Canadian Forces Superannuation Act

Version of section 62 from 2005-04-01 to 2007-02-28:

Marginal note:Election to continue as participant
  •  (1) A participant who is a member of the regular force and who has been a member substantially without interruption for five years or more or has been a participant under this Part without interruption for five years or more may, within one year before such time as he ceases to be a member, elect to continue to be a participant under this Part after that time.

  • Marginal note:Idem

    (2) A person who ceases to be a member of the regular force and at the time he ceases to be a member is a participant who has been a member of the regular force substantially without interruption for five years or more or has been a participant under this Part without interruption for five years or more,

    • (a) shall be deemed, for the purposes of this Part except section 65, to be a participant under this Part for a period of thirty days after that time; and

    • (b) may, within that period of thirty days, elect to continue to be a participant under this Part after the expiration of that period, and shall, if on ceasing to be a member he is entitled under Part I or under the Defence Services Pension Continuation Act, chapter D-3 of the Revised Statutes of Canada, 1970, to an immediate annuity or pension, be deemed so to have elected within that period to continue to be a participant under this Part after the expiration of that period.

  • Marginal note:Idem

    (3) An election under subsection (1) or (2) shall be deemed not to take effect until the expiration of the period of thirty days mentioned in paragraph (2)(a).

  • Marginal note:Service in public service to be counted

    (4) For the purpose of subsections (1) and (2),

    • (a) in calculating the period during which a person has been a member of the regular force, any period during which that person was employed in the public service shall be deemed to be service as a member of the regular force; and

    • (b) in calculating the period during which a person has been a participant under this Part, any period during which that person was a participant under Part II of the Public Service Superannuation Act shall be included.

  • R.S., 1985, c. C-17, s. 62;
  • 2003, c. 22, s. 225(E).
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