Public Service Superannuation Regulations (C.R.C., c. 1358)

Regulations are current to 2016-04-12 and last amended on 2010-08-03. Previous Versions

 [Repealed, SOR/86-741, s. 1]

Persons Re-Employed

 For the purposes of paragraph 17(a)Footnote 1 of the Act, a person to whom that section applies who holds an office or position or performs services the remuneration for which is payable out of the Consolidated Revenue Fund or by an agent of Her Majesty in right of Canada shall be deemed to be employed in the Public Service during any time that he is

  • (a) the Lieutenant Governor of a province;

  • (b) a member of the Senate;

  • (c) a judge of any court referred to in the Judges Act;

  • (d) an employee of Central Mortgage and Housing Corporation;

  • (e) a member of the navy, army or air force of Canada or the Royal Canadian Mounted Police; or

  • (f) an employee or member of any board, commission, corporation or portion of the public service whose remuneration is payable out of the Consolidated Revenue Fund or by an agent of Her Majesty in right of Canada other than

    • (i) a person appointed as a returning officer under subsection 7(1) of the Canada Elections Act, or

    • (ii) a person employed as a census commissioner or enumerator under subsection 5(1) of the Statistics Act.

  • SOR/93-450, s. 11(F).

Employment Substantially Without Interruption

  •  (1) Subject to this section where, during any relevant period,

    • (a) a person has ceased to be employed in the Public Service and has again become employed therein, or

    • (b) the duties or conditions of employment of a person employed in the Public Service have altered,

    his service through that period is deemed to be substantially without interruption (or substantially continuous) within the meaning of the Act.

  • (2) Subsection (1) does not apply for the purposes of paragraph 5(1)(c) of the Act in respect of a person referred to in that paragraph who accepts a temporary appointment in the Public Service, in respect of which the average number of scheduled hours of work per week is 30 or more, for a period of more than three months.

  • (3) Subsection (1) does not apply for the purposes of paragraphs 5(1)(b) and (c) of the Act where, during the relevant period, an employee ceased to be employed in the Public Service for any reason for more than one day.

  • (4) Subsection (1) does not apply for the purposes of clause 6(1)(a)(iii)(E) of the Act in respect of the relevant period where an employee, during that period,

    • (a) being a contributor under the Superannuation Act ceased to be a contributor; or

    • (b) being required to contribute in accordance with subsection 5(1) of the Act ceased to be so required to contribute.

  • (5) Subsection (1) does not apply for the purposes of section 12 of the Act in respect of the relevant period where an employee, during that period, ceased to be employed in the Public Service for a continuous period exceeding one day.

  • (6) Subsection (1) does not apply for the purposes of subsection 13(4) of the Act in respect of the relevant period where an employee during that period ceased to be employed in the Public Service for any reason and,

    • (a) in respect of a period of service referred to in paragraph 13(5)(a) of the Act, did not again become employed therein within three months from the date on which he so ceased to be employed; or

    • (b) in respect of a period referred to in paragraph 13(5)(b) of the Act, did not again become employed therein within the time stipulated in the agreement referred to in that paragraph.

  • (7) Subsection (1) does not apply for the purpose of section 31 of the Act in respect of the relevant period where an employee, during that period, ceased to be employed in the Public Service or ceased to be a member of the regular forces or of the Force for any reason and did not again become employed in the Public Service or become a member of the regular forces or of the Force within three months from the date on which he so ceased to be employed or to be a member.

  • (8) Subsection (1) does not apply for the purpose of subsection 11(5) of the Act in respect of the relevant period where an employee during that period ceased to be employed in the Public Service for a continuous period exceeding three months.

  • SOR/93-450, s. 11(F);
  • SOR/94-483, ss. 5, 9.

Benefits

Calculation of Benefits for Employees with Part-time Service

 For the purposes of the definition cash termination allowance in subsection 10(1) of the Act, where the pensionable service of the contributor includes a period of part-time service, the salary shall be the aggregate of

  • (a) in respect of any period of pensionable service that is full-time service, the amount determined by the formula

    A × D/E

  • (b) in respect of any period of pensionable service that is part-time service in a single position, the amount determined by the formula

    (A × B × D)/(C × E)

    and

  • (c) in respect of any period of pensionable service during which the contributor was a part-time employee employed concurrently in two or more positions, the amount determined by the formula

    A × F × D/E

     where

    A 
    is
    • (i) where the contributor was a full-time employee at the time referred to in that definition, the salary authorized to be paid to the contributor at that time,

    • (ii) where the contributor was a part-time employee employed in a single position at the time referred to in that definition, the salary that would have been payable to the contributor if the contributor had been a full-time employee at that time, and

    • (iii) where the contributor was a part-time employee employed concurrently in two or more positions at the time referred to in that definition, the aggregate of the amounts determined for each such position by the formula

      G × H/I

      where

      G 
      is the salary that would have been payable to the contributor if the contributor had been employed on a full-time basis at that time,
      H 
      is the average number of hours per week for which the contributor was engaged to work in the position during the period, and
      I 
      is the total of the average number of hours for which the contributor was engaged to work in all positions during the period;
    B 
    is the average number of hours per week for which the contributor was engaged to work during the period;
    C 
    is the normal hours of work per week established for full-time employees in the occupational group of which the contributor was a member during the period;
    D 
    is the length of the period;
    E 
    is the length of the entire period of pensionable service; and
    F 
    is the aggregate of the quotients of B ÷ C calculated for each part-time position.
  • SOR/94-483, s. 6.
  •  (1) Subject to subsection (2), for the purposes of section 11 of the Act, where the pensionable service of a contributor includes a period of part-time service, the average annual salary of the contributor shall be calculated

    • (a) in respect of any period of part-time service that is service referred to in subsection 7(1.1) of the Act, other than service referred to in clause 6(1)(b)(iii)(I.1) of the Act in respect of which the contributor has made an election under that clause or clause 6(1)(b)(iii)(K) of the Act, notwithstanding paragraph 11(7)(e) of the Act, on the basis of the salary referred to in variable “A” of paragraph 6.6(1)(b);

    • (b) in respect of any period of service referred to in clause 6(1)(b)(iii)(I.1) of the Act in respect of which the contributor has made an election under that clause or clause 6(1)(b)(iii)(K) of the Act, notwithstanding paragraph 11(7)(e) of the Act, on the basis of the salary payable to the contributor on July 4, 1994;

    • (c) in respect of any period of part-time service other than a period of service referred to in paragraph (a) or (b), on the basis of the salary that would have been payable to the contributor had the contributor been a full-time employee during that period of service; and

    • (d) in respect of any period of full-time service that is service referred to in subsection 7(1) or (1.1) of the Act, notwithstanding paragraph 11(7)(e) of the Act, on the basis of the salary referred to in variable “A” of paragraph 6.6(1)(b).

  • (2) Where a period of pensionable service referred to in subsection (1) includes a period during which a contributor who is a part-time employee was employed concurrently in two or more positions on a part-time basis, for the purposes of that subsection, the salary for the period of concurrent employment shall be the total of the amounts determined for each such position by the formula

    A × B/C

    where

    A 
    is the salary that would have been payable to the contributor if the contributor were employed on a full-time basis, calculated in accordance with subsection (1);
    B 
    is the average number of hours per week for which the contributor was engaged to work in the position; and
    C 
    is the total of the average number of hours for which the contributor was engaged to work in all positions.
  • SOR/94-483, s. 6.
 
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