Canadian Forces Superannuation Regulations
13 (1) An election under Part I of the Act to pay for a period of service may be revoked by the elector,
(a) as to payments made and to be made for the period of service mentioned in the election, if the contributor received erroneous or misleading information in writing, with respect to the amount to be paid or the consequences of the election on their benefits, from a person whose normal duties include giving information about those matters, and the contributor, in making the election, acted on that information; or
(b) as to payments to be made for the period of service mentioned in the election, if the contributor establishes that financial hardship will be caused to them if they are required to continue to make the payments.
(1.1) A revocation that relates only to a portion of the period of service may only apply to the portion of the period of service that is earliest in point of time.
(2) If a contributor revokes their election under paragraph (1)(b), they must pay to His Majesty an amount in respect of any benefit that accrued to them during the subsistence of the election as a consequence of that election, calculated in accordance with Canadian Life Table No. 2 (1941), Males or Females, as the case may be, together with interest at the rate of 4% per annum.
(3) [Repealed, SOR/2025-256, s. 13]
(4) If a contributor has revoked their election in whole or in part, and has paid any amount for the period of service in respect of which they revoked the election, that amount is to be applied in payment of the amount, if any, that they are required to pay under subsection (2) and
(a) in the case of a contributor who has revoked the election in whole under paragraph (1)(a), the remainder of the amount, if any, is to be refunded to them; and
(b) in any other case, the remainder of the amount, if any, is to be applied towards the payment for the portion of the period of service mentioned in the election that has not been revoked, calculated in accordance with these Regulations, and any amount that remains is to then be refunded to them.
(5) If a contributor has revoked their election in whole or in part and is required to pay any further payments, they must make those payments in the amount and manner that the Minister determines and the amount is to be applied in payment of the amount that they are required to pay under subsection (2), if it has not already been paid, and the remainder of the amount, if any, is to be applied towards the payment for the portion of the period of service mentioned in the election that has not been revoked, calculated in accordance with these Regulations.
(6) The amount required to be paid by the contributor under subsection (2) may be recovered on behalf of His Majesty as a debt due to the Crown from any benefit that is or may become payable under the Act to or in respect of the contributor, without prejudice to any other recourse available to His Majesty with respect to the recovery of that amount.
(7) A request for revocation of an election to pay for service under this section shall be made in writing, dated and signed and sent to the Minister, or to a person designated by the Minister, within one week after the date that it bears.
(8) [Repealed, SOR/2025-256, s. 13]
(9) A contributor may revoke, in whole or in part, an election not to count a period of service as pensionable service under subsection 11(2.1) if the contributor received erroneous or misleading information in writing, with respect to the amount to be paid or the consequences of the election on their benefits, from a person whose normal duties include giving information about those matters, and the contributor, in making the election, acted on that information.
- SOR/83-263, s. 4
- SOR/92-717, ss. 8(F), 10
- SOR/95-569, s. 3
- SOR/95-570, s. 12(F)
- SOR/2001-76, s. 2
- SOR/2016-64, ss. 14, 55(E), 57(E)
- SOR/2025-256, s. 13
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