Canadian Forces Special Election Regulations

C.R.C., c. 395CANADIAN FORCES SUPERANNUATION ACT
Regulations Made Pursuant to Subsection 23(2) of the Canadian Forces Superannuation ActShort Title

1 These Regulations may be cited as the Canadian Forces Special Election Regulations.

Interpretation

2 In these Regulations,

Act
Act means the Canadian Forces Superannuation Act; (Loi)
former Act
former Act means the Defence Services Pension Act, and any other enactment of the Parliament of Canada providing for the payment of pensions to members of the forces based on length of service, other than the Act. (ancienne loi)

Application

3 These Regulations apply to every member of the forces to whom the Defence Services Pension Continuation Act applies and who, by reason of erroneous advice received from a person in the forces whose ordinary duties included the giving of advice respecting the making of elections under the Act or the former Act, failed to elect to become a contributor under the Act, Part V of the Defence Services Pension Act or Part V of the Militia Pension Act.

Election

4 (1) Subject to section 5, a member of the forces described in section 3 may elect to become a contributor under the Act if he elects within one year of the day on which he is informed by the Minister of his right so to elect.
(2) Every election made under subsection (1) shall be evidenced in writing on Form CFSA 109 set out in the schedule and the original thereof forwarded to a person designated by the Minister for the purpose within the time prescribed by subsection (1) for the making of the election.

5 A member of the forces described in section 3 who was paid a gratuity under the former Act may elect to become a contributor under the Act only on undertaking to pay an amount equal to the gratuity paid to him (which payment may be in lump sum or in instalments computed in accordance with section 14 of the Canadian Forces Superannuation Regulations, at his option), together with simple interest at four per cent per annum from the date of commencement of payment of the gratuity to the date of his election under section 4.

SCHEDULE(Section 4)

CFSA 109
Canadian Forces Superannuation Act
Election to Become a Contributor

(This form is ONLY for use by a member of the forces who is subject to the Defence Services Pension Continuation Act and who elects to become a contributor under the Canadian Forces Superannuation Act within one year of the day on which he is informed by the Minister of his right to so elect.)
PART I Election and Plan of Payment

1 I,
(Full given names followed by surname)
Service No. Rank
Ship, Unit or Station
Date of Birth Marital Status
(Day) (Month) (year)(Single, Married,  Divorced, etc.)
being a member of the forces to whom the Defence Services Pension Continuation Act applies, hereby elect to become a contributor under the Canadian Forces Superannuation Act (CFSA) this date. I understand that I am entitled to count as pensionable service any period of service that I was entitled to count for pension purposes under Part I, II or III of the former Act together with any period of service I would have been entitled to count under Part V of the Defence Services Pension Act or Part V of the Militia Pension Act and that upon the making of this election I shall be deemed to have elected to pay for that service.

2 I will make payment in the following manner (choose only ONE plan of payment and indicate choice by placing X in the appropriate block):

□ (a) by lump sum payment from personal funds or DVA Re-establishment Credit; OR
□ (b) by lump sum payment in partial settlement of arrears from personal funds or DVA Re-establishment Credit in the amount of $; the balance to be paid in monthly instalments of $ commencing the first day of the month following the month in which the election is made and continuing until the total arrears of contributions are fully paid; OR
□ (c) by monthly instalment of $ commencing the first day of the month following the month in which this election is made and continuing until the total arrears of contributions are fully paid;

and I understand that the above plan of payment, upon verification of the total arrears of contributions, is subject to adjustment in accordance with Canadian Forces Superannuation Regulations.
Signed (and forwarded) at this
(Place)
day of 19
(Date of Election)
Witnessed as to signature of elector by

(Signature of Witness)(Signature of Elector)

PART II Forwarding of Election

3 The circumstances of the forwarding of the above election having been ascertained, I am satisfied that it was (indicate by placing X in the appropriate block):

□ (a) FORWARDED to me within one year of the day on which he was informed by the Minister of his right to so elect; OR
□ (b) NOT FORWARDED to me until the day of 19, a date subsequent to one year of the day on which he was informed by the Minister of his right to so elect.

(Commanding Officer or Authority designated by the Minister)

(Date)

(Ship, Unit or Station)