Government of Canada / Gouvernement du Canada
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Public Service Superannuation Act

Version of section 40.1 from 2005-04-01 to 2008-06-17:

Marginal note:Divestiture of service

  •  (1) Where Her Majesty in right of Canada transfers or otherwise divests Herself of the administration of a service to any person or body, this Act and the regulations made under this Act apply, in the manner and to the extent provided in any regulations made under paragraph 42.1(1)(u), to any contributor who, as a result of that transfer or divestiture, ceases to be employed in the public service and who, on or after that transfer or divestiture, becomes, directly or through an agent of that person or body, employed by the person or body to whom the service is transferred or divested.

  • Marginal note:Transitional coverage

    (2) Notwithstanding the definition “public service” in subsection 3(1), the Treasury Board may, subject to the terms and conditions that may be prescribed by the regulations made under paragraph 42.1(1)(v.5), including the requirement of the person or body referred to in subsection (1) to pay into the Superannuation Account or the Public Service Pension Fund the amount determined in accordance with those regulations,

    • (a) direct that the person or body forms part of the public service during such period, not exceeding the period prescribed by the regulations, as is determined by the Treasury Board; and

    • (b) determine those classes of persons employed by the person or body who are not required to contribute under section 5.

  • 1992, c. 46, s. 20
  • 1996, c. 18, s. 33
  • 1999, c. 34, s. 88
  • 2001, c. 34, s. 79
  • 2003, c. 22, s. 225(E)

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