P-36Public Service Superannuation ActF-11Financial Administration ActSOR/98-23019983

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PUBLIC SERVICE SUPERANNUATION ACTFINANCIAL ADMINISTRATION ACTPortions of the Department of National Defence Divestiture RegulationsT.B.82609519983

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The Treasury Board, on the recommendation of the President of the Treasury Board, pursuant to paragraph 42.1(1)(u)a of the Public Service Superannuation Act and paragraph 7(2)(a) of the Financial Administration Act, hereby makes the annexed Portions of the Department of National Defence Divestiture Regulations.aS.C. 1992, c. 46, s. 22DEFINITIONS

1.The definitions in this section apply in these Regulations.Act means the Public Service Superannuation Act. (Loi)new employer means a person or body who, by reason of an agreement with Her Majesty in right of Canada, carries out the activities that were formerly carried out by a portion of the Department of National Defence and includes a person who acts for or on behalf of that person or body. (nouvel employeur)

APPLICATION

2.(1)Subject to subsection (2) and section 3, these Regulations apply to a person who, by reason of an agreement between Her Majesty in right of Canada and a new employer, ceases to be employed in the Public Service and becomes employed by the new employer.(2)These Regulations do not apply to a person who subsequently becomes re-employed by the new employer.(3)Sections 4 to 9 do not apply to a person who has exercised an option under subsection 3(2) or (3).

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 the 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 section 12, 13 or 13.01 of the Act, the person may exercise such an option in accordance with the Act if the person ceases to be employed in the Public Service and becomes employed by a new employer listed in the schedule.(3)Despite subsection (1), except in the case referred to in subsection (2), 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 one year after the date on which the person ceases to be employed in the Public Service and becomes employed by the new employer.(4)A person who has exercised an option under subsection (2) or (3) is deemed not to have become employed by the new employer for the purposes of these Regulations and of sections 83 to 99 of the Public Service Superannuation Regulations and is not entitled to exercise an option pursuant to subsection (1) when the person ceases to be employed by the new employer.

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 the 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 the 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 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 the 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 the 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 the 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 the new employer.

COMING INTO FORCE

10.These Regulations come into force on April 1, 1998.

SCHEDULE(Subsection 3(2))1.Serco Facilities Management Inc.