Public Service Superannuation Act

Marginal note:Option

• 22 (1) If an air traffic controller who is receiving an annuity or an annual allowance under section 16 or subsection 17(1) or (5) is required to contribute to the Superannuation Account or the Public Service Pension Fund on being re-employed in the public service

  • (a) in operational service, any right or claim he may have had to the annuity or annual allowance shall forthwith be terminated and the period of service on which that benefit was based shall be counted by that person as pensionable service for the purposes of subsection 6(1); and

  • (b) in service other than operational service, any right or claim he may have had to the annuity or annual allowance shall forthwith be terminated and

    • (i) if he elects to retain that benefit, any right or claim that he would have had to that benefit shall be restored to him on ceasing to be so re-employed, or

    • (ii) if he does not elect to retain that benefit, the period of service on which that benefit was based shall be counted by that person as pensionable service for the purposes of subsection 6(1).

• Marginal note:Idem

  (2) Where a contributor referred to in subsection (1), on ceasing to be re-employed in the public service, exercises his option under this Part in favour of a return of contributions, or is not entitled under this Part to any benefit other than a return of contributions,

  • (a) the amount so returned shall not include any amount paid into the Superannuation Account or the Public Service Pension Fund to his or her credit at any time before the time when he or she became so re-employed; and

  • (b) the benefit referred to in subsection (1) shall be restored to him or her.