Public Service Superannuation Act — P-36 10
e, subject to this Part, until the end of the month in which the recipient dies or otherwise ceases to be entitled to receive an annual allowance, and any amount in arrears that remains unpaid at any time after the death of the recipient shall be paid to the estate or succession of the recipient or, if less than one thousand dollars, as the Minister may direct. Capitalization (4) When a person who is a contributor or survivor has become entitled under this Part to an annuity or annual allowance the amount of which would be less than two per cent of the Year’s Maximum Pensionable Earnings within the meaning of subsection 11(3) in respect of the year in which the request is made, there may be paid to that person, on request by that person, to the Minister in writing within three months from the day on which written notice is sent by the Minister informing the person of the amount of the annuity or annual allowance, an amount determined in accordance with the regulations to be the capitalized value of the annuity or annual allowance, which payment shall be in lieu of any other benefit under this Part and Part III. Options (5) When, under any of sections 12 to 13.001, a contributor is entitled to a benefit specified in that section at his or her option, (a) if he fails to exercise the option within one year from the time he became so entitled, he shall be deemed to have exercised it in favour of a benefit other than a lump sum payment as described in the definitions “cash termination allowance” and “return of contributions” in subsection (1); (b) if, without having exercised or been deemed to have exercised the option, he becomes a contributor under the Canadian Forces Superannuation Act or the Royal Canadian Mounted Police Superannuation Act , he shall be deemed to have exercised the option immediately before becoming a contributor under that Act in favour of a benefit other than a lump sum payment as described in the definitions “cash termination allowance” and “return of contributions” in subsection (1); and (c) if, without having exercised or been deemed to have exercised the option, he or she becomes re-employed in the public service, he or she ceases to be entitled to exercise the option until the time that he or she ceases to be so re-employed, unless before that time he or she becomes a contributor under this Part, in which case the period on which that benefit was based, except any such period specified in clause 6(1)(a)(iii)(C) or (E), shall be counted as pensionable service for the purposes of subsection 6(1). Revocation of option (6) When, under any of sections 12 to 13.001, a contributor is entitled to a benefit specified in that section at his or her option, the option may be revoked and a new option exercised by the contributor, under the circumstances and on the terms and conditions that the Governor in Council by regulation prescribes. Contributor re-employed before payment of return of contributions (7) If a contributor who is entitled under any of sections 12 to 13.001 to a return of contributions becomes re-employed in the public service and a contributor under this Part before those contributions have been paid to him or her, the period of pensionable service to which those contributions relate (except any such period specified in clause 6(1)(a)(iii)(C) or (E)) shall be counted as pensionable service for the purposes of this Part, and the amount of those contributions shall, in lieu of being paid to him or her, be applied in payment of or on account of the amount required by this Part to be paid by him or her for that service. Annuity in respect of locked-in contributions (8) A contributor who has to his or her credit a period of pensionable service in respect of which no amount can, by virtue of subsection 40(9), be paid to an approved employer is entitled in respect of that service, on ceasing to be employed in the public service, to a benefit specified in whichever of sections 12 to 13.001 that applies to h