Public Service Superannuation Regulations

19.1 No option may be revoked under section 19 and no new option may be exercised under section 12, 13 or 13.01 of the Act unless all of the following conditions are met:

• (a) the person who received the erroneous or misleading information applies to the Minister to revoke the option and to exercise a new option within

  • (i) in the case of an option made under section 12 or 13 of the Act, three months after the day on which he or she became aware that erroneous or misleading information was given, or

  • (ii) in the case of an option made under section 13.01 of the Act, the later of three months after the day on which he or she became aware that erroneous or misleading information was given to him or her or six months after the day on which this section and section 19 come into force;

• (b) the contributor, in exercising the option that he or she made under section 12, 13 or 13.01 of the Act or having been deemed under paragraph 10(5)(a) or (b) of the Act to have exercised, acted upon the erroneous or misleading information referred to in section 19, and would have made a different choice of benefit or would have exercised the option at an earlier time if there had been no erroneous or misleading information given;

• (c) any payment made to the contributor in respect of any benefit during the subsistence of the option made under section 12 or 13 of the Act is, subject to section 20, repaid by the contributor within 30 days after being notified by the Minister of the amount to be repaid or, in the case of a person who exercised an option under section 13.01 of the Act, within 3 months after being notified by the Minister of the amount to be repaid;

• (d) any payment made to the contributor under the Retirement Compensation Arrangements Regulations, No. 1, as a result of the contributor having opted for a benefit under section 12, 13 or 13.01 of the Act, is repaid by him or her to the Retirement Compensation Arrangements Account established under the Special Retirement Arrangements Act within the same time limits as provided for the repayment of the benefit under paragraph (c); and

• (e) in the case of a person who seeks to revoke an option for a benefit under section 13.01 of the Act based on having received erroneous or misleading information in respect of the amount of any benefit under section 12, 13, or 13.01 of the Act, the information as to the amount of a benefit to which the person was entitled was at least 5 % different from the actual amount of that benefit.