Public Service Superannuation Regulations

17 (1) The provisions of this section apply only to 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 as to the counting of service under the Act or the Superannuation Act, that a period of service of such a person before the time they became a contributor thereunder could not be counted by them under the said Act, failed to elect under the said Act within the time prescribed therein to pay for that service.

(2) A person described in subsection (1) who was at any time a contributor under the Act may elect in respect of the service described in subsection (1) to count such service for the purposes of the Act whether or not they are at the time of so electing employed in the public service if

• (a) they have prior to July 6, 1961 been advised by the Minister that the service described in subsection (1) is countable and they make such an election on or before April 1, 1962, or

• (b) they are or were advised after July 5, 1961 by the Minister that the service described in subsection (1) is countable and they make such an election within one year of the day on which they are or were so advised,

and such election shall be deemed to have been made by them under the Act within the appropriate time prescribed in the Act.

(3) Every election made pursuant to subsection (2) shall be in the form prescribed by the Minister, and the provisions of the Act respecting the making of elections, other than section 19 thereof, shall apply mutatis mutandis to the making of such an election.

(4) Where a person makes an election pursuant to subsection (2), they shall pay the contribution they would otherwise have had to pay under section 6 of the Act as that section provided at the time they might have elected under that Act as if they had made such election within the appropriate time prescribed in paragraph 5(1)(b) of the Act.

(5) Where a person described in subsection (1) has made an election pursuant to clause 5(1)(b)(iii)(K) of the Act for a period of service described in subsection (1) for which they might have elected under the Act or the Superannuation Act, such election shall be deemed to have been made by them under the Act or the Superannuation Act, as the case may be, within the appropriate time prescribed in that Act for the making of such an election, and an appropriate adjustment by refund or reduction in the number of instalments shall be made in respect of contributions required by reasons of election under the Act; for the purpose of calculating such refund or reduction, the election shall be deemed to have been made pursuant to subsection (2).

(6) A person described in subsection (1) to whom subsection (5) does not apply who would have a total period of service in excess of 35 years if the period of service described in subsection (1) were added to the pensionable service to their credit, may elect in the manner prescribed in subsection (3) in respect of the service described in subsection (1).

(7) The Minister shall determine the adjustment to be made, whether by refund or otherwise, in respect of the contribution made by any person to whom subsection (6) applies, but in no case shall any contribution be made in respect of a period in excess of that prescribed in paragraph 4(2)(a) or (b) of the Act.