Canadian Forces Superannuation Act

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.