Canadian Forces Superannuation Regulations

12.2 (1) For the purposes of subsection 7(1) of the Act, the kinds of periods of service for which a contributor may elect to pay are as follows:

• (a) any period of service during which they were employed in the public service on a full-time basis and were in receipt of salary and any period of service with any board, commission or corporation in, or any portion of, the federal public administration that is added to Schedule I to the Public Service Superannuation Act on or after March 1, 1960 during which they were employed on a full-time basis and were in receipt of salary;

• (b) any period of service as a member of the Royal Canadian Mounted Police;

• (c) any period of service on active service during time of war in the naval, army or air forces of His Majesty raised by Canada;

• (d) any period of service in the Canadian Army Special Force established on August 7, 1950;

• (e) any period of full-time service during time of war in the Second World War, during the period beginning on September 10, 1939 and ending on September 30, 1947, in the naval, army or air forces of His Majesty other than those raised by Canada;

• (f) any period of full-time service during time of war or otherwise in the permanent naval, army or air forces of His Majesty other than those raised by Canada, except any similar period of service that may be counted by them under paragraph (e);

• (g) any continuous period of full-time service of three months or more in the Canadian Forces or in the naval, army or air forces of His Majesty raised by Canada, other than the regular force, except any similar period of service that may be counted by them under paragraph (i);

• (h) one-fourth of any period of service in the Canadian Forces or in the naval, army or air forces of His Majesty raised by Canada, other than the regular force, during which they were liable to be called out for periodic training or duty by the Governor in Council otherwise than during an emergency, except any similar period of service that may be counted by them under paragraph (c), (g) or (i);

• (i) in the case of a member or former member of the reserve force who becomes a contributor on or after March 1, 2007, any period of service referred to in subsection (5);

• (j) any period of service that they were entitled to count as pensionable service under section 18 of the Canadian Forces Superannuation Act, chapter C-9 of the Revised Statutes of Canada, 1970, or section 12.7 of these Regulations or any other period of service in respect of which they may elect to surrender an annuity or allowance under subsection 12.9(2);

• (k) any period of service in respect of which they were entitled to be paid a return of contributions or other lump sum payment under the Act or Part V of the former Act;

• (l) any period of service under this section for which they might have elected to pay under the Act, Part V of the former Act, the Civil Service Superannuation Act, the Public Service Superannuation Act, the Royal Canadian Mounted Police Superannuation Act or any order in council made under the Canadian Forces Act, 1950, as amended by the Canadian Forces Act, 1954, but for which they failed so to elect within the prescribed time;

• (m) any period of service for which they had revoked their election to pay under subsection 13(1); and

• (n) any period of service in respect of which the contributor makes an election under subsection 9(1) of the Act.

(2) If the contributor elects to pay for a period of service of a kind referred to in subsection (1), other than paragraph (1)(j), they must do so

• (a) in the case of a period of service of a kind referred to in paragraph (1)(a) during which they were employed in the public service on a full-time basis, within one year after the day on which they became a contributor under the Act;

• (b) in the case of a period of service of a kind referred to in paragraph (1)(a) that was performed with any board, commission or corporation in, or any portion of, the federal public administration that is added to Schedule I to the Public Service Superannuation Act on or after March 1, 1960, within one year after the day on which that addition was made;

• (c) in the case of a period of service of a kind referred to in any of paragraphs (1)(b) to (h), within one year after the day on which they became a contributor under the Act;

• (d) in the case of a period of service of a kind referred to in paragraph (1)(i), during the period beginning on the day on which they become or, if the contributor ceased to contribute to the Canadian Forces Pension Fund before the end of the last period in which they were entitled to make the election, again become a contributor and ending one year after the date of the written notice advising the contributor that they have become entitled to make the election;

• (e) in the case of a period of service of a kind referred to in paragraph (1)(k), within one year after the day on which they again became, for the first time, a contributor under the Act after having received the return of contributions or payment referred to in that paragraph; or

• (f) in the case of a period of service of a kind referred to in any of paragraphs (1)(l) to (n), before they cease to be a member of the regular force.

(3) An election for any period of service of a kind referred to in paragraph (1)(i) applies to all of the contributor’s periods of service referred to in subsection (5), but only the periods that would result in a maximum of 35 years of pensionable service to the credit of the contributor are to be counted as years of pensionable service, starting with the most recent ones.

(4) A contributor who is a member or former member of the reserve force and who became a contributor on or after March 1, 2007 may not to pay for a period of service of a kind referred to in paragraph (1)(l) or (m) that is a period of service referred to in subsection (5).

(5) For the purposes of paragraph (1)(i) and subsections (3) and (4), periods of service are those that are performed in the reserve force and

• (a) in respect of which the contributor was not required to contribute to the Superannuation Account or Canadian Forces Pension Fund;

• (b) during which the contributor was not a participant under the Reserve Force Pension Plan Regulations, other than any period in the reserve force in respect of which the contributor was entitled to a return of contributions within the meaning of section 38 of those Regulations;

• (c) that the contributor is not counting as pensionable service for the purposes of, or in respect of which the payment of a transfer value or a commuted value has not been effected under, the Public Service Superannuation Act or the Royal Canadian Mounted Police Superannuation Act; and

• (d) in respect of which the contributor has not lost the right to make a pensionable earnings election.