5.1. The employee to whom this Order in Council applies who ceases to act as Secretary-General of the Conseil exécutif after 31 December 2008 is subject to this Order in Council as if the employee had been appointed to act as Secretary-General of the Conseil exécutif where the employee holds pensionable employment under the plan, except if the employee has received the actuarial value of his or her total pension in accordance with section 16 of the basic Order in Council.