Canadian Forces Superannuation Act

Marginal note:Right to retain pension

• 46 (1) Any person who becomes a contributor under this Act, having been employed in the public service and having become entitled to an annuity or annual allowance under the Public Service Superannuation Act, or having been a member of the Royal Canadian Mounted Police and having become entitled to an annuity or annual allowance under the Royal Canadian Mounted Police Superannuation Act, is entitled, for the purposes of this Act, to retain that annuity or annual allowance, but the period of service on which that annuity or annual allowance was based may not be counted by that person for the purpose of any benefit to which he may become entitled under this Act by reason of having become a contributor hereunder.

• Marginal note:Election to surrender benefits

  (2) Notwithstanding subsection (1), any person to whom that subsection applies may elect, within one year of becoming a contributor under this Act, to surrender the annuity or annual allowance therein referred to, in which case notwithstanding anything in the Public Service Superannuation Act or the Royal Canadian Mounted Police Superannuation Act, the person so electing and any person to whom any benefit might otherwise have become payable under the Public Service Superannuation Act or the Royal Canadian Mounted Police Superannuation Act, as the case may be, in respect of that person, cease to be entitled to any benefit under that Act in respect of any service of that person described in subsection 43(1), and the person so electing shall be subject to the provisions of subsection 43(2) in all respects as though he had not become entitled to an annuity or annual allowance under that Act but had elected under subsection 43(1) to pay for the whole of that service.