Public Service Superannuation Act — P-36 17
When employment ceases otherwise than voluntarily 17 (1) When an air traffic controller employed in operational service on or after April 1, 1976 ceases otherwise than voluntarily to be employed in that service for any reason, the following provisions apply: (a) if he ceases to be so employed having to his credit twenty years or more of operational service that is pensionable service, he is entitled, at his option on ceasing to be employed in the public service, to an immediate annuity in respect of that service in respect of which he has not exercised an option under subsection (2) in lieu of any benefit under subsection 13(1) in respect of that service; or (b) if he ceases to be so employed having to his credit ten years or more but less than twenty years of operational service that is pensionable service, he is entitled, at his option on ceasing to be employed in the public service, to an annual allowance in respect of that service in respect of which he has not exercised an option under subsection (2) in lieu of any benefit under subsection 13(1) in respect of that service, payable immediately on his exercising his option, equal to the amount of the deferred annuity that would be payable under subsection 13(1) in respect of that service reduced by the product obtained by multiplying five per cent of the amount of that annuity by twenty minus the number of years, to the nearest one-tenth of a year, of his operational service that is pensionable service, with a maximum reduction of thirty per cent. Employment in public service following operational service (2) Notwithstanding any other provision of this Act, where an air traffic controller referred to in subsection (1) is, following his operational service, employed in the public service in other than operational service and has not received a benefit pursuant to subsection (1) or subsection 13(1) in respect of his operational service, he is entitled, at his option, to an annuity equal to the amount of the immediate annuity or annual allowance that would have been payable to him under subsection (1) had he ceased to be employed in the public service when he terminated his operational service in respect of up to a maximum of fifty per cent of his operational service that is pensionable service, payable immediately on his exercising his option. Deferred portion of benefits (3) Where an air traffic controller exercises his option under subsection (2) and ceases to be employed in the public service, he is entitled to exercise an option under subsection (1) in respect of his operational service that is pensionable service for which he has not exercised an option under subsection (2). Deemed exercise of option (4) Where, under paragraph (1)(a), an air traffic controller is entitled at his option to an immediate annuity, he shall be deemed to have exercised his option under that paragraph in favour of an immediate annuity if he fails within one year from the time he became so entitled to exercise an option under subsection 13(1) in respect of the same service. (5) [Repealed, 1999, c. 34, s. 68] R.S., 1985, c. P-36, s. 17; 1999, c. 34, s. 68; 2003, c. 22, s. 225(E)