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Canadian Forces Superannuation Act

Version of section 43 from 2003-01-01 to 2005-03-31:


Marginal note:Election

  •  (1) Any person who becomes a contributor under this Act, having been employed in the Public Service but not having become entitled to an annuity or annual allowance under the Public Service Superannuation Act, or having been a member of the Royal Canadian Mounted Police but not having become entitled to an annuity or annual allowance under the Royal Canadian Mounted Police Superannuation Act, is entitled to count as pensionable service for the purposes of this Act any period of service in the regular force or any period of service described in section 6, that, under the Public Service Superannuation Act or the Royal Canadian Mounted Police Superannuation Act, as the case may be, he was entitled to count for pension purposes, if he elects, within one year of becoming a contributor under this Act, to pay for that service.

  • Marginal note:Amount to be paid

    (2) The amount required by this Act to be paid by a person described in subsection (1) for the service described in that subsection is

    • (a) in the case of service for which, by the Public Service Superannuation Act or the Royal Canadian Mounted Police Superannuation Act, as the case may be, he was required to pay, any amount by which

      • (i) the total amount required by that Act to be paid by him for that service,

      exceeds

      • (ii) the total amount actually paid by him for that service, minus any amount paid to him under that Act at any time before the making of the election,

      together with simple interest at four per cent per annum on any amount paid to him under that Act at any time before the making of the election, from the time when the payment was made until the time of making the election; or

    • (b) in the case of service for which, by the Public Service Superannuation Act or the Royal Canadian Mounted Police Superannuation Act, as the case may be, he was not required to pay, an amount equal to the amount that he would have been required to pay had he, during the period of that service, been required to contribute

      • (i) where that period or any portion thereof was prior to 1966, in the manner and at the rate set forth in subsection 5(1) as it read on December 31, 1965, in respect of that period or that portion thereof,

      • (ii) where that period or any portion thereof was after 1965 and prior to April 1, 1969, in the manner and at the rate set forth in subsection 5(1) as it read immediately prior to April 1, 1969, in respect of that period or that portion thereof, and

      • (iii) where that period or any portion thereof was after March 31, 1969, in the manner and at the rates set forth in subsection 5(1) in respect of that period or that portion thereof,

      in respect of pay equal to the pay authorized to be paid to him on the most recent occasion on which he became a contributor under this Act, together with interest, as defined in subsection 7(2).

  • R.S., c. C-9, s. 21
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