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) In respect of members of the reserve force referred to in paragraph 8.1(1)(c) and in subsection 8.1(3), subsection 41(1) of the Act is 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, except that

  • (a) if, on subsequently ceasing to be considered to be a member of the regular force, they are not entitled under this Act to any benefit other than a return of contributions, the amount so returned shall not include any amount paid into the Superannuation Account or the Canadian Forces Pension Fund to their credit at any time before the time that they were considered to be a member of the regular force, and whatever right or claim that, but for this subsection, they would have had to their most recent annuity or annual allowance on subsequently ceasing to be considered to be a member of the regular force shall be restored to them; and

  • (b) if, on subsequently ceasing to be considered to be a member of the regular force, they are entitled under this Act to an annuity or annual allowance the capitalized value of which is less than the capitalized value of the most recent annuity or annual allowance to which they were entitled, in lieu of any other benefit under this Act, whatever right or claim that, but for this subsection, they would have had to their most recent annuity or annual allowance on subsequently ceasing to be considered to be a member of the regular force shall be restored to them, and there shall be paid to them an amount equal to their contributions under this Act made in respect of the period of their service in the reserve force after the time that they were most recently considered to be a member of the regular force.