Canadian Forces Superannuation Act

Marginal note:Persons re-enrolled or transferred

• 41 (1) If a person who has become entitled to an annuity under this Act or a pension under Part V of the former Act by virtue of having served in the regular force is re-enrolled in or transferred to the regular force and becomes a contributor under this Part, whatever right or claim that he or she may have had to that annuity or pension, in this subsection referred to as the “original annuity”, then ceases and the period of service on which the original annuity was based may be counted by him or her as pensionable service for the purposes of this Part, except that

  • (a) if, on subsequently ceasing to be a member of the regular force, he or she is not entitled under this Act to any benefit other than a return of contributions, the amount so returned shall not include any amount paid into the Superannuation Account or the Canadian Forces Pension Fund to his or her credit at any time before the time of re-enrollment in the regular force, and whatever right or claim that, but for this subsection, he or she would have had to the original annuity on subsequently ceasing to be a member of the regular force shall be restored to him or her; and

  • (b) if, on subsequently ceasing to be a member of the regular force, he is entitled under this Act to an annuity the capitalized value of which is less than the capitalized value of the original annuity, in lieu of any other benefit under this Act whatever right or claim that, but for this subsection, he would have had to the original annuity on subsequently ceasing to be a member of the regular force shall thereupon be restored to him, and there shall be paid to him an amount equal to his contributions under this Act made in respect of the period of his service in the regular force after the time of his re-enrollment.

• Marginal note:Persons deemed to have been re-enrolled or transferred

  (2) For the purposes of this Act, a person who, before the day on which this subsection comes into force, has become entitled to an annuity under this Act or a pension under Part V of the former Act by virtue of having served in the regular force and who, after having become so entitled and before that day, is enrolled in or transferred to the reserve force shall, on the expiration of any continuous period of full-time service therein of one year, commencing before the day on which this subsection comes into force, be deemed to have been re-enrolled in the regular force at the commencement of that period, and, in any such case, section 5 shall be deemed to have applied in respect of that period but nothing in this section shall be held to require the repayment by the person of such part of that annuity or pension, as during that period, the person was entitled to receive under this Act or the former Act.

• Marginal note:Deemed re-enrolment

  (3) For the purposes of this Act, a person who, after having ceased to be required by subsection 5(1) or (1.01) to contribute to the Superannuation Account or the Canadian Forces Pension Fund, is enrolled in or transferred to the reserve force shall, on the expiry of any continuous period of full-time service in the reserve force of one year, commencing on or after the day on which this subsection comes into force, be deemed to have become re-enrolled in the regular force at the end of that period.

• Marginal note:Election

  (4) A person who becomes a contributor by virtue of subsection (3) and who was in receipt of an annuity under this Act or a pension under Part V of the former Act before so becoming a contributor may, within one year after so becoming a contributor and in the manner prescribed by the regulations, elect to repay that part of the annuity or pension, as during the period described in that subsection, the person was entitled to receive under this Act or the former Act.

• Marginal note:Payment

  (5) A person who makes an election under subsection (4) shall pay into the Superannuation Account or the Canadian Forces Pension Fund, at the time and in the manner prescribed by the regulations, an amount equal to the amount of the annuity or pension that the person received under this Act or the former Act during the period described in subsection (3).