Public Service Superannuation Act — P-36 8
Manner of making elections 8 (1) Every election made by a contributor under this Part shall be made by him while employed in the public service and shall be evidenced in writing, in the form prescribed by the Minister, and signed by the person making the election, and the original thereof shall be forwarded to the Minister in the manner prescribed by the regulations within the time prescribed by this Part for the making of the election or, in the case of an election that may be made by the contributor at any time before he ceases to be employed in the public service, within one month from the time of making the election. Void elections (2) An election under this Part is void in so far as it is an election to pay for (a) any period of service on active service in the forces during World War I or World War II or any period of service in the public service or in pensionable employment that the elector is entitled to count for the purpose of any superannuation or pension benefit of a kind specified in the regulations, otherwise than under the provisions of this Part; (b) any period of service in the public service before January 1, 1981 as a part-time employee, within the meaning of this Act as it read from time to time before that date, unless it is service that may be counted under clause 6(1)(b)(i)(B); (b.1) any period of service in the public service after December 31, 1980 as a part-time employee, unless it is service that may be counted under this Part and the elector was, during that period, engaged to work on average at least twelve hours a week or such lesser number of hours a week as may be prescribed by the regulations; (c) any period of service in the public service as an employee whose compensation for the performance of the regular duties of his position or office consisted of fees of office; (d) any period of service of less than ninety days as defined by the regulations unless it is service that may be counted under clause 6(1)(b)(iii)(I); or (e) any period of service that is after 1965, before the day on which that elector reached the age of eighteen years and before the day on which this paragraph comes into force. Right to elect for part of period (3) A contributor who is entitled under this Part to elect to pay for a period of service is entitled, unless a contrary intention appears, to elect to pay for part only of that period but only that part that is most recent in point of time. Right to amend or revoke election (4) An election under this Part may be amended by the elector, within the time prescribed by this Part for the making of the election, by increasing the period or periods of service for which he elects to pay, and is otherwise irrevocable except under such circumstances and on such terms and conditions, including payment by the elector to Her Majesty of such amount in respect of any benefit accruing to that elector during the subsistence of the election, as a consequence of his having so elected, as the Governor in Council by regulation prescribes. Election deemed valid (5) Notwithstanding this Act or the Superannuation Act , where the Governor in Council is of opinion that a person (a) has made an election under either Act in purported compliance with such Act and the regulations made pursuant thereto and that the purported election was made in good faith and was invalid by reason only of circumstances not attributable to fault on the part of that person, or (b) was treated in error as being deemed to have elected pursuant to paragraph 51(2)(b), that person shall be deemed to have made a valid election for the purposes of the relevant provisions of this Act or the Superannuation Act , as the case may be, on such date and subject to such terms and conditions as may be prescribed by the Governor in Council. Manner of payment (6) Subject to this section, any amount required by subsection 7(1) or (1.1) or 39(7) to be paid by a contributor in respect of any period of service for which the contributor h