compulsory payment, if necessary, to:

1. an amount equal to 10 days pay of the officer or non-commissioned member; or
2. such lesser amount as the new commanding officer may determine under paragraph (8) of this article.

(8) When the commanding officer of an officer or non-commissioned member serving outside Canada considers that a compulsory payment to be ordered under subparagraph (3)(b) or paragraph (7) of this article should be in an amount that is not sufficient to satisfy the amount of a financial support order and that is less than 10 days pay:

1. he may order a compulsory payment for a lesser amount, but only if he is satisfied that there has been a substantial change in the financial circumstances of the officer or non-commissioned member and that the officer or non-commissioned member is unable to seek a variation of the financial support order by a court of competent jurisdiction; and
2. if he has ordered a compulsory payment for a lesser amount, the commanding officer shall
   1. inform the recipient of his reasons for so doing, and
   2. submit the matter to the Chief of the Defence Staff for review, together with his reasons, a copy of the financial support order, and any information that was submitted by the applicant pursuant to paragraph (2) of this article.

(9) When a compulsory payment has been submitted to the Chief of the Defence Staff for review pursuant to paragraph (8) of this article, the Chief of the Defence Staff may direct that the amount thereof be increased to an amount that does not exceed the lesser of 10 days pay of the officer or non-commissioned member and the amount of the financial support order, but only if he is satisfied that payment of such amount will not cause undue financial hardship to the officer or non-commissioned member concerned, or that failure to pay that amount will cause undue financial hardship to the recipient.

(10) Where the total of the compulsory payments that may be ordered under this article and any existing compulsory pay allotments for maintenance referred to in paragraph (8) of article 207.02 would exceed the amount that may be ordered as a compulsory payment from the pay of the officer or non-commissioned member under this article, unless a court has otherwise ordered:

1. no court order for maintenance or support shall be given precedence over another; and
2. the amount that may be ordered under this article shall be divided pro rata among the persons entitled under the court orders for maintenance or support; and
3. the person entitled shall be advised by the commanding officer of the reasons for the reduced payments.

(11) Where there is in existence against an officer or non-commissioned member a compulsory pay allotment for maintenance mentioned in paragraph (8) of article 207.02 or a compulsory payment under this article, and the decree, order or judgement upon which that allotment or payment is based is terminated or varied by a court of competent jurisdiction in Canada, upon submission to a military authority mentioned in paragraph (5) of article 207.02 of a copy of the order, decree or judgement that terminates or makes the variation, if the court:

1. terminates the decree, order or judgement upon which the allotment or payment is based, the allotment or payment shall be terminated; and
2. varies the decree, order or judgement upon which the allotment or payment is based, a compulsory
   1. pay allotment for maintenance shall be terminated and a compulsory payment, in accordance with this article, shall be ordered, based on the new decree, order or judgement, or
   2. payment shall be varied to ensure that the amount thereof is equal to the amount that would be ordered under this article based on the new decree, order or judgement.

(G) (P.C. 1983-5/1000 of 31 March 1983 effective 1 April 1983)

NOTE

When a commanding officer receives a financial support order that requires one of his officers or non-commissioned members to make payments to an applicant, he should consult the nearest office of the Judge Advocate General to determine:

1. if the financial support order is enforceable under the laws of Canada or a province thereof; and
2. the amount that may be garnisheed under the laws of the province in which the member is serving.

(M) (1 April 1983)

207.031 - GARNISHEE SUMMONS - JUDGEMENT DEBTS

(1) A compulsory payment shall be ordered in respect of a garnishee summons for a judgement debt only if:

1. a notice of intention to garnishee Her Majesty in right of Canada together with the information required in subparagraphs (3)(b), (c), (d), (e), (f) and (g) of this article has been served on a military authority referred to in paragraph (5) of article 207.02 (Compulsory Payments - General Provisions) at least 30 days prior to the service of the garnishee summons; and
2. the garnishee summons is served on the same military authority in the first 30 days following the first day on which the garnishee summons could be validly served

(2) Before a compulsory payment is ordered from the pay of an officer or non-commissioned member in connection with a garnishee summons:

1. the garnishee summons must be enforceable under the laws of the province or other jurisdiction outside Canada in which the officer or non-commissioned member is serving; and
2. the information required in paragraph (3) of this article must be submitted in writing to a military authority referred to in paragraph (5) of article 207.02.

