Canadian Forces Superannuation Regulations

8.3 (1) A contributor who is a member of the reserve force ceases to be considered to be a member of the regular force for the purposes of Part I of the Act and these Regulations on the earlier of

• (a) the day on which the contributor ceases to be a member of the Canadian Forces, and

• (b) the last day of a period of 12 months in respect of which they were not entitled to receive salary.

(2) With respect to a member of the reserve force referred to in paragraph 8.1(1)(c) or subsection 8.1(3), subsections 41(1) and (2) of the Act are adapted as follows:

• 41 (1) If a member of the reserve force referred to in paragraph 8.1(1)(c) or subsection 8.1(3) of the Canadian Forces Superannuation Regulations is considered to be a member of the regular force and becomes a contributor under this Part, any right or claim that they may have had to the annuity or annual allowance referred to in that paragraph or subsection then ceases and the period of service on which that annuity or annual allowance was based may be counted by them as pensionable service for the purposes of this Part.

• (2) If, on subsequently ceasing to be considered to be a member of the regular force, a contributor referred to in subsection (1) is entitled under this Part, in place of any other benefit under this Part and Part III to which they would otherwise be entitled, to an annuity or annual allowance the capitalized value of which is less than that of the annuity or annual allowance referred to in that subsection, the right or claim that they would have had, but for this section, to the annuity or annual allowance referred to in that subsection must be restored to them, and they must be paid an amount equal to their contributions under this Act in respect of the period of their service in the regular force or reserve force after the time that they were most recently considered to be a member of the regular force.