Portions of the Department of Agriculture and Agri-Food Divestiture Regulations (SOR/2010-291)

Regulations are current to 2017-10-13 and last amended on 2016-06-23. Previous Versions

Portions of the Department of Agriculture and Agri-Food Divestiture Regulations

SOR/2010-291

PUBLIC SERVICE SUPERANNUATION ACT

FINANCIAL ADMINISTRATION ACT

Registration 2010-12-03

Portions of the Department of Agriculture and Agri-Food Divestiture Regulations

T.B. 835917 2010-12-03

The Treasury Board, on the recommendation of the President of the Treasury Board, pursuant to paragraph 42.1(1)(u)Footnote a and subsection 42.1(2)Footnote b of the Public Service Superannuation ActFootnote c and paragraph 7(2)(a) of the Financial Administration ActFootnote d, hereby makes the annexed Portions of the Department of Agriculture and Agri-Food Divestiture Regulations.

Marginal note:New employer

 For the purposes of these Regulations, new employer means a person or body who, by reason of an agreement with Her Majesty in right of Canada, carries out the activities that were formerly carried out by a portion of the Department of Agriculture and Agri-Food.

Marginal note:Application
  •  (1) These Regulations apply to a person who, by reason of an agreement between Her Majesty in right of Canada and a new employer, ceases to be employed in the public service and becomes employed by the new employer.

  • Marginal note:Exception — person re-employed

    (2) However, these Regulations do not apply to a person who becomes re-employed by the new employer.

  • Marginal note:Exception — survivor and children

    (3) Moreover, sections 4 to 6 do not apply to the survivor and children of a person who has received a return of contributions or has exercised an option in accordance with subsection 3(2).

Marginal note:When certain provisions are applicable
  •  (1) Sections 12 to 13.01 of the Public Service Superannuation Act (the “Act”) only apply to the person on or after the day on which they cease to be employed by the new employer.

  • Marginal note:Exceptions

    (2) However, if on or after January 1, 2010, were it not for these Regulations, a person would be entitled to a return of contributions under subsections 12(3) or 12.1(4) of the Act, they may request, in writing, the return of contributions within one year after the day on which they cease to be employed in the public service and become employed by the new employer, and if in the same circumstances, a person would be entitled to exercise an option in favour of the transfer value referred to in section 13.01 of the Act, they may exercise the option within the same period.

  • SOR/2016-203, s. 87.
Marginal note:Benefits for survivor and children

 The survivor and children of a person who dies while employed by the new employer are entitled to one of the following benefits to which they would have been entitled if the person had been employed in the public service:

  • (a) the death benefit under subsection 12(8) or 12.1(8) of the Act; or

  • (b) the allowances referred to in subsection 13(3) or 13.001(3) of the Act.

  • SOR/2016-203, s. 88.
Marginal note:Subsection 26(2) of Act

 For the purposes of subsection 26(2) of the Act, a person is deemed to cease to be employed in the public service on the day on which they cease to be employed by the new employer.

Marginal note:Subsection 10(5) of Act

 For the purposes of subsection 10(5) of the Act, the one-year period referred to in paragraph (a) of that subsection begins on the day on which the person ceases to be employed by the new employer.

Marginal note:Pensionable service

 For the purposes of sections 12 to 13.01 of the Act, pensionable service includes the period of service that begins on the day on which the person ceases to be employed in the public service and that ends on the day on which they cease to be employed by the new employer.

Marginal note:Sections 12 to 13.01 of Act

 For the purposes of sections 12 to 13.01 of the Act, the age of the person when they cease to be employed in the public service is their age on the day on which they cease to be employed by the new employer.

  • SOR/2016-203, s. 89.
Marginal note:Coming into force

 These Regulations are deemed to have come into force on January 1, 2010.

 
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