160. Notwithstanding section 70 of the Act respecting the Teachers Pension Plan (chapter R-11) and section 89.4 of the Act respecting the Civil Service Superannuation Plan (chapter R-12), the pensioner referred to in section 159 may elect not to be a member of this plan while holding pensionable employment under this plan.
An election not to be a member of this plan applies from the date of receipt by the Commission of a notice in writing to that effect. However, the election made by an employee who did not have years or parts of a year of service credited or counted under this plan or who did not have years or parts of a year of service counted under section 3.2 of the Act respecting the Government and Public Employees Retirement Plan (chapter R-10) since the first day on which the employee held pensionable employment applies from that day or from the date on which the employee reaches sixty-five years of age, if that first day is prior to that date.