Nordion and Theratronics Employees Pension Protection Regulations (SOR/95-421)

Short Title

1 These Regulations may be cited as the Nordion and Theratronics Employees Pension Protection Regulations.

Applicable Provisions

2 Subject to sections 3 and 4, the Public Service Superannuation Act and the regulations made under that Act apply to a person who has made an election under paragraph 9(1)(d) of the Nordion and Theratronics Divestiture Authorization Act before May 1, 1998.

3 Subsections 12(4), (6) and (7) and 13(2) and (3) of the Public Service Superannuation Act do not apply in respect of

• (a) a surviving spouse of an employee of Nordion or Theratronics, as the case may be, who became a spouse of that employee on or after the date on which shares of Nordion or Theratronics, as the case may be, were first sold or otherwise disposed of, unless the employee had again become a contributor under the Public Service Superannuation Act; or

• (b) a child of an employee of Nordion or Theratronics, as the case may be, who was conceived by, adopted by, or became the stepchild of, that employee on or after the date on which shares of Nordion or Theratronics, as the case may be, were first sold or otherwise disposed of, unless the employee had again become a contributor under the Public Service Superannuation Act.

Adapted Provisions

4 For the purposes of section 9 of the Nordion and Theratronics Divestiture Authorization Act,

• (a) in subparagraphs 10(9)(b)(i) and (ii) of the Public Service Superannuation Act, the year in which a person ceased to be employed in the Public Service is the year in which the person ceased to be employed by Nordion or Theratronics, as the case may be;

• (b) in subsections 12(1) to (3) and (6) to (8) and section 13 of the Public Service Superannuation Act

  • (i) the number of years of pensionable service and the number of years of service of an employee of Nordion or Theratronics, as the case may be, includes any period of service with Nordion or Theratronics, as the case may be, during the period beginning on the day following the date on which shares of Nordion or Theratronics, as the case may be, are first sold or otherwise disposed of and ending on the day preceding the day on which the person ceases to be employed by Nordion or Theratronics, as the case may be, and

  • (ii) the day on which a person ceases to be employed in the Public Service is the day on which that person ceases to be employed by Nordion or Theratronics, as the case may be; and

• (c) in subsection 69(3) of the Public Service Superannuation Act, the retirement year or retirement month of a person who is an employee of Nordion or Theratronics, as the case may be, is the year or month, as the case may be, in which the shares of Nordion or Theratronics, as the case may be, are first sold or otherwise disposed of.

5 An option under section 12 or 13 of the Public Service Superannuation Act exercised by an employee of Nordion shall be deemed to be null and void and the benefits to which that employee is entitled under that Act and the regulations made pursuant to that Act shall be determined as if sections 2 to 4 of these Regulations applied, with such modifications as the circumstances require, to that employee on the day on which that employee made that option, where the employee is a person who

• (a) meets the criteria set out in paragraphs 9(1)(a) and (d) of the Nordion and Theratronics Divestiture Authorization Act;

• (b) ceased to be employed by Nordion and exercised that option on or after so ceasing to be employed but prior to the date on which these Regulations are published in the Canada Gazette; and

• (c) in exercising that option, acted upon erroneous or misleading advice received from a person employed in the Public Service whose ordinary duties included the giving of advice respecting an option under the Public Service Superannuation Act, which information led the employee to believe that the exercising of that option would not disentitle the employee from making an election to have the terms of these Regulations apply in the determination of the benefits to which the employee would become entitled under that Act.

Coming into Force

6 These Regulations shall be deemed to have come into force on November 9, 1991.