Marginal note:Manner of making elections
8. (1) Every election made by a contributor under this Part shall be made by him while a member of the regular force and shall be evidenced in writing, in the form prescribed by the regulations, and witnessed, and the original thereof shall be forwarded to a person designated by the Minister for the purpose, within the time prescribed by this Act for the making of the election or, in the case of an election that may be made by the contributor at any time before he ceases to be a member of the regular force, within one month from the time of the making of the election.
Marginal note:Void elections
(2) An election under this Part is void in so far as it is
(a) an election to pay for any period of service described in any of clauses 6(b)(ii)(A) to (H) that the elector is entitled to count for the purposes of any superannuation or pension benefit of a kind specified in the regulations, otherwise than under the provisions of this Act;
(b) an election to pay for any period of service described in clause 6(b)(ii)(K) or (L) or an election under subsection 18(2) of the Canadian Forces Superannuation Act, chapter C-9 of the Revised Statutes of Canada, 1970, unless the elector has passed a medical examination, as prescribed by the regulations, within such time immediately before or after the making of the election as is prescribed by the regulations; or
(c) an election to pay for any continuous period of full-time service in the reserve force of one year by a person who became a contributor by virtue of subsection 41(3), unless the person has elected under subsection 41(4) to repay that part of the annuity or pension, as during that period, the person was entitled to receive under this Act or the former Act.
Marginal note:Right to elect for part of period
(3) A contributor who is entitled under this Part to elect to pay for a period of service is entitled to elect to pay for part only of that period but only that part which is most recent in point of time.
Marginal note:Right to amend or revoke
(4) An election under this Part may be amended by the elector, within the time prescribed by this Act for the making of the election, by increasing the period or periods of service for which he elects to pay, and is otherwise irrevocable except under such circumstances and on such terms and conditions, including payment by the elector to Her Majesty of such amount in respect of any benefit accruing to the elector during the subsistence of the election, as a consequence of his having so elected, as is prescribed by the regulations.
- R.S., 1985, c. C-17, s. 8;
- 1992, c. 46, s. 37.
Marginal note:Special procedures for certain elections
8.1 When an election is made to count as pensionable service a period of service specified in clause 6(b)(ii)(L), (M) or (N), section 8 applies in the manner and to the extent set out in the regulations.
- 1999, c. 34, s. 121.
Marginal note:Manner of payment
9. (1) Subject to this section, any amount required by subsection 7(1) to be paid by a contributor in respect of any period of service for which he has elected to pay shall be paid by him into the Superannuation Account
(a) in a lump sum, at the time of making the election, or
(b) in instalments, on such terms and computed on such bases as to mortality and interest as are prescribed by the regulations,
at his option.
Marginal note:Election after March 31, 2000
(1.1) For the purposes of subsection (1), an amount required to be paid by a contributor pursuant to an election made after March 31, 2000 shall be paid into the Canadian Forces Pension Fund.
Marginal note:Unpaid instalments
(2) Where a contributor who has elected under this Act or Part V of the former Act to pay for any period of service and has undertaken to pay for that period by instalments, ceases to be a member of the regular force before all the instalments have been paid, the unpaid instalments may be reserved, in accordance with the regulations, from any amount payable to him by Her Majesty including any annuity or other benefit payable to him under this Act, until such time as all the instalments have been paid or the contributor dies, whichever occurs first.
Marginal note:Saving provision
(3) Nothing in this Act shall be held to affect any right, privilege, obligation or liability that a person who elected to become a contributor under Part V of the former Act had under subsection 56(2) of that Act, immediately before March 1, 1960, but a contributor may, at any time before ceasing to be a member of the regular force, elect to surrender any right had by him under subsection 56(2) of that Act to pay for any period of service described therein in the manner authorized by that subsection, whereupon he is subject to subsections (1) and (2) of this section in all respects as though he had elected under this Act, at the time of the surrender of such right, to pay for that period.
Marginal note:Recovery of amounts due
(4) When any amount payable by a contributor into the Superannuation Account or the Canadian Forces Pension Fund by reservation from pay and allowances or otherwise has become due, but remains unpaid at the time of death, that amount, with interest at four per cent per annum from the time it became due, may be recovered in accordance with the regulations from any allowance payable under this Act to the survivor or children of the contributor, without prejudice to any other recourse available to Her Majesty with respect to the recovery of it, and any amounts so recovered shall be credited to the Superannuation Account or paid into the Canadian Forces Pension Fund and shall be deemed, for the purposes of the definition “return of contributions” in section 10, to have been paid into that Account or Fund by the contributor.
Marginal note:Recovery of annuity paid in error
(5) Where any amount has been paid in error under this Part or Part III on account of any annuity, annual allowance or supplementary benefit, the Minister may retain by way of deduction from any subsequent payment of that annuity, allowance or supplementary benefit, in the manner prescribed by regulation, an amount equal to the amount paid in error, without prejudice to any other recourse available to Her Majesty with respect to the recovery thereof.
- R.S., 1985, c. C-17, s. 9;
- 1992, c. 46, s. 38;
- 1999, c. 34, s. 122.
- Date modified: