Canadian Forces Superannuation Act

Marginal note:Computation of length of service

• 23 (1) For the purposes of subsection 18(1) and subparagraphs 18(2)(c)(ii) and (iii) and paragraph 18(2)(d), there shall be included in computing the length of service of a contributor in the regular force,

  • (a) any period of service described in clause 6(b)(ii)(C) or (D), and any period of service described in clause 6(b)(ii)(G) in a theatre of active operations as defined by the regulations, that the contributor was entitled to count as pensionable service for the purposes of this Act; and

  • (b) any period of service that he was entitled to count as pensionable service pursuant to section 43.

• Marginal note:Service not countable

  (2) For the purposes of this section and sections 16 to 22, there shall not be included in computing the length of service of a contributor in the regular force any period of service in respect of which he was paid a return of contributions or other lump sum payment under this Part or Part V of the former Act and for which he did not subsequently elect to pay.

• Marginal note:Time in which options may be exercised

  (3) A contributor may exercise his option in favour of a benefit under sections 16 to 22 at any time within the period commencing one year before such time as he becomes entitled thereto and ending one year after the time he became so entitled.

• Marginal note:Failure to exercise option

  (4) Where a contributor

  • (a) fails to exercise any option under sections 16 to 22 within the period described in subsection (3), he shall be deemed to have exercised it in favour of a deferred annuity; and

  • (b) becomes a contributor under the Public Service Superannuation Act or the Royal Canadian Mounted Police Superannuation Act without having exercised or been deemed to have exercised any option under this section and sections 16 to 22, he shall be deemed to have exercised his option immediately before becoming a contributor under that Act in favour of a deferred annuity.