5 An option under section 12 or 13 of the Public Service Superannuation Act exercised by an employee of Nordion shall be deemed to be null and void and the benefits to which that employee is entitled under that Act and the regulations made pursuant to that Act shall be determined as if sections 2 to 4 of these Regulations applied, with such modifications as the circumstances require, to that employee on the day on which that employee made that option, where the employee is a person who
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(b) ceased to be employed by Nordion and exercised that option on or after so ceasing to be employed but prior to the date on which these Regulations are published in the Canada Gazette; and
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(c) in exercising that option, acted upon erroneous or misleading advice received from a person employed in the Public Service whose ordinary duties included the giving of advice respecting an option under the Public Service Superannuation Act, which information led the employee to believe that the exercising of that option would not disentitle the employee from making an election to have the terms of these Regulations apply in the determination of the benefits to which the employee would become entitled under that Act.
