Public Service Superannuation Act — P-36 42
he transfer to the Superannuation Account or the Public Service Pension Fund of any contributions made under a plan described in paragraph (a), including any contributions by or on behalf of the board, commission or corporation and any accrued interest. Definition of employee (7) For the purposes of subsection (6), employee includes, with reference to any board, commission or corporation, an officer or member thereof. Members of Parliament and Senators (8) Notwithstanding anything in this Part, the Governor in Council may by regulation (a) provide that the service of a former member of the House of Commons or a former Senator in respect of which he or she made contributions under the Members of Parliament Retiring Allowances Act may, to the extent and subject to the conditions that may be prescribed by the regulations, be counted by that former member or former Senator as pensionable service for the purposes of this Part; and (b) provide for the transfer to the Superannuation Account or the Public Service Pension Fund of amounts in the Retiring Allowances Account, within the meaning of that Act, in respect of him or her. Counting of service for benefit of Crown (9) The Governor in Council may make regulations (a) respecting the counting as pensionable service, for the purposes of this Part, of any period, not otherwise countable as such, during which a person, before becoming a contributor under this Part, performed on a full-time basis duties of a kind specified in the regulations for the benefit of the Crown in right of Canada; and (b) providing, except in the case of a person who has ceased to be employed in the public service, for which case the regulations may otherwise provide, that this Part shall apply as though the period were a period of service in a portion of the federal public administration that was added to Schedule I on a day specified in the regulations. Erroneous advice respecting counting of service (10) The Governor in Council may make regulations prescribing, in the case of a contributor who in the opinion of the Minister 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 respecting the counting of service under this Act or the Superannuation Act , that a period of service of such a person before the time he became a contributor thereunder could not be counted by him under that Act, failed to elect under that Act within the time prescribed therefor to pay for that service, the circumstances under which and the manner and time in which the contributor may elect to pay for that service, and the circumstances under which and the terms and conditions (including conditions respecting interest) on which any election made by him to pay for that service, or any election made by him under paragraph 6(1)(b) to pay for that service as a period of service described in clause 6(1)(b)(iii)(K), shall be deemed to have been made by him under this Act or the Superannuation Act , as the case may be, within the time prescribed therefor by that Act. Idem (11) The Governor in Council may make regulations prescribing, in the case of a contributor who in the opinion of the Minister 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 respecting contributions for service under the Superannuation Act or this Part, that a period of service of such a person before or after the time he became a contributor under the Superannuation Act or this Part could be counted by him under that Act or this Part without contribution by him therefor, failed to elect, or failed to elect within the time prescribed therefor by that Act or this Part, to pay for that service, the circumstances under which and the manner and time in which the contributor may elect t