Public Service Superannuation Regulations

50 (1) For the purposes of the definition operational service in section 12.11 of the Act, the following kinds of service are designated as operational service, namely,

• (a) employment in the public service during which a person who is a contributor on or after April 1, 1976 is

  • (i) engaged in supervisory or non-supervisory duties requiring the possession of a current and medically valid Air Traffic Controller Licence or a letter of authority issued by the Department of Transport,

  • (ii) [Repealed, SOR/85-285, s. 1]

  • (iii) employed as a data systems co-ordinator in the Department of Transport for any period prior to July 1, 1980, or

  • (iv) undergoing training for any of the duties referred to in subparagraph (i), (ii) or (iii), excluding any period of training to become an air traffic controller at a central air traffic control training school, except where such training occurred prior to the introduction of training schools;

• (b) any period during which a contributor engaged in any duties or training referred to in paragraph (a) is absent from such duties or training

  • (i) for the purpose of undergoing language training, or

  • (ii) on authorized leave with or without pay for a period of less than six months,

  if the contributor returns to any duties or training referred to in paragraph (a) immediately following such absence;

• (c) any period of less than six months during which a contributor is employed in the public service in employment other than that described in paragraph (a) if such employment was immediately preceded and followed by employment as described in that paragraph; and

• (d) any period of employment in the public service prior to April 1, 1985 during which a person who is a contributor on or after April 1, 1976 was engaged as the immediate supervisor of a non-supervisory employee as described in subparagraph (a)(i) and whose appointment as supervisor was effective on or before September 30, 1981.

(2) Notwithstanding paragraphs (1)(b) and (c), service described in those paragraphs by a contributor who fails to return to operational service by reason of section 52 is operational service.

(2.2) Where a competent authority orders that a person described in paragraph (1)(a) who has been relieved of any of the duties referred to in subparagraphs (1)(a)(i), (iii) or (iv) be reinstated in those duties, the period from the day of being relieved from those duties to the day on which it is ordered that they be reinstated, or any shorter period so specified in the order, is operational service.

(3) Subject to sections 27 and 28, the effective date of becoming or ceasing to be employed in operational service is the effective date specified in the written advice to the Minister from the deputy head of the Department of Transport.