Portions of the Public Service General Divestiture Regulations (SOR/2018-143)

Marginal note:Definitions

1 The following definitions apply in these Regulations.

Act

Act means the Public Service Superannuation Act. (Loi)

new employer

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 public service. (nouvel employeur)

Marginal note:Application

• 2 (1) Subject to subsection (2), 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 after the day on which these Regulations come into force.

• Marginal note:Exception — person re-employed

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

• Marginal note:Non-application — survivor and children

  (3) Sections 4 to 6 do not apply to the survivor or 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 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) Despite subsection (1), if, on or after the day on which these Regulations come into force, a person, were it not for these Regulations, would be entitled to a return of contributions under subsection 12(3) or 12.1(4) of the Act, the person may request, in writing, the return of contributions within one year after the day 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 is entitled to exercise an option in favour of the transfer value referred to in 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) or 12.1(8) of the Act;

• (b) the allowances referred to in subsection 13(3) or 13.001(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 to 13.01 of Act

8 For the purposes of sections 12 to 13.01 of the Act, the age of the person when they cease to be employed in the public service is their age on the day on which they cease to be employed by the new employer.

Marginal note:Coming into force

9 These Regulations come into force on the day on which they are registered.