Marginal note:Ineligibility

• 62. (1) Notwithstanding anything in this Part, the expression “participant” does not include

  • (a) a person employed in the public service on July 1, 1954, or

  • (b) a person who is a member of the regular force on July 1, 1954,

  if that person, on or before November 1, 1954, in such manner and form as the regulations prescribe, has elected not to come under this Part.

• Marginal note:Election irrevocable

  (2) An election made under this section is irrevocable.

• Marginal note:Application

  (3) Subsection (1) applies only to a person described therein who

  • (a) on August 14, 1956 was employed in the public service or was a member of the regular force and has thereafter continued to be so employed or to be such a member substantially without interruption; or

  • (b) on August 14, 1956 was not employed in the public service and was not a member of the regular force, but since the time when he last ceased to be so employed or to be such a member prior to August 14, 1956 he continued to be employed in the public service or to be a member of the regular force substantially without interruption.

• Marginal note:Election deemed valid

  (4) Where a person who

  • (a) was employed in the public service on July 1, 1954, and

  • (b) had not, before April 1, 1965, made any contributions under section 53

  made an election under subsection (1) in purported compliance therewith that was invalid by reason only that the person was not, on July 1, 1954, a participant within the meaning of this Part, that election shall be deemed to have been made validly under and in accordance with subsection (1).

Marginal note:Double payment avoided

63. Notwithstanding anything in this Part, no benefit is payable in respect of a deceased participant where ex gratia compensation in lieu of a benefit has been approved by the Governor in Council in respect of that deceased participant.

Marginal note:Definitions

64. In this Part,

“contributor”

“contributor”[Repealed, 1999, c. 34, s. 107]

“pension”

« pension »

“pension” means any pension, annual allowance or annuity payable under Part I;

“recipient”

« prestataire »

“recipient” means a person who is in receipt of a pension, but does not include a person who is in receipt of an immediate annuity or annual allowance under section 16 or 24.2 unless

• (a) that person has reached sixty years of age,

• (b) that person, if not having reached sixty years of age, is in receipt of that immediate annuity or annual allowance by reason of being disabled, or

• (c) that immediate annuity or annual allowance is based on a number of years of operational service, as defined in section 15 or 24.1, as the case may be, that is pensionable service and that pensionable service consists of not less than

  • (i) twenty-six years of pensionable service, in the case of a person who has reached fifty-nine years of age but has not reached sixty years of age,

  • (ii) twenty-seven years of pensionable service, in the case of a person who has reached fifty-eight years of age but has not reached fifty-nine years of age,

  • (iii) twenty-eight years of pensionable service, in the case of a person who has reached fifty-seven years of age but has not reached fifty-eight years of age,

  • (iv) twenty-nine years of pensionable service, in the case of a person who has reached fifty-six years of age but has not reached fifty-seven years of age, or

  • (v) thirty years of pensionable service, in the case of a person who has reached fifty-five years of age but has not reached fifty-six years of age.