Public Service Superannuation Regulations

36 (1) Any contributor, to whom paragraph 10(6)(b) of the Act applies, who elected to count as pensionable service any period of elective service specified in clause 5(1)(b)(i)(A) of the Act, or who elects to count as pensionable service any period of elective service specified in clause 5(1)(b)(i)(B) who

• (a) immediately prior to his enlistment in the forces was engaged in the Public Service otherwise than on a full-time basis, or

• (b) was employed in the Public Service immediately prior to his enlistment in the forces during either World War I or World War II but was not so employed immediately prior to his enlistment in the forces during the other war and subsequent to his period of active service in the forces during the other said war was engaged in the Public Service otherwise than on a full-time basis,

shall be deemed, for the purposes of paragraph 10(6)(b) of the Act, to have been, while so engaged,

• (c) employed in the Public Service; and

• (d) to have received salary at a rate equal to the rate of salary authorized, at the relevant time, to be paid to a person holding, or performing the duties of, the full-time position in the Public Service which most nearly corresponds to the position held by the contributor, as determined by the Treasury Board.

(2) Any contributor to whom subparagraph 10(6)(c)(ii) of the Act applies or any contributor who has to his credit pensionable service that includes a period during which he was on active service in the forces during World War I or World War II, not having been employed in the Public Service immediately prior to his enlistment, who elected to count as pensionable service any period of elective service specified in clause 5(1)(b)(i)(A) of the Act, or who elects to count as pensionable service any period of elective service specified in clause 5(1)(b)(i)(B) and who, upon subsequently becoming employed in the Public Service, was engaged therein otherwise than on a full-time basis, shall be deemed, for the purposes of paragraph 10(6)(c) of the Act, to have been, while so engaged,

• (a) employed in the Public Service; and

• (b) to have received salary at a rate equal to the rate of salary authorized, at the relevant time, to be paid to a person holding, or performing the duties of, the full-time position in the Public Service which most nearly corresponds to the position held by the contributor, as determined by the Treasury Board.

(3) Any contributor who elected to count as pensionable service any period of elective service, specified in clause 5(1)(b)(i)(A) of the Act, or who elects to count as pensionable service any period of elective service, specified in clause 5(1)(b)(i)(B), during which he was engaged, otherwise than on a full-time basis, as a postmaster in a revenue post office or as an assistant to a postmaster in a revenue post office, shall be deemed, for the purposes of subsection 10(1) of the Act and for the purposes of paragraphs 10(6)(b) and (c) of the Act, to have been, while so engaged, employed in the Public Service if, in the case of an assistant to a postmaster in a revenue post office, the Deputy Postmaster General certifies in the form prescribed by the Minister, that

• (a) he was not a personal employee of the postmaster; and

• (b) his employment as an assistant to the postmaster was necessary to ensure the operation of the office in accordance with the ordinary standards of the postal service, having regard to the volume of work undertaken by the office from time to time.

(4) A contributor to whom subsection (3) applies shall be deemed, for the purposes specified therein, to have received, at the relevant time, salary at a rate certified by the Deputy Postmaster General to be the appropriate rate at which salary would have been payable to the contributor from time to time during his employment as a postmaster in a revenue post office, or an assistant to a postmaster in a revenue post office, in accordance with the relevant schedule of salaries in force at the time the contributor made the election to count the pensionable service referred to in subsection (3).

(5) The period of pensionable service to the credit of a person in respect of a time with regard to which he elected to contribute to the Superannuation Account on the basis that he was engaged, during that time, otherwise than on a full-time basis as a postmaster in a revenue post office or as an assistant to a postmaster in a revenue post office shall be the proportion of the period of his employment as such postmaster or assistant for which he has elected to contribute to the Superannuation Account that the rate of salary in respect of which he contributed or contributes for that period is of the minimum rate of salary authorized at the time of his election for a postmaster or for an assistant to a postmaster who was required during the hours or periods of his active employment to devote his constant attention to the performance of the duties of his position.

(6) Where an employee who is normally employed on a full-time basis at a position during only part of the year is, due to the seasonal nature of his employment, engaged other than on a full-time basis for any other period during the year and who during such other period receives a portion of the normal pay for employment on a full-time basis at his position, the employee shall be deemed during such other period

• (a) to have been employed on a full-time basis; and

• (b) to have been in receipt of such salary as he would have received had he in fact been engaged, during such other period, at his position on a full-time basis.

(7) Where a contributor who is normally employed at a position during the year on a full-time basis is, due to the granting of educational leave, engaged other than on a full-time basis for any other period during the year or during the entire year and who during such other period or during the entire year receives a portion of the normal pay for employment on a full-time basis at his position, the contributor shall be deemed during such period or such year

• (a) to have been employed on a full-time basis; and

• (b) to have been in receipt of such salary as he would have received had he in fact been engaged, during such other period or such year, at his position on a full-time basis.