Airport Transfer Regulations (SOR/96-518)

Regulations are current to 2016-11-21 and last amended on 2016-06-23. Previous Versions

Airport Transfer Regulations

SOR/96-518

PUBLIC SERVICE SUPERANNUATION ACT

FINANCIAL ADMINISTRATION ACT

Registration 1996-11-29

Airport Transfer Regulations

T.B. 824708 1996-11-29

The Treasury Board, on the recommendation of the President of the Treasury Board, pursuant to paragraph 42.1(1)(u)Footnote a of the Public Service Superannuation Act and paragraph 7(2)(a) of the Financial Administration Act, hereby makes the annexed Airport Transfer Regulations.

Interpretation

 The definitions in this section apply in these Regulations.

Act

Act means the Public Service Superannuation Act. (Loi)

airport authority

airport authority means a corporation or other body to whom an airport is sold, leased or otherwise transferred and includes a person who acts for or on behalf of that corporation or other body. (administration aéroportuaire)

transfer date

transfer date[Repealed, SOR/98-232, s. 1]

  • SOR/98-232, s. 1.

Application

  •  (1) Subject to subsections (2) and (3), these Regulations apply to a person who ceases to be employed in the public service and becomes employed by an airport authority as a result of the transfer of an airport to an airport authority.

  • (2) These Regulations do not apply to a person who subsequently becomes re-employed by the airport authority referred to in subsection (1) or after ceasing to be employed by the airport authority becomes employed by another airport authority.

  • (3) These Regulations do not apply to a person who makes an election pursuant to paragraph 5(1)(e) of the Airport Transfer (Miscellaneous Matters) Act on or after the coming into force of these Regulations.

  • (4) Sections 4 to 11 do not apply to a person who has exercised an option under subsection 3(2).

  • SOR/98-232, s. 2;
  • SOR/2016-203, s. 50(E).

Applicable Provisions

  •  (1) Sections 12, 13, 13.01 and 16 and subsections 17(1) and (3) of the Act only apply to a person on and after the date on which that person ceases to be employed by an airport authority.

  • (2) Despite subsection (1), where, on or after April 1, 1998, a person would be eligible, were it not for these Regulations, to exercise an option under subsection 12(3), paragraph 13(7)(a) or (b) or section 13.01 of the Act, the person may exercise such an option

    • (a) in the cases referred to in paragraphs 13(7)(a) and (b) of the Act, no later than June 20, 1998; and

    • (b) in the cases referred to in subsection 12(3) and section 13.01 of the Act, no later than the later of

      • (i) April 1, 1999, and

      • (ii) one year after the date on which the person ceases to be employed in the public service and becomes employed by the airport authority.

  • (3) When a person exercises an option under subsection (2), for the purposes of subsection 12(3), paragraphs 13(7)(a) and (b) and section 13.01 of the Act,

    • (a) the period of pensionable service is the period of pensionable service to that person’s credit at the date on which the person ceases to be employed in the public service; and

    • (b) the age of the person is

      • (i) in the case of a person who ceases to be employed in the public service on or after April 1, 1998, the age of that person on the date on which the person ceases to be employed in the public service, and

      • (ii) in any other case, the age of that person on April 1, 1998.

  • (4) When a person exercises an option under subsection (2), for the purposes of section 13.01 of the Act and sections 83 to 99 of the Public Service Superannuation Regulations,

    • (a) in the case of a person who ceases to be employed in the public service on or after April 1, 1998, valuation day means the later of

      • (i) the date on which the person ceases to be employed in the public service, and

      • (ii) the date on which the person exercises an option for a transfer value; and

    • (b) in any other case, valuation date means the date on which the person exercises an option for a transfer value.

  • (5) A person who has exercised an option under subsection (2) is not entitled to exercise an option under subsection (1) when the person ceases to be employed by an airport authority.

  • SOR/98-232, s. 3;
  • SOR/2016-203, s. 50(E).

Surviving Spouse and Children

 For the purposes of subsection 12(8) of the Act, the surviving spouse and children of a person who dies while employed by an airport authority are entitled to a death benefit equal to a return of contributions.

 For the purposes of subsection 13(3) of the Act, the surviving spouse and children of a person who dies while employed by an airport authority are entitled to an allowance as described in paragraphs 12(4)(a) and (b) of the Act, subject to the limitations set out in subsections 12(4) and (5) of the Act.

 For the purposes of subsection 26(2) of the Act, a child who was born to or adopted by a person or became the stepchild of the person during the period that begins on the date on which the person ceases to be employed in the public service and that ends on the date on which that person ceases to be employed by an airport authority is entitled to an allowance under Part I of the Act.

  • SOR/2016-203, s. 50(E).

Adaptation of Subsection 10(5) of the Act

 For the purposes of subsection 10(5) of the Act, the one year period referred to in paragraph 10(5)(a) of the Act shall begin on the date on which the person ceases to be employed by an aiport authority.

Adaptation of Sections 12 and 13 of the Act

 For the purposes of sections 12 and 13 of the Act, pensionable service includes the period of service with an airport authority that begins on the date on which the person ceases to be employed in the public service and that ends on the date on which the person ceases to be employed by that airport authority.

  • SOR/98-232, s. 4;
  • SOR/2016-203, s. 50(E).

 For the purposes of sections 12 and 13 of the Act, the age of a person when the person ceases to be employed in the public service is the age of the person on the day on which that person ceases to be employed by an airport authority.

  • SOR/2016-203, s. 50(E).

Adaptation of Sections 16 and 17 of the Act

 For the purposes of sections 16 and 17 of the Act, the age of a person when the person ceases to be employed in the public service is the age of the person on the day on which that person ceases to be employed by an airport authority.

  • SOR/2016-203, s. 50(E).

 For the purposes of section 17 of the Act, ceasing otherwise than voluntarily to be employed in operational service does not include ceasing to be employed in the public service as a result of the transfer of an airport to an airport authority.

  • SOR/2016-203, s. 50(E).

 A contributor to whom these Regulations apply is considered to be a Group 1 contributor.

  • SOR/2016-203, s. 49.

Coming into Force

 These Regulations come into force on December 1, 1996.

 
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