Administration of Labour Market Development Services Divestiture Regulations

Version of section 3 from 2006-03-22 to 2016-06-22:

  •  (1) Sections 12, 13 and 13.01 of the Act only apply to a person on and after the date on which that person ceases to be employed by a new employer.

  • (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 new employer.

  • (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 the new employer.

  • SOR/98-234, s. 2
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