Canadian Forces Superannuation Special Election Regulations (SOR/66-78)

1 These Regulations may be cited as the Canadian Forces Superannuation Special Election Regulations.

2 In these Regulations,

Act

Act means the Canadian Forces Superannuation Act; and (Loi)

contributor

contributor includes a former contributor. (contributeur)

3 These Regulations apply to a contributor under the Act who, by reason of erroneous advice that he received from a member of the Canadian Forces or person employed in the Public Service, whose ordinary duties included the giving of advice as to the election of service under the Act or Part V of the Defence Services Pension Act, failed to elect in respect of service prior to becoming a contributor under such Act within the time prescribed therein to pay for that service.

• 4 (1) A contributor described in section 3 who was at any time a contributor under the Act or Part V of the Defence Services Pension Act may elect, in respect of the service described in section 3, to count that service for the purposes of the Act whether or not he is, at the time of so electing, a member of the Canadian Forces, if he elects within one year of the day on which he is advised by the Minister of National Defence that such service may be counted by him and that election shall be deemed to have been made by him under the Act within the appropriate time prescribed in the Act.

• (2) Every election made under subsection (1) shall be in the form prescribed by the Minister of National Defence and the provisions of the Act with regard to the making of elections, except as provided in subsection (1) of this section and in paragraph (b) of subsection (2) of section 7 of the Act, shall apply mutatis mutandis to the making of such an election.

5 Where a contributor makes an election pursuant to section 4, he shall pay the contributions he would otherwise have had to pay as provided

• (a) in section 6 of the Act, as that section stood on the 1st day of March, 1960, as if he had made an election pursuant to that Act within the appropriate time prescribed in clause (B) of subparagraph (i) of paragraph (b) of section 5 or in clause (A), (B), (C), (D), (E), (F), (G), (H) or (J) of subparagraph (ii) of paragraph (b) of section 5 of the Act, or

• (b) in subsection (2) of section 48 of the Defence Services Pension Act as that section stood immediately before the coming into force of the Canadian Forces Superannuation Act, as if he had made an election pursuant to section 48 of that Act within the appropriate time prescribed,

as applicable.

• 6 (1) Where a contributor described in section 3 has, following the receipt of erroneous advice, made an election pursuant to clause (K) of subparagraph (ii) of paragraph (b) of section 5 of the Act or pursuant to subsection (2a) of section 48 of the Defence Services Pension Act for a period of service described in section 3, that election shall be deemed to have been made by him pursuant to the appropriate statutory provision under which he might have so elected immediately following the receipt of the erroneous advice, and within the time prescribed in that statutory provision or Order in Council for the making of such an election and an appropriate adjustment, by refund or by reduction in the number of instalments, shall be made in respect of the contributions required by reason of his election under the Act.

• (2) For the purpose of calculating a refund or reduction to be made pursuant to subsection (1), an election described in that subsection shall be deemed to have been made pursuant to section 4.