Public Service Superannuation Act

Marginal note:Election for leave of absence

• 5.3 (1) Subject to subsection (3), a contributor who is or has been absent from the Public Service on leave of absence without pay for a period that exceeds three months may, subject to the regulations, elect not to count as pensionable service under clause 6(1)(a)(ii)(A) that portion of the period that is in excess of three months.

• Marginal note:Contributions not required

  (2) Notwithstanding section 5, a contributor who makes an election under subsection (1) is not required to contribute to the Superannuation Account or the Public Service Pension Fund under that section in respect of the portion of the period to which the election relates.

• Marginal note:Exception

  (3) A contributor is not entitled to make an election under subsection (1) if

  • (a) the period of leave of absence ended before the day on which that subsection comes into force; and

  • (b) the contributor has, before that day, made all of the contributions that are required to be made by the contributor to the Superannuation Account in respect of that period.

• Marginal note:Transitional

  (4) A contributor who makes an election under subsection (1) in respect of a period of leave of absence that ended before the day on which that subsection comes into force and who has, before that day, made some but not all of the contributions that are required to be made by the contributor to the Superannuation Account in respect of that period shall, at the time the election is made, cease to be required to make any further contributions to the Superannuation Account in respect of that period and shall count as pensionable service under clause 6(1)(a)(ii)(A) such portion of that period as is prescribed by the regulations.