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Canadian Forces Superannuation Act

Version of section 25.1 from 2003-01-01 to 2007-02-28:


Marginal note:Election for former contributors

  •  (1) Where a contributor who is entitled to an annuity under this Act has a spouse and the spouse would not be entitled to an immediate annual allowance under any other provision of this Act in the event of the contributor’s death, the contributor may, subject to the regulations, elect to reduce the amount of the annuity to which the contributor is entitled in order that the spouse could become entitled to an immediate annual allowance under subsection (3).

  • Marginal note:Reduction of annuity

    (2) If a contributor makes an election under subsection (1), the amount of the annuity to which the contributor is entitled shall be reduced in accordance with the regulations but the actuarial present value of both the reduced annuity and the immediate annual allowance to which the spouse could become entitled under subsection (3) may not be less than the actuarial present value of the annuity to which the contributor is entitled immediately before the reduction is made.

  • Marginal note:Payment to surviving spouse

    (3) Where a contributor who has made an election under subsection (1) dies and the election is not deemed to be revoked under subsection (4), the person, if any, who was the spouse of the contributor both at the time of the election and at the time of death is entitled to an immediate annual allowance in an amount determined in accordance with the election and the regulations.

  • Marginal note:Revocation

    (4) If a contributor who makes an election under subsection (1) is subsequently re-enrolled in or transferred to the regular force and required by section 5 to contribute to the Superannuation Account or the Canadian Forces Pension Fund, the election is deemed to be revoked at the time determined in accordance with the regulations.

  • Marginal note:Section 29 does not apply

    (5) Section 29 does not apply in respect of a person referred to in subsection (3).

  • 1992, c. 46, s. 42
  • 1999, c. 34, s. 134
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