Canadian Forces Superannuation Regulations (C.R.C., c. 396)

27. For the purposes of section 53 of the Act, any debit balance in the pay account of a former member of the regular force shall be recovered

• (a) from any return of contributions or cash termination allowance to which he is entitled, in a lump sum; or

• (b) from any annuity to which he is entitled, by monthly instalments in an amount equal to 10 per cent of his net monthly annuity, or by monthly instalments in an amount equal to such greater percentage of the net monthly annuity, not exceeding 50 per cent, as may be fixed by the Minister, where the debit balance has resulted directly or indirectly from

  • (i) the theft or fraudulent obtaining of public or non-public funds by the former member, or

  • (ii) an overpayment of pay and allowances that the former member fraudulently obtained or knowingly accepted.

• 27.1 (1) When a contributor exercises an option under subsection 18(1) or 19(1) of the Act, section 67 of An Act to amend the Canadian Forces Superannuation Act and to make consequential amendments to other Acts, being chapter 26 of Statutes of Canada, 2003, or section 8.2 or 16.8 of these Regulations, or makes a top-up election under section 14.2 of these Regulations, it is valid only if it is

  • (a) exercised or made in writing, and signed and dated by the contributor; and

  • (b) sent to the Minister within one week after the date that it bears.

• (2) The option is exercised and the election is made on the date that it bears, except that an option exercised under subsection 19(1) of the Act before or on the day on which the contributor ceases to be a member of the regular force is exercised on the day after the day on which the contributor ceases to be a member of the regular force.

• (3) The date of the sending of the option or election is the day on which it is delivered or, if it is sent by mail, the day on which it is mailed, and the date of the postmark is evidence of that day.

• (4) A top-up election may be made only while the contributor is a member of the regular force.

27.2 In respect of a member of the reserve force who is a contributor and who makes an election under any of clauses 6(b)(ii)(A) to (F) and (I) to (L) of the Act and 6(b)(ii)(G) and (H) of the Act, as adapted by subsection 12.2(2) of these Regulations, or under subsection 41(4) of the Act, subsection 8(1) of the Act is adapted as follows:

• 8. (1) When a contributor makes an election under any of clauses 6(b)(ii)(A) to (F) and (I) to (L) and 6(b)(ii)(G) and (H), as adapted by subsection 12.2(2) of the Canadian Forces Superannuation Regulations, or under subsection 41(4), it is valid only if it is

  • (a) made in writing, and signed and dated by the contributor; and

  • (b) sent to the Minister within one week after the date that it bears.

• (1.1) The election is made on the date that it bears.

• (1.2) The date of the sending of the election is the day on which it is delivered or, if it is sent by mail, the day on which it is mailed, and the date of the postmark is evidence of that day.

• (1.3) The election may be made only while the contributor is a member of the regular force.