(3) An applicant shall provide a military authority referred to in paragraph (5) of article 207.02 with the following:

1. the garnishee summons or a certified copy thereof;
2. a certified copy of the judgement debt;
3. the identity and location of the court in which the judgement was obtained and of any other court in which the judgement was registered;
4. any particulars available to the applicant which may assist in identifying the officer or non-commissioned member;
5. the applicant's name and address in full and, if the payments are to be sent to a person, court or institution other than the applicant, the name and address in full of that person, court or institution to whom the payments are to be sent;
6. an address where notices and documents may be forwarded either to the applicant or, if appropriate, to any person authorized by the applicant; and
7. a statutory declaration of the applicant stating that the amount mentioned in the garnishee summons has not been or is not being paid by or on behalf of the officer or non-commissioned member concerned.

(4) When a commanding officer has been served with a garnishee summons that requires one of his officers or non-commissioned members to make a payment or payments he shall, if he has received the documents and information referred to in subparagraph (1)(a) of this article, order normally within 30 days, subject to paragraphs (11) and (12) of this article, that a compulsory payment be made from the pay of the officer or non-commissioned member concerned in an amount that is the lesser of the:

1. amount specified in the garnishee summons; and
2. pay of the officer or non-commissioned member.

(5) When a commanding officer does not order a compulsory payment within 30 days of the day upon which he receives the garnishee summons and the information required to be provided under subparagraph (1)(a) of this article, he shall forthwith advise the officer commanding the command of the reasons for the delay, and the officer commanding the command shall thereupon direct the commanding officer to order a compulsory payment on or before a date to be specified by the officer commanding the command.

(6) When an officer or non-commissioned member, against whom a compulsory payment is in force in accordance with this article, is to be posted to a different province or other jurisdiction outside Canada, the commanding officer of the base, unit or other element from which he is to be posted shall, as soon as practicable after he is advised of the intended posting, inform the recipient of the compulsory payment, in writing:

1. of the change of strength date of the officer or non-commissioned member, together with the mailing address of the commanding officer of the base, unit or other element to which he is being posted; and
2. that, effective the first day of the month following the month in which the posting occurs, the compulsory payment ordered under this article will cease unless, prior to that date, the recipient submits to the new commanding officer of the officer or non-commissioned member a garnishee summons enforceable under the laws of the new province or other jurisdiction outside Canada, together with the statutory declaration referred to in subparagraph (3)(g) of this article.

(7) When an officer or non-commissioned member, against whom a compulsory payment is in force in accordance with this article, has been posted to a different province or other jurisdiction outside Canada, his new commanding officer shall:

1. effective the first day of the month after the month in which the posting occurs, terminate the compulsory payment unless he has been served with a new garnishee summons enforceable under the laws of the new province or other jurisdiction outside Canada in connection with the same judgement debt, together with the statutory declaration referred to in subparagraph (3)(g) of this article; and
2. normally within 30 days of receipt of a new garnishee summons that is enforceable under the laws of the new province or other jurisdiction outside Canada, together with the information required in subparagraphs (3)(b), (c), (d), (e), (f) and (g) of this article and subject to paragraphs (11) and (12) of this article, order that a compulsory payment be made from the pay of the officer or non-commissioned member concerned in an amount equal to the lesser of the
   1. amount specified in the garnishee summons, and
   2. pay of the officer or non-commissioned member.

(8) The documents and information referred to in subparagraphs (3)(b), (c), (d), (e) and (f) of this article need not be provided in respect of a second or subsequent garnishee summons relating to the same parties and the same judgement debt as the first garnishee summons if the later garnishee summons, together with the statutory declaration referred to in subparagraph (3)(g) of this article, is:

1. served not later than 60 days after the day on which the previous garnishee summons was served on the same military authority; and
2. accompanied by a copy of the previous garnishee summons.

(9) Failure by the applicant to serve a garnishee summon on a military authority referred to in paragraph (5) of article 207.02 within the time period prescribed in paragraph (8) of this article does not prejudice the applicant's right to serve new notice of intention to garnishee.

(10) In addition to any method of service permitted by the law of a province, service of documents may be effected by registered mail, whether within or outside the province. Where service of a document is effected by registered mail, the document shall be deemed to be served on the day of its receipt by a military authority.

(11) The maximum amount of all compulsory payments that may be ordered from the pay of an officer or non-commissioned member under this article in satisfaction of one or more garnishee summons is, subject to paragraph (12) of this article, the lowest of the:

1. amount specified in the garnishee summons; and
2. amount that may be garnisheed under the law of the province In which the officer or non-commissioned member is serving; and
3. pay of the officer or non-commissioned member.

