Watson Lake Hospital Divestiture Regulations (SOR/2010-290)

Marginal note:New employer

1 For the purposes of these Regulations, 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 carried out by Watson Lake Hospital, formerly a portion of the Yukon Government.

Marginal note:Application

• 2 (1) 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.

• Marginal note:Exception — person re-employed

  (2) However, these Regulations do not apply to a person who becomes re-employed by the new employer.

• Marginal note:Exception — survivor and children

  (3) Moreover, sections 4 to 6 do not apply to the survivor and children of a person who has received a return of contributions or has exercised an option in accordance with subsection 3(2).

Marginal note:When certain provisions are applicable

• 3 (1) Sections 12 to 13.01 of the Public Service Superannuation Act (the “Act”) only apply to the person on or after the day on which they cease to be employed by the new employer.

• Marginal note:Exceptions

  (2) However, if on or after April 1, 2010, were it not for these Regulations, a person would be entitled to a return of contributions under subsection 12(3) of the Act, the person may request, in writing, the return of contributions within one year after the date on which they cease to be employed in the public service and become employed by the new employer, and if, in the same circumstances, a person would be entitled to exercise an option under section 13.01 of the Act, they may exercise the option within the same period.

Marginal note:Benefits for survivor and children

4 The survivor and children of a person who dies while employed by the new employer are entitled to one of the following benefits to which they would have been entitled if the person had been employed in the public service:

• (a) the death benefit under subsection 12(8) of the Act; or

• (b) the allowances referred to in subsection 13(3) of the Act.

Marginal note:Subsection 26(2) of Act

5 For the purposes of subsection 26(2) of the Act, a person is deemed to cease to be employed in the public service on the day on which they cease to be employed by the new employer.

Marginal note:Subsection 10(5) of Act

6 For the purposes of subsection 10(5) of the Act, the one-year period referred to in paragraph (a) of that subsection begins on the day on which the person ceases to be employed by the new employer.

Marginal note:Pensionable service

7 For the purposes of sections 12 to 13.01 of the Act, pensionable service includes the period of service that begins on the day on which the person ceases to be employed in the public service and that ends on the day on which they cease to be employed by the new employer.

Marginal note:Sections 12 and 13 of Act

8 For the purposes of sections 12 and 13 of the Act, a person’s age when they cease to be employed in the public service is the person’s age on the day on which they cease to be employed by the new employer.

Marginal note:Group 1 contributor

8.1 A contributor to whom these Regulations apply is considered to be a Group 1 contributor.

Marginal note:Coming into force

9 These Regulations are deemed to have come into force on April 1, 2010.