Canadian Forces Superannuation Regulations

8.1 (1) Despite subsection 41(3) of the Act, a member of the reserve force is considered to be a member of the regular force for the purposes of Part I of the Act, except for paragraph 16(2)(a), and these Regulations

• (a) on March 1, 2007 if,

  • (i) on that date, the member is not a person required to contribute to the Public Service Pension Fund or the Royal Canadian Mounted Police Pension Fund,

  • (ii) on that date, the member does not have any pensionable service to their credit under Part I of the Act,

  • (iii) on that date, the member’s total number of days of Canadian Forces service during any period of 60 months beginning on or after April 1, 1999 was no less than 1,674, and

  • (iv) during the first month of the period, the member already was or became a member of the Canadian Forces and remained a member, without any interruption of more than 60 days, until March 1, 2007;

• (b) on the first day of the month in which the member would, despite subsection 4(4) of the Reserve Force Pension Plan Regulations, have become a participant in accordance with subsection 4(2) of those Regulations if the member is a person in respect of whom the payment of a transfer value has been effected under subsection 22(2) of the Act;

• (c) subject to subsection (3), on the day on which they become entitled to receive salary as a member of the reserve force if the member is a contributor who is entitled to a deferred annuity or is in receipt of an annuity or annual allowance under Part I of the Act; or

• (d) in any other case, on the first day of the month following a period of 60 months ending after March 1, 2007 if

  • (i) the member’s total number of days of Canadian Forces service during the period was no less than 1,674,

  • (ii) the member already was or became a member of the Canadian Forces during the first month of the period and remained a member of the Canadian Forces throughout the period without any interruption of more than 60 days, and

  • (iii) the member does not have any pensionable service to their credit under Part I of the Act.

(2) If the member is a person who is required to contribute to the Public Service Pension Fund or the Royal Canadian Mounted Police Pension Fund

• (a) on March 1, 2007, then the reference in paragraph (1)(a) to “March 1, 2007” is to be read as a reference to the first day after the member ceases to contribute to the fund;

• (b) on the first day of the month referred to in paragraph (1)(b) or (d), then that first day is the first day of the first month after the member ceases to contribute to the fund; and

• (c) on the day referred to in paragraph (1)(c), then that day is the first day after the member ceases to contribute to the fund.

(3) A member of the reserve force who is in receipt of an annuity or annual allowance under Part I of the Act and who was a member of the regular force, other than by operation of this section, on the day on which they most recently ceased to contribute to the Canadian Forces Pension Fund or Superannuation Account is considered to be a member of the regular force for the purposes of Part I of the Act and these Regulations commencing on the earlier of

• (a) the day after the day on which the member completes one year of continuous full-time service in the reserve force, and

• (b) the day after the day on which the member exercises an early contribution option.