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Canadian Forces Superannuation Regulations (C.R.C., c. 396)

Regulations are current to 2021-03-23 and last amended on 2016-06-01. Previous Versions

Benefits (continued)

Revocation of Option

  •  (1) If a contributor received erroneous or misleading information in writing with respect to the amount to be paid or the consequences on their benefits resulting from one of the following options or the following election, from a person whose normal duties include giving information about those matters, and the contributor, in exercising the option or making the election, acted on that information, the contributor may revoke it:

    • (a) an option exercised under subsection 18(1) or 19(1) of the Act, section 67 of An Act to amend the Canadian Forces Superannuation Act and to make consequential amendments to other Acts chapter 26 of the Statutes of Canada, 2003, or section 8.2 or 16.8 of these Regulations;

    • (b) an option deemed to have been exercised under subsection 23(2) or (3) of the Act; or

    • (c) a top-up election made under section 14.2.

  • (2) The contributor who revokes an option may exercise a new option under the provisions

    • (a) referred to in paragraph (1)(a); or

    • (b) that were available to the contributor on the day before the day on which the option referred to in paragraph (1)(b) was deemed to have been exercised.

  • (3) The contributor who revokes a top-up election made under section 14.2 may make a new election under that provision.

  • SOR/92-717, s. 10
  • SOR/2016-64, s. 32
  •  (1) The options and election referred to in section 23 may only be revoked if

    • (a) the contributor submits an application for revocation within 90 days after the day on which they became aware that erroneous or misleading information was received by them;

    • (b) the application for revocation is made in writing, dated and signed and sent to the Minister, or a person designated by the Minister, within one week after the date that it bears;

    • (c) the contributor establishes that, in exercising the option or making the election, they acted on the erroneous or misleading information without which they would have made a different choice of benefit or would have exercised the option or made the election at a different time;

    • (d) there is a difference of at least 5% between the actual amount of the benefit and the amount that the erroneous or misleading information had indicated that the contributor would be entitled to receive; and

    • (e) subject to section 26, any payment made to the contributor, in respect of any benefit paid to them as a consequence of the option or election that they are applying to revoke, is repaid by the contributor no later than 120 days after the date of the notice informing the contributor of the amount to be repaid.

  • (2) The contributor who exercises a new option or makes a new election shall include it with the application for revocation.

  • (3) The date of the sending of the application for revocation, and the date of the new option or the new election, if one is exercised or made, is the day on which it is delivered or, if it is sent by mail, the day on which it is mailed, and the postmark is evidence of that day.

  • SOR/86-1079, s. 2
  • SOR/92-717, s. 10
  • SOR/2016-64, s. 32

 If a new option is exercised under subsection 23(2) or a new election is made under subsection 23(3), it shall be effective on the date that

  • (a) the revoked option was exercised or the revoked election was made;

  • (b) the option would have been exercised or the election would have been made, if the contributor has established, under paragraph 24(1)(c), that they would have exercised or made it on a different date; or

  • (c) the contributor ceased to be a member of the regular force, in the case of the deemed option referred to in paragraph 23(1)(b).

  • SOR/2016-64, s. 32

 If the new option or the new election results in the payment of an annuity or annual allowance and if the repayment by the contributor of the payment referred to in paragraph 24(1)(e) within the period specified in that paragraph will cause financial hardship to the contributor, the repayment shall be made in monthly instalments deducted from the annuity or annual allowance beginning the month after the date of the notice referred to in that paragraph. The deductions shall not be less than 10% of the gross monthly amount of the annuity or annual allowance.

  • SOR/2016-64, s. 32

Debit Balances in Pay Accounts

 For the purposes of section 89 of the Act, any debit balance in the pay account of a former member of the regular force or of the reserve force shall be recovered

  • (a) from any return of contributions or a transfer value to which the former member is entitled, in a lump sum; or

  • (b) from any annuity or annual allowance to which the former member is entitled,

    • (i) by monthly instalments in an amount equal to 10% of their gross monthly annuity or allowance, or

    • (ii) by monthly instalments in an amount equal to 50% of their gross monthly annuity or allowance, if they have been convicted of an offence under the Criminal Code or the National Defence Act that led, directly or indirectly, to the debit balance.

  • SOR/92-717, s. 10
  • SOR/2016-64, s. 32

Form and Manner of Certain Elections and Options

  •  (1) When a contributor exercises an option under subsection 18(1) or 19(1) of the Act, section 67 of An Act to amend the Canadian Forces Superannuation Act and to make consequential amendments to other Acts, being chapter 26 of Statutes of Canada, 2003, or section 8.2 or 16.8 of these Regulations, or makes a top-up election under section 14.2 of these Regulations, it is valid only if it is

    • (a) exercised or made in writing, and signed and dated by the contributor; and

    • (b) sent to the Minister within one week after the date that it bears.

  • (2) The option is exercised and the election is made on the date that it bears, except that an option exercised under subsection 19(1) of the Act before or on the day on which the contributor ceases to be a member of the regular force is exercised on the day after the day on which the contributor ceases to be a member of the regular force.

  • (3) The date of the sending of the option or election is the day on which it is delivered or, if it is sent by mail, the day on which it is mailed, and the postmark is evidence of that day.

  • (4) A top-up election may be made only while the contributor is a member of the regular force.

  • SOR/2007-33, s. 12
  • SOR/2008-307, s. 13
  • SOR/2016-64, s. 53

 In respect of a member of the reserve force who is a contributor and who makes an election under any of clauses 6(b)(ii)(A) to (F) and (I) to (L) of the Act and clauses 6(b)(ii)(G) and (H) of the Act, as adapted by subsection 12.2(2) of these Regulations, or under subsection 41(4) of the Act, as adapted by section 8.4 of these Regulations, subsection 8(1) of the Act is adapted as follows:

  • 8 (1) When a contributor who is a member of the reserve force makes an election under any of clauses 6(b)(ii)(A) to (F) and (I) to (L) and clauses 6(b)(ii)(G) and (H), as adapted by subsection 12.2(2) of the Canadian Forces Superannuation Regulations, or under subsection 41(4), as adapted by section 8.4 of those Regulations, it shall be

    • (a) made in writing, and dated and signed by the contributor; and

    • (b) sent to the Minister, or to a person designated by the Minister, within one week after the date that it bears.

  • (1.1) The election is made on the date that it bears.

  • (1.2) The date of the sending of the election is the day on which it is delivered or, if it is sent by mail, the day on which it is mailed, and the postmark is evidence of that day.

  • (1.3) The election may be made only while the contributor is a member of the regular force.

  • SOR/2007-33, s. 12
  • SOR/2016-64, ss. 33, 53

Recovery of Amounts Paid in Error

  •  (1) Where an amount has been paid in error under Part I of the Act to a person on account of any annuity or annual allowance and the Minister directs that the amount be repaid by way of deductions from any subsequent payments of that annuity or annual allowance, that person shall forthwith be notified of the amount that has been paid in error and the manner in which the amount is to be recovered.

  • (2) The amount referred to in subsection (1) shall be recovered by monthly instalments deducted from any annuity or annual allowance payable to that person for a period equal to the lesser of

    • (a) the life expectancy of that person, and

    • (b) the period required to pay the amount in monthly instalments equal to 10 per cent of the gross monthly amount of the annuity or annual allowance

    calculated as of the date of the Minister’s direction, in accordance with Canadian Life Table Number 2 (1941), Males or Females, as the case may be.

 
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