Public Service Superannuation Special Election Regulations (C.R.C., c. 1359)

Short Title

1 These Regulations may be cited as the Public Service Superannuation Special Election Regulations.

Interpretation

2 In these Regulations,

Act

Act means the Public Service Superannuation Act; (Loi)

Superannuation Act

Superannuation Act has the meaning assigned to that expression by the Act. (Loi sur la pension de retraite)

Application

3 These Regulations apply to a contributor under the Act who was one of a class of persons who, pursuant to erroneous advice received by one or more persons of that class, from a person in the Public Service whose ordinary duties included the giving of advice as to contributions for service under the Superannuation Act or the Act, that a period of service of such a person before or after the time he became a contributor under the Superannuation Act or the Act could be counted by him under either of those Acts without contribution by him therefor, failed to elect or failed to elect within the time prescribed therefor to pay for that service.

Election

• 4 (1) A person described in section 3, who was at any time a contributor under the Act may elect, in respect of the service described in section 3, to count that service for the purposes of the Act whether or not he is, at the time of so electing, employed in the Public Service if he elects within one year of the day on which he is advised by the President of the Treasury Board that such service may be counted by him and that election be deemed to have been made by him under the Act within the appropriate time prescribed in the Act.

• (2) Every election made pursuant to subsection (1) shall be in the form prescribed by the President of the Treasury Board and the provisions of the Act with regard to the making of elections, except as provided in subsection (1) and in section 19 of the Act, shall apply mutatis mutandis to the making of such an election.

5 Where a person makes an election pursuant to section 4, he shall pay the contribution he would otherwise have had to pay as provided in section 6 of the Act, as that section stood at the first time, immediately following the receipt of the erroneous advice at which he might have elected under the Act as if he had made such an election within the appropriate time prescribed in clause 5(1)(b)(iii)(A), (F), (G), (H), (I) or (K) of the Act.

6 Where a person described in section 3 has, following the receipt of erroneous advice, made an election pursuant to clause 5(1)(b)(iii)(K) of the Act for a period of service described in section 3 for which he might have elected,

• (a) pursuant to clause 5(1)(b)(iii)(A), (F), (G), (H) or (I) of the Act,

• (b) under the Superannuation Act, or

• (c) pursuant to clause 5(1)(b)(iii)(K) of the Act at an earlier date, but for the erroneous advice he received,

that election shall be deemed to have been made by him pursuant to the statutory provision under which he might have so elected immediately following the receipt of the erroneous advice and within the time prescribed for making that election and an appropriate adjustment, by refund or by reduction in the number of instalments, shall be made in respect of the contributions required by reason of his election under the Act; and for the purpose of calculating such refund or reduction, the election shall be deemed to have been made pursuant to section 4.

• 7 (1) A person described in section 3 to whom section 6 does not apply who would have a total period of service in excess of 35 years if the period of service described in section 3 were added to the pensionable service to his credit, may elect in the manner prescribed in section 4 in respect of the service described in section 3.

ADJUSTMENT

• (2) The President of the Treasury Board shall determine the adjustment to be made, whether by refund or otherwise, in respect of the contribution made by any person to whom subsection (1) applies, but in no case shall any contribution be made in respect of a period in excess of that described in paragraph 4(2)(a) or (b) of the Act.