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Canadian Forces Superannuation Act

Version of section 6 from 2003-01-01 to 2005-03-31:


Marginal note:Pensionable service

 Subject to this Act, the following service may be counted by a contributor as pensionable service for the purposes of this Act, namely,

  • (a) non-elective service, comprising,

    • (i) in the case of a contributor who, immediately before March 1, 1960, was a contributor under Part V of the former Act, any period of service that he would have been entitled to count for the purposes of computing any pension or gratuity under that Part had he, at that time, retired from the regular force, except any such period for which he elected under that Part to pay, and

    • (ii) in the case of any contributor,

      • (A) any period during which he or she is required by subsections 5(1) and (1.01) to contribute to the Superannuation Account or the Canadian Forces Pension Fund, and

      • (B) any period of service that may be counted by him as pensionable service pursuant to section 41; and

  • (b) elective service, comprising,

    • (i) in the case of a contributor who, immediately before March 1, 1960, was a contributor under Part V of the former Act,

      • (A) any period of service for which he elected under that Part to pay, and

      • (B) any period of service for which he might have elected, under the provisions of that Part in force immediately before March 1, 1960, to pay, if he elects, within the time prescribed by those provisions, to pay for that service, and

    • (ii) in the case of any contributor,

      • (A) any period of service during which he was employed in the Public Service on a full-time basis and was in receipt of salary, if he elects, within one year of becoming a contributor under this Act, to pay for that service, and any period of service with any board, commission, corporation or portion of the public service of Canada that is added to Schedule I to the Public Service Superannuation Act on or after March 1, 1960, during which he was employed on a full-time basis and was in receipt of salary, if he elects, within one year of such addition, to pay for that service,

      • (B) any period of service as a member of the Royal Canadian Mounted Police, if he elects, within one year of becoming a contributor under this Act, to pay for that service,

      • (C) any period of service on active service during time of war in the naval, army or air forces of Her Majesty raised by Canada, if he elects, within one year of becoming a contributor under this Act, to pay for that service,

      • (D) any period of service in the Canadian Army Special Force established by Order in Council P.C. 3860 of August 7, 1950 made under the National Defence Act, if he elects, within one year of becoming a contributor under this Act, to pay for that service,

      • (E) any period of full-time service during time of war between such dates as are fixed by the regulations in the naval, army or air forces of Her Majesty other than those raised by Canada, if he elects, within one year of becoming a contributor under this Act, to pay for that service,

      • (F) any period of full-time service during time of war or otherwise in the permanent naval, army or air forces of Her Majesty other than those raised by Canada, except any such service that may be counted by him under clause (E), if he elects, within one year of becoming a contributor under this Act, to pay for that service,

      • (G) any continuous period of full-time service of three months or more in the Canadian Forces or in the naval, army or air forces of Her Majesty raised by Canada, other than the regular force, if he elects, within one year of becoming a contributor under this Act, to pay for that service,

      • (H) one-fourth of any period of service in the Canadian Forces or in the naval, army or air forces of Her Majesty raised by Canada, other than the regular force, during which he was liable to be called out for periodic training or duty by the Governor in Council otherwise than during an emergency, except any such service that may be counted by him under clause (C) or (G), if he elects, within one year of becoming a contributor under this Act, to pay for that service,

      • (I) any period of service that may be counted by him as pensionable service pursuant to section 18 of the Canadian Forces Superannuation Act, chapter C-9 of the Revised Statutes of Canada, 1970, or section 42 or sections 43 to 48 of this Act,

      • (J) any period of service in respect of which he was entitled to be paid a return of contributions or other lump sum payment under this Act or Part V of the former Act, if he elects, within one year of subsequently becoming a contributor under this Act, to pay for that service,

      • (K) any period of service described in this paragraph for which he might have elected, under this Act, Part V of the former Act, the Civil Service Superannuation Act, the Public Service Superannuation Act, the Royal Canadian Mounted Police Superannuation Act or any order in council made under The Canadian Forces Act, 1950, as amended by the Canadian Forces Act, 1954, to pay, but for which he failed so to elect within the time prescribed therefor, if he elects, at any time before he ceases to be a member of the regular force, to pay for that service, and

      • (L) any period of service in respect of which the contributor makes an election under subsection 6.1(1), if the contributor elects, at any time before the contributor ceases to be a member of the regular force, to pay for that service.

  • R.S., 1985, c. C-17, s. 6
  • 1992, c. 46, s. 34
  • 1999, c. 34, s. 118

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