Public Service Superannuation Act

Marginal note:Medical examination requirements

• 31 (1) Subject to subsection (3) but notwithstanding anything else in this Part, any election made by a person who becomes a contributor under this Part

  • (a) not having been a contributor under Part I of the Superannuation Act immediately prior to January 1, 1954, and

  • (b) not having been employed in the Public Service, or in the Public Service and as a member of the regular force or of the Force, substantially without interruption for a period of five years immediately prior to the making of the election,

  is void, in so far as it is an election to pay for any period of service prior to becoming a contributor, except any period immediately prior to becoming a contributor during which he was employed in the Public Service, unless the person by whom the election is made has been medically examined, as prescribed in the regulations.

• Marginal note:Failure to pass medical examination

  (2) Notwithstanding anything in this Part, when a contributor to whom subsection (1) applies has been medically examined, as prescribed in the regulations, and has failed to pass the examination, neither the contributor nor the contributor’s survivor or children shall, in respect of any service of the contributor to which the election referred to in subsection (1) relates, become entitled to any benefit under this Part other than a return of contributions unless the contributor continues to be employed in the Public Service for a further period of not less than five years from the time of the examination or is again medically examined, as prescribed in the regulations, and passes the examination.

• Marginal note:Prohibited elections

  (3) Notwithstanding anything in this Part, any election, in so far as it is an election

  • (a) to pay for any period of service described in clause 6(1)(b)(iii)(K) or (L),

  • (b) under paragraph 20(1)(b), in the case of an election made after one year after the person by whom the election is made becomes employed in operational service, or

  • (c) under subsection 39(6),

  is void unless the person by whom the election is made has passed a medical examination, as prescribed in the regulations, within such time immediately before or after the making of the election as is prescribed in the regulations.