Public Service Superannuation Act

Marginal note:Persons re-employed

29 The following provisions apply to any person who is entitled, under subsection 12(1) or 13(1) or any regulations made for the purposes of section 24.2, to an annuity or an annual allowance, or who has been granted, as a contributor under Part I of the Superannuation Act, any annual allowance or adjusted annual allowance thereunder:

• (a) if that person is re-employed in the public service and becomes a contributor under this Part, whatever right or claim that he or she may have to the annuity, annual allowance or adjusted annual allowance shall be terminated without delay, but the period of service on which the benefit was based, except any period specified in clause 6(1)(a)(iii)(C) or (E), may be counted by that person as pensionable service for the purposes of subsection 6(1), except that if that person, on ceasing to be so re-employed, exercises his or her option under this Part in favour of a return of contributions, or is not entitled under this Part to any benefit other than a return of contributions, the amount so returned shall not include any amount paid into the Superannuation Account or the Public Service Pension Fund to his or her credit at any time before the time when he or she became re-employed, but whatever right or claim that, but for this paragraph, he or she would have had to the annuity, annual allowance or adjusted annual allowance on ceasing to be so re-employed shall then be restored to him or her; and

• (b) if that person is re-employed in the public service and becomes a contributor under this Part, and the period of service on which his or her annuity, annual allowance or adjusted annual allowance was based included any period specified in clause 6(1)(a)(iii)(C) or (E), he or she may, within one year from the time when he or she became a contributor under this Part, elect to retain that annuity, annual allowance or adjusted annual allowance, in which case, from and after the date of that election, he or she shall be deemed, for the purposes of this section, not to have become a contributor under this Part in respect of his or her service since becoming so re-employed, but if, on ceasing to be so re-employed, he or she exercises an option under this Part in favour of a return of contributions or is not entitled to any benefit under this Part in respect of his or her service since becoming re-employed except a return of contributions, the amount so returned shall not include any amount paid into the Superannuation Account or the Public Service Pension Fund to his or her credit at any time before the time when he or she became so re-employed.