16.1 A contributor exercising the option referred to in subsection 19(1) of the Act is entitled to an immediate annuity if
(a) they have completed a 20-year intermediate engagement that commenced before March 1, 2007 and are not serving on an indefinite period of service;
(b) they have 10 or more years of regular force pensionable service and have reached retirement age;
(c) they are not an officer and have at least 25 years of regular force pensionable service; or
(d) they were a member of the regular force with 10 or more years of regular force pensionable service on March 1, 2007 and
(i) they have at least 20 years of regular force pensionable service, unless
(A) they have at any time served on a 25-year intermediate engagement and do not, at the time of ceasing to be a member of the regular force, have at least 25 years of regular force pensionable service,
(B) they have at any time refused an offer of a 25-year intermediate engagement unless, at the time of the refusal, they were serving on a 20-year intermediate engagement that commenced before March 1, 2007 or had completed a 20-year intermediate engagement that commenced before March 1, 2007, or
(C) at the time they cease to be a member of the regular force they are serving on an indefinite period of service, or
(ii) they have at least 19 years of regular force pensionable service, they are not serving on an intermediate engagement or an engagement for an indefinite period of service in the regular force, they have not at any time received an offer of a 25-year intermediate engagement and they are
(A) an officer who did not fail to accept an offer for an indefinite period of service in the regular force, or
(B) a contributor, other than an officer, who ceases to be a member of the regular force on the expiry of a period of engagement and who did not fail to accept an offer to re-engage in the regular force.
SOR/2007-33, s. 9.
16.2 (1) A contributor described in clause 16.1(d)(i)(A) or (B) is entitled to an immediate annuity that is reduced
(a) in the case of an officer, by 5% for every full year by which their years of age, on the day on which they cease to be a member of the regular force, are less than retirement age; and
(b) in any other case, by 5% multiplied by the lesser of
(i) the number of full years by which their years of age are less than retirement age, and
(ii) the number of full years by which their years of regular force pensionable service are less than 25.
(2) A contributor described in clause 16.1(d)(i)(C) is entitled to an immediate annuity reduced in accordance with subsection (1), but, if the contributor completed a 20-year intermediate engagement that commenced before March 1, 2007, the amount of the annuity may not be less than an amount calculated as follows:
A/50 × B
where
A is the number of years of pensionable service to the contributor’s credit after having completed the 20-year intermediate engagement; andB is the average annual pay received by the contributor during any five-year period of pensionable service selected by or on behalf of the contributor, or during any period so selected consisting of consecutive periods of pensionable service totalling five years.
SOR/2007-33, s. 9.
16.3 (1) A contributor exercising the option referred to in subsection 19(1) of the Act with 10 or more years of regular force pensionable service on March 1, 2007, who has served continuously as a member of the regular force from March 1, 2007 until the day on which they cease to be a member of the regular force and who has less than 20 years of regular force pensionable service, is entitled to an immediate annuity reduced in accordance with subsection (2) if they cease to be a member of the regular force by reason of a workforce reduction.
(2) The immediate annuity is to be reduced by the least of the following percentages:
(a) 30%,
(b) 5% for every full year by which the contributor’s full years of regular force pensionable service are less than 20, or
(c) 5% for every full year by which the contributor’s years of age are less than the retirement age applicable to the contributor’s rank.
(3) The reduction is to cease when the contributor reaches 65 years of age.
SOR/2007-33, s. 9.