Canadian Forces Superannuation Act

Marginal note:Election to continue as participant

• 62 (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.