Canadian Forces Superannuation Regulations

13 (1) An election made by a contributor under the Act to pay for a period of service may be revoked by the contributor in whole or in part, on request by the contributor,

• (a) as to payments made and to be made for the period of service mentioned in the election, if the contributor received erroneous or misleading information in writing, with respect to the amount to be paid or the consequences of the election on their benefits, from a person whose normal duties include giving information about those matters, and the contributor, in making the election, acted on that information; or

• (b) as to payments to be made for the period of service mentioned in the election, if the contributor establishes that financial hardship will be caused to them if they are required to continue to make the payments.

(1.1) A revocation that relates only to a portion of the period of service may only apply to the portion of the period of service that is earliest in point of time.

(2) If an election made by a contributor is revoked for the reason referred to in paragraph (1)(b), the contributor shall pay to Her Majesty an amount in respect of any benefit that accrued to the contributor during the subsistence of the election as a consequence of the election, calculated in accordance with Canadian Life Table No. 2 (1941), Males four per cent or Females four per cent, as the case may be.

(3) Any payment made by a contributor under subsection (2) in respect of any benefit accruing to them during the subsistence of an election made under the Act that they revoked under subsection (1) for a reason referred to in paragraph (a) thereof prior to December 4, 1969, shall be refunded to that contributor.

(4) Where an election of a contributor is revoked, in whole or in part pursuant to subsection (1) and the contributor has paid any amount pursuant to the election, the amount so paid shall be applied, firstly, in payment of the amount required to be paid by the contributor under subsection (2), and the remainder of the amount, if any, shall be applied as follows:

• (a) if the contributor has revoked the election in whole under paragraph (1)(a), the remainder of the amount shall be refunded to them; and

• (b) in any other case, the remainder of the amount shall be applied towards the payment for that portion of the period of service mentioned in the election that has not been revoked, calculated in accordance with the provisions of the Act and these Regulations, and if any of the said amount remains thereafter, it shall be refunded to the contributor.

(5) Where the election of a contributor is revoked in whole or in part pursuant to subsection (1) and further payments are required to be made by them, they shall make those payments in such amount and in such manner as the Minister determines and the payments shall be applied, firstly, in payment of the amount required to be paid by the contributor under subsection (2), if that amount has not already been paid, and the remainder of the payments, if any, shall be applied towards the payment for that portion of the period of service mentioned in the election that has not been revoked, calculated in accordance with the provisions of the Act and these Regulations.

(6) The amount required to be paid by a contributor under subsection (2) may be recovered on behalf of Her Majesty as a debt due to the Crown from any benefit payable under the Act to or in respect of the contributor, without prejudice to any other recourse available to Her Majesty with respect to the recovery thereof.

(7) A request for revocation of an election to pay for service under this section shall be made in writing, dated and signed and sent to the Minister, or to a person designated by the Minister, within one week after the date that it bears.

(8) Where an election to pay for a period of service is revoked by a contributor pursuant to subsection (1), it shall be considered, for the purposes of a future election to pay for that period of service, to be an election as contemplated by clause 6(b)(ii)(K) of the Act.

(9) A contributor may revoke, in whole or in part, an election not to count a period of service as pensionable service under subsection 11(2.1) if the contributor received erroneous or misleading information in writing, with respect to the amount to be paid or the consequences of the election on their benefits, from a person whose normal duties include giving information about those matters, and the contributor, in making the election, acted on that information.