(12) Compulsory pay allotments for maintenance mentioned in paragraph (8) of article 207.02 or compulsory payments in respect of financial support orders take precedence over compulsory payments to be ordered under this article.

(G) [207.031: P.C. 1983-5/1000 effective 1 April 1983 until 1 September 2001]

(T) [T.B. 829184 - New Authority - effective 1 September 2001]

NOTE

When a commanding officer receives a garnishee summons that requires one of his officers or non-commissioned members to make a payment or payments to an applicant, he should consult the nearest office of the Judge Advocate General to determine if the garnishee summons is enforceable under the laws of the province or other jurisdiction outside Canada in which the officer or non-commissioned member is serving.

(M) (1 April 1983)

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Section 3 - Other Pay Allotments

207.04 - CHANGE AND STOPPAGE OF PAY ALLOTMENTS

(1) An officer or non-commissioned member shall not be permitted to stop or change the amount of a voluntary pay allotment more frequently than once in six months, except:

1. on change of normal place of duty; or
2. upon any change in status affecting his pay and allowances; or
3. when proceeding to sea on lengthy cruises; or
4. in exceptional circumstances, with the approval of his commanding officer.

(2) When, in the opinion of the accounting officer, continuation of payment of the total amount of the pay allotments of an officer or non-commissioned member would create a debit balance in his pay account that might not be liquidated within a period of three months, the accounting officer shall stop or reduce any or all of his voluntary pay allotments.

(T)

207.05 - PAY ALLOTMENTS - PERSONNEL REPORTED MISSING, PRISONERS OF WAR OR INTERNED OR DETAINED BY A FOREIGN POWER

(1) For the purpose of this article, "dependent child" has the same meaning as in CBI 205.015 (Interpretation).

(2) This article applies when an officer or non-commissioned member is reported missing, a prisoner of war, or interned or detained by a foreign power.

(3) A board of officers appointed by the Chief of the Defence Staff shall examine all the pay allotments of an officer or non-commissioned member described in paragraph (2) and may, if any such action is desirable in the interests of the member or their dependants, recommend that a pay allotment

1. be stopped, reduced, suspended or reinstated;
2. that is in favour of a spouse or common-law partner or dependent child, be increased, reduced or remain unchanged; and
3. be instituted in favour of a spouse or common-law partner or dependent child.

(4) In recommending a change in the amount of or in instituting a pay allotment, the board shall conform to the following rules:

1. when an officer or non-commissioned member is married or in a common-law partnership, or is single and has a dependent child, the pay allotment
   1. to the spouse or common-law partner shall not be less than an amount equal to 20 days pay, or
   2. in respect of a dependent child may not be less than the amount of the pay allotment in effect on the date of the report referred to in paragraph (2) or, if no pay allotment is in effect on that date, may be in the amount and payable to the person determined by the board;
2. when a pay allotment is in effect to a bank or similar institution and the spouse or common-law partner of an officer or non-commissioned member has access to the account either in the spouse's or common-law partner's name or jointly with the member, or the pay allotment is for purposes that the spouse or common-law partner would otherwise be obliged to meet from the income of the spouse or common-law partner, the amount described in sub-subparagraph (a)(i) may be reduced by the amount of the pay allotment;
3. when the spouse or common-law partner or the dependent children of an officer or non-commissioned member are suffering financial hardship, the pay allotment described in subparagraph (a) may be increased;
4. when, on the date of the report referred to in paragraph (2), a pay allotment is in effect in excess of the amount described in subparagraph (a), it shall not be decreased except in exceptional circumstances;
5. all pay allotments of an officer or non-commissioned member shall be stopped or reduced if, in consideration of the amount of the pay allotment directed under subparagraph (a), continuation of payment of the total amount of the pay allotments would create a debit balance in the member's pay account; and
6. subject to this article, no pay allotment shall be increased and no new pay allotment shall be instituted under article 207.01 (General Conditions) after the date of the report referred to in paragraph (2) unless, while the officer or non-commissioned member was a prisoner of war or interned or detained by a foreign power, they communicate their authority for an increase or new pay allotment.

(5) Any changes in pay allotments recommended by the board in accordance with this article shall be effected under authority of the Chief of the Defence Staff.

(T) [T.B. 787246 effective 1 April 1983 - (4)(e); T.B. 829184 effective 1 September 2001 - (1), (3) and (4)]

(207.06 TO 207.99 INCLUSIVE: NOT ALLOCATED)