Regulations Made Pursuant to Subsection 23(2) of the Canadian Forces Superannuation Act
2. In these Regulations,
“Act” means the Canadian Forces Superannuation Act; (Loi)
- “former Act”
“former Act” means the Defence Services Pension Act, and any other enactment of the Parliament of Canada providing for the payment of pensions to members of the forces based on length of service, other than the Act. (ancienne loi)
3. These Regulations apply to every member of the forces to whom the Defence Services Pension Continuation Act applies and who, by reason of erroneous advice received from a person in the forces whose ordinary duties included the giving of advice respecting the making of elections under the Act or the former Act, failed to elect to become a contributor under the Act, Part V of the Defence Services Pension Act or Part V of the Militia Pension Act.
4. (1) Subject to section 5, a member of the forces described in section 3 may elect to become a contributor under the Act if he elects within one year of the day on which he is informed by the Minister of his right so to elect.
(2) Every election made under subsection (1) shall be evidenced in writing on Form CFSA 109 set out in the schedule and the original thereof forwarded to a person designated by the Minister for the purpose within the time prescribed by subsection (1) for the making of the election.
5. A member of the forces described in section 3 who was paid a gratuity under the former Act may elect to become a contributor under the Act only on undertaking to pay an amount equal to the gratuity paid to him (which payment may be in lump sum or in instalments computed in accordance with section 14 of the Canadian Forces Superannuation Regulations, at his option), together with simple interest at four per cent per annum from the date of commencement of payment of the gratuity to the date of his election under section 4.
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