Canadian Forces Superannuation Regulations

16.93 (1) The calculation of the accrued pension benefits shall be based on the pensionable service to the contributor’s credit on the day after the day on which they cease to be a member of the regular force and the pensionable service shall include only the portion of the pensionable service that is subject to an election — other than a pensionable earnings election or an election under clauses 6(b)(ii)(G) and (H) of the Act, as adapted by subsection 12.2(2) — for which the contributor has paid or ought to have paid before the date of the option.

(2) For the purposes of the calculation of the accrued pension benefits, the calculation of the adjustment referred to in section 16.6 is subject to the following rules:

• (a) if the pensionable service to the contributor’s credit includes pensionable service that was subject to a pensionable earnings election or an election under clauses 6(b)(ii)(G) and (H) of the Act, as adapted by subsection 12.2(2) of these Regulations, the contributor is considered to have opted at the time of the election to pay a lesser amount corresponding to the payments in respect of the election that were made or ought to have been made on or before the date of the option for the payment of a transfer value;

• (b) if the contributor has made a top-up election under section 14.2, the contributor is considered to have opted at the time of the election to pay a lesser amount corresponding to the payments in respect of the top-up election that were made or ought to have been made on or before the date of the option for the payment of a transfer value; and

• (c) if the top-up election was made in respect of pensionable service that came to the contributor’s credit under a pensionable earnings election, for the purposes of calculating the full amount referred to in paragraph 14.6(3)(b) in respect of the pensionable earnings election, the proportion referred to in the description of E in that paragraph is calculated on the basis that the contributor opted for a lesser amount, at the time of the pensionable earnings election, equal to the amount referred to in paragraph (a).