Public Service Superannuation Regulations

27 (1) For the purposes of Parts I and II of the Act, other than for the purpose of ascertaining the commencement of the period within which an election may be made, the effective date on which a person shall be deemed to have become employed in the public service is the earlier of

• (a) the first day in respect of which the person received remuneration as a full-time employee, and

• (b) where the person’s first employment in the public service was as a part-time employee, the later of

  • (i) January 1, 1981, and

  • (ii) the first day in respect of which the employee received remuneration as a part-time employee.

(2) Subject to subsections (10) to (13), (15) and (16), for the purposes of Part I of the Act, the effective date on which a person shall be deemed to have ceased to be employed in the public service is

• (a) the day following the last day for which the person received remuneration in respect of employment in the public service unless

  • (i) the person, while an employee, died in which case they shall be deemed to have ceased to be employed the day following the day of their death,

  • (ii) the person is absent without pay, on that day, in which case if they return to duty and is reinstated in pay they shall not be deemed to have ceased to be employed in the public service during that absence, or

  • (iii) the person falls within the description set out in paragraph (b), (c) or (d) of this subsection in which case the date as provided in such paragraph shall apply;

• (b) where the person is on authorized leave of absence without pay

  • (i) the day following the date on which the deputy head has advised the Minister in writing that the employee ceased to be employed,

  • (ii) the day following the date of their death, or

  • (iii) subject to any Act of Parliament governing employment outside the public service, the day on which the person becomes subject to any other pension or superannuation plan,

  whichever first occurs;

• (c) where the person is absent without pay and no leave has been authorized,

  • (i) the day following the date the deputy head advises the Minister in writing that the employee ceased to be employed, or

  • (ii) the day following the date of their death,

  whichever first occurs; and

• (d) where the person is under suspension under the provisions of any Act of the Parliament of Canada,

  • (i) the effective date specified in the written advice from the deputy head to the Minister, or

  • (ii) the day following the date of their death,

  whichever first occurs.

(3) Except where otherwise specified, subsection (2) does not apply to the following persons:

• (a) a sessional employee;

• (b) a prevailing rate employee employed on a seasonal basis; or

• (c) a seasonal employee.

(4) For the purposes of Part I of the Act, the effective date upon which a sessional employee to whom the Act applies ceases to be employed in the public service is the first day of the session of Parliament immediately following the session in which they were actively employed unless

• (a) within a period of 10 days from such first day they return to duty, or

• (b) before such first day the Speaker of the House of Parliament in which the employee is or was employed advises the Minister in writing that the employee has ceased to be employed on some other day before such first day,

except that if the employee is actively employed in the public service the effective date of ceasing to be employed in that position shall be determined by subsection (2).

(5) No sessional employee, unless they are actively employed in the public service, shall count as pensionable service any period between sessions of Parliament, and no sessional employee, unless they are actively employed in the public service, shall contribute to the Superannuation Account in respect of any such period.

(6) Subsection (4) does not apply to a sessional employee in respect of a special or emergency session of Parliament where, during such session, the employee does not or did not perform any services for Parliament.

(7) A special or emergency session of Parliament shall be deemed, for the purposes of subsection (5), to be or to have been a period between sessions of Parliament where a sessional employee does not or did not perform any services for Parliament during such Session.

(8) For the purposes of Part I of the Act, the effective date upon which a prevailing rate employee employed on a seasonal basis, or a seasonal employee to whom the Act applies, ceases to be employed in the public service shall be deemed to be the first day they are required to return to duty following the season in which they were actively employed unless

• (a) within a period of 10 days from the first day they return to duty, or

• (b) before such first day, the deputy head of their department advises the Minister in writing that the employee has ceased to be employed on some other day before such first day,

except that if the employee is actively employed in the public service the effective date of ceasing to be employed in that position shall be determined by subsection (2).

(9) No person who is a prevailing rate employee employed on a seasonal basis or who is a seasonal employee, unless they are actively employed in the public service, shall count as pensionable service any period between seasons applicable to their employment and no such person, unless they are actively employed in the public service, shall contribute to the Superannuation Account in respect of any such period.

(10) Subject to subsections (11) and (12), a contributor shall, for the purposes of Part I of the Act, be deemed to have ceased to be employed in the public service where the contributor

• (a) ceases to be employed in any branch of the public service;

• (b) becomes employed immediately thereafter in another branch of the public service;

• (c) becomes a contributor under a pension plan for employees of that branch; and

• (d) ceases to contribute to the Public Service Pension Fund under section 5 of the Act.

(11) Every contributor to whom subsection (10) would have applied had that contributor not, prior to November 1, 1960,

• (a) ceased to be employed in a branch of the public service, and

• (b) become employed in another branch of the public service,

is, for the purposes of Part I of the Act, deemed to have ceased to be employed in the public service on November 1, 1960.

(12) A contributor who elects, or has elected, to become a contributor pursuant to the Royal Canadian Mounted Police Superannuation Act shall be deemed, for the purposes of Part I of the Act, to have ceased to be employed in the public service on the day preceding the day in respect of which they begin to contribute pursuant to the Royal Canadian Mounted Police Superannuation Act.

(13) Except as provided in subsection (10), a contributor shall not, for the purposes of Part I of the Act, be deemed to have ceased to be employed in the public service where they ceased to be employed in any portion of the public service and became employed in some other portion of the public service if only

• (a) a day of rest,

• (b) a day declared a general holiday by competent authority, or

• (c) both a day of rest and a day declared a general holiday by competent authority

intervened between the last work day for which they received pay in the first mentioned portion of the public service and the first working day in respect of which they received pay in the next mentioned portion of the public service.

(14) [Repealed, SOR/2016-203, s. 17]

(15) For the purposes of Part I of the Act, a person

• (a) who was employed in the Engineering Services Branch of the Department of Regional Economic Expansion at Amherst, Nova Scotia, at the time the functions of that Branch were taken over by the Council of Maritime Premiers, and

• (b) whose pensionable service was not transferred under an agreement entered into between the Minister and the Council pursuant to section 30 of the Act

shall be deemed to have ceased to be employed in the public service on December 29, 1973.

(16) [Repealed, SOR/2016-203, s. 17]

(17) For the purposes of Part I of the Act, a person who was employed by the Newfoundland and Labrador Development Corporation Limited on December 31, 1990 shall be deemed to have ceased to be employed in the public service on January 1, 1991.

(18) For the purposes of Part I of the Act, a person who made an election pursuant to section 14 of the Act and who was by virtue of that section deemed to be employed in the public service on December 14, 1994 shall be deemed to have ceased to be employed in the public service as at the end of that day.