Canadian Forces Superannuation Regulations

45 (1) Subject to subsections (2) and (3), every elective participant, other than a participant who has made an election under section 64 of the Act, who, on ceasing to be a member of the regular force, is entitled to an immediate annuity under Part I of the Act, shall contribute $0.05 each month for every $250 of the salary of the participant at the time the participant ceases to be a member.

(2) The salary in respect of which a contribution is calculated under subsection (1) is reduced by 10 per cent for each year in excess of 60 years of age that is attained by the participant, except that such a reduction may not reduce the salary to less than $2,500.

(3) The contribution required under subsection (1) in respect of a participant who is 65 years of age or older is reduced by $0.50 per month, effective on the later of

• (a) December 1, 1992, and

• (b) the April 1 or October 1 that follows the day on which the participant attains 65 years of age, whichever is earlier.

(4) Subject to subsection (5), a participant who contributed under subsection (1) during the period beginning on October 5, 1992 and ending on November 30, 1992 shall, in respect of the period beginning on December 1, 1992 and ending on March 31, 1993, contribute one half of the amount determined under subsection (1).

(5) The contribution required under subsection (4) is reduced by $0.25 per month in respect of a participant who attained 65 years of age before October 1, 1992.

(6) An elective participant who, on ceasing to be a member of the regular force, is entitled to an immediate annuity under Part I of the Act and who makes an election under section 64 of the Act shall contribute $0.50 per month until the participant attains 65 years of age.

(7) Every elective participant who, on ceasing to be a member of the regular force, was not or is not entitled to an immediate annuity under Part I of the Act, shall contribute, for every $2,000 of the basic benefit of the participant

• (a) during any period in which neither an annuity under Part I of the Act nor a pension under the Defence Services Pension Continuation Act is payable to the participant, the amount set out in Part I of Schedule I; and

• (b) during any period in which an annuity under Part I of the Act or a pension under the Defence Services Pension Continuation Act is payable to the participant, the amount set out in Part II of Schedule I.

(8) An elective participant referred to in subsection (7), other than a participant who made an election under section 64 of the Act, who, during the period beginning on October 5, 1992 and ending on November 30, 1992, paid monthly contributions in accordance with Schedule I, shall, in respect of the period beginning on December 1, 1992 and ending on March 31, 1993, contribute one half of the amount set out in Part II of Schedule I.

(9) Contributions payable under paragraph (7)(a) shall be paid in a lump sum, in advance,

• (a) in respect of a participant who ceased to be a member of the regular force before November 1, 1992, each year on or before the thirtieth day after the anniversary of the day on which the participant ceased to be a member of the regular force; and

• (b) in respect of a participant who ceases to be a member of the regular force on or after November 1, 1992, on or before the thirtieth day after the day on which the participant ceases to be a member of the regular force and, in each succeeding year, on or before the thirtieth day after the anniversary of the day on which the participant ceased to be a member of the regular force.

(10) Where the consent of the Treasury Board is required before an annuity may be paid under the Act, or before a pension may be paid under the Defence Services Pension Contribution Act, to an elective participant and the Treasury Board does not consent,

• (a) the first contribution payable under paragraph (7)(a) is payable by the participant on the thirtieth day after the day of the Treasury Board decision; and

• (b) each subsequent contribution is payable by the participant on the thirtieth day after the anniversary of the day on which the participant ceased to be a member of the regular force.

(11) Contributions payable under subsections (1), (4) and (6) and paragraph (7)(b) shall be paid by reservation from the annuity or pension referred to in those subsections or that paragraph, as the case may be.

(12) Where a person who is an elective participant has paid a contribution under Part II of the Act in respect of a period longer than one month and, before the expiration of that period, the person becomes, under the Act or under Part II of the Public Service Superannuation Act, a participant other than an elective participant, there shall be refunded to the participant an amount equal to the fraction of the last contribution paid, of which

• (a) the numerator is the number of complete calendar months remaining until the participant’s next contribution would have been payable if the participant had continued to be an elective participant; and

• (b) the denominator is the total number of calendar months in respect of which the contribution was paid by the participant.