Administration of Labour Market Development Services Divestiture Regulations

Link to law: http://laws-lois.justice.gc.ca/eng/regulations/SOR-97-165/FullText.html

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Administration of Labour Market Development Services Divestiture Regulations

SOR/97-165PUBLIC SERVICE SUPERANNUATION ACT
FINANCIAL ADMINISTRATION ACT
Registration 1997-03-24
Administration of Labour Market Development Services Divestiture Regulations
T.B. 825166 1997-04-20The 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 Administration of Labour Market Development Services Divestiture Regulations.
Return to footnote aS.C. 1992, c. 46, s. 22Interpretation

1 The definitions in this section apply in these Regulations.

Act
Act means the Public Service Superannuation Act. (Loi)
labour market development agreement
labour market development agreement means an agreement between the Government of Canada, represented by the Minister of Human Resources Development and the Canada Employment Insurance Commission, and a provincial government whereby the design and delivery of labour market development programs and certain functions of the national employment service will be assumed by the provincial government. (accord relatif au développement du marché du travail)
new employer
new employer means a provincial government with whom the Government of Canada has concluded a labour market development agreement. (nouvel employeur)

Application

2 (1) Subject to subsection (2), these Regulations apply to persons who cease to be employed in the Public Service and become employed by a new employer pursuant to a labour market development agreement.
(2) These Regulations do not apply to a person who subsequently becomes re-employed by the new employer referred to in subsection (1) or who, after ceasing to be employed by the new employer, becomes employed by another new employer.
(3) Sections 4 to 9 do not apply to a person who has exercised an option under subsection 3(2).

SOR/98-234, s. 1.

Applicable Provisions

3 (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.

Surviving Spouse and Children

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

5 For the purposes of subsection 13(3) of the Act, the surviving spouse and children of a person who dies while employed by a new employer 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.

6 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 a 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 the person ceases to be employed by a new employer is entitled to an allowance under Part I of the Act.

Adaptation of Subsection 10(5) of the Act

7 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 a new employer.

Adaptation of Sections 12 and 13 of the Act

8 For the purposes of sections 12 and 13 of the Act, pensionable service includes the period of service with a new employer 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 the new employer.

9 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 a new employer.

Coming into Force

10 These Regulations come into force on April 1, 1997.