Public Service Superannuation Act

Marginal note:Where employment ceases voluntarily

• 16 (1) Where an air traffic controller employed in operational service on or after April 1, 1976 ceases voluntarily to be employed in that service, the following provisions apply:

  • (a) if he ceases to be so employed having reached fifty years of age and having to his credit twenty-five years or more of operational service that is pensionable service, he is entitled, at his option on ceasing to be employed in the public service, to an immediate annuity in respect of that service in lieu of any benefit under subsection 13(1) in respect of that service; or

  • (b) if he ceases to be so employed having reached forty-five years of age and having to his credit twenty years or more of operational service that is pensionable service, he is entitled, at his option on ceasing to be employed in the public service, to an annual allowance in respect of that service in lieu of any benefit under subsection 13(1) in respect of that service, payable immediately on his exercising his option, equal to the amount of the deferred annuity that would be payable under subsection 13(1) in respect of that operational service reduced by the product obtained by multiplying five per cent of the amount of that annuity by the greater of

    • (i) fifty minus his age in years, to the nearest one-tenth of a year, at the time he exercises his option, and

    • (ii) twenty-five minus the number of years, to the nearest one-tenth of a year, of that operational service to his credit.

• Marginal note:Deemed exercise of option

  (2) Where, under paragraph (1)(a), an air traffic controller is entitled at his option to an immediate annuity, he shall be deemed to have exercised his option under that paragraph in favour of an immediate annuity if he fails within one year from the time he became so entitled to exercise an option under subsection 13(1) in respect of the same service.