9(1)Any contributor who has to his or her credit fewer than 5 years of pensionable service is entitled, upon ceasing to be employed in the Public Service, to a return of contributions with interest.

9(2)Upon the death of a contributor who had to his or her credit fewer than 5 years of pensionable service, a return of contributions, with interest, shall be paid

9(1)Any contributor who has to his credit less than five years of pensionable service is entitled, upon ceasing to be employed in the Public Service, to a return of contributions with interest.

9(2)Upon the death of a contributor who had to his credit less than five years of pensionable service, a return of contributions, with interest, is to be paid to his surviving spouse, or if there is no surviving spouse or he cannot be found to the contributor’s children, or if there are no children or they cannot be found to his estate.

9(3)If two persons claim to be the surviving spouse of a contributor referred to in subsection (2), and one of those persons is a spouse because that person was married, other than in a void or voidable marriage, to the contributor at the time of the contributor’s death, that spouse is entitled to the return of contributions under subsection (2), if otherwise eligible and subject to subsection 19.1(3), unless there is a valid written agreement between the contributor and that spouse, or a court order or judgment, that bars that spouse’s claim.

9(4)Subsection (3) applies in relation to the academic employees of the University of New Brunswick, as defined in subsection 26.1(1), who have to their credit pensionable service under this Act before January 1, 1993, and to the University of New Brunswick in respect of such academic employees.