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Canadian Forces Superannuation Regulations

Version of section 13 from 2006-03-22 to 2016-03-28:

  •  (1) An election made by a contributor under the Act to pay for a period of service may, with the approval of the Minister, be revoked by the contributor in whole or in part

    • (a) as to payments made and to be made for the period of service mentioned in the election, if the contributor received erroneous information, or misleading information in writing, from a member of the regular force or a person employed in the Public Service who normally gives information as to the amount required to be paid under the Act for service, and the contributor, in making the election, honestly acted upon that erroneous or misleading information, or

    • (b) as to payments to be made for the period of service mentioned in the election, if undue financial hardship, that was unforeseen by the contributor at the time he made the election, may be caused to him if he is required to continue to pay for that period of service,

    provided that, where part of a period of service is revoked, only that part that is earliest in point of time may be revoked under this section.

  • (2) Where an election made by a contributor is revoked under subsection (1) for the reason referred to in paragraph (b) thereof, the contributor shall pay to Her Majesty such amount in respect of any benefit that accrued to him during the subsistence of the election as a consequence of his having elected, as the Minister determines in accordance with Canadian Life Table No. 2 (1941), Males four per cent or Females four per cent, as the case may be.

  • (3) Any payment made by a contributor under subsection (2) in respect of any benefit accruing to him during the subsistence of an election made under the Act that he revoked under subsection (1) for a reason referred to in paragraph (a) thereof prior to December 4, 1969, shall be refunded to that contributor.

  • (4) Where an election of a contributor is revoked, in whole or in part pursuant to subsection (1) and the contributor has paid any amount pursuant to the election, the amount so paid shall be applied, firstly, in payment of the amount required to be paid by the contributor under subsection (2), and the remainder of the amount, if any, shall be applied as follows:

    • (a) if the contributor has revoked the election in whole under paragraph (1)(a), the remainder of the amount shall be refunded to him; and

    • (b) in any other case, the remainder of the amount shall be applied towards the payment for that portion of the period of service mentioned in the election that has not been revoked, calculated in accordance with the provisions of the Act and these Regulations, and if any of the said amount remains thereafter, it shall be refunded to the contributor.

  • (5) Where the election of a contributor is revoked in whole or in part pursuant to subsection (1) and further payments are required to be made by him, he shall make those payments in such amount and in such manner as the Minister determines and the payments shall be applied, firstly, in payment of the amount required to be paid by the contributor under subsection (2), if that amount has not already been paid, and the remainder of the payments, if any, shall be applied towards the payment for that portion of the period of service mentioned in the election that has not been revoked, calculated in accordance with the provisions of the Act and these Regulations.

  • (6) The amount required to be paid by a contributor under subsection (2) may be recovered on behalf of Her Majesty as a debt due to the Crown from any benefit payable under the Act to or in respect of the contributor, without prejudice to any other recourse available to Her Majesty with respect to the recovery thereof.

  • (7) A request for revocation of an election to pay for service under this section shall be in Form CFSA 107 (Revocation of Election to Pay for Prior Pensionable Service) and shall be forwarded to a commanding officer or other authority designated by the Minister within 30 days of the making thereof.

  • (8) Where an election to pay for a period of service is revoked by a contributor pursuant to subsection (1), it shall be considered, for the purposes of a future election to pay for that period of service, to be an election as contemplated by clause 6(b)(ii)(K) of the Act.

  • (9) A contributor may revoke, in whole or in part, an election not to count a period of service as pensionable service under subsection 11(2.1) if the contributor received erroneous or misleading information, in writing, from a member of the Canadian Forces or a person employed in the Public Service whose ordinary duties included the provision of information related to the Act and the contributor acted upon that information in making the election.

  • SOR/83-263, s. 4
  • SOR/92-717, ss. 8(F), 10
  • SOR/95-569, s. 3
  • SOR/95-570, s. 12(F)
  • SOR/2001-76, s. 2
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