SOR/2003-28620037

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20196

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PUBLIC SERVICE SUPERANNUATION ACTFINANCIAL ADMINISTRATION ACTPortions of the Department of Health Divestiture RegulationsT.B.83052620037

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The Treasury Board, on the recommendation of the President of the Treasury Board, pursuant to paragraph 42.1(1)(u)a and subsection 42.1(2)a of the Public Service Superannuation Act and paragraph 7(2)(a) of the Financial Administration Act, hereby makes the annexed Portions of the Department of Health Divestiture Regulations.aS.C. 1992, c. 46, s. 22Definitions

1The following definitions apply in these Regulations.Act means the Public Service Superannuation Act. (Loi)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 Department of Health. (nouvel employeur)

Application

2(1)Subject to subsections (2) and (3), 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.(2)These Regulations do not apply to a person who subsequently becomes re-employed by the new employer.(3)Sections 4 to 9 do not apply to a person who has received a return of contributions pursuant to subsection 3(3) or has exercised an option in accordance with subsection 3(4).SOR/2016-203, s. 82(E)

Applicable Provisions

3(1)Sections 12 to 13.01 of the Act only apply to a person on and after the date on which that person ceases to be employed by the new employer.(2)A person who does not exercise an option in favour of the transfer value referred to in section 13.01 of the Act is deemed to be employed by a new employer within the meaning of subsection 83(1) of the Public Service Superannuation Regulations.(3)However, if on or after September 1, 2002, were it not for these Regulations, a person would be entitled to a return of contributions under subsection 12(3) or 12.1(4) of the Act, they 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 would be 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.(4)[Repealed, SOR/2016-203, s. 79]SOR/2016-203, s. 79

Survivor and Children

4The 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; or(b)the allowances referred to in subsection 13(3) or 13.001(3) of the Act.SOR/2016-203, s. 80

5[Repealed, SOR/2016-203, s. 80]

6For the purposes of subsection 26(2) of the Act, a child who was born to or adopted by a person or became the stepchild of the person during the period that begins on the date on which the person ceases to be employed in the public service and that ends on the date on which that person ceases to be employed by the new employer is entitled to an allowance under Part I of the Act.SOR/2016-203, s. 82(E)

Adaptation of Subsection 10(5) of the Act

7For the purposes of subsection 10(5) of the Act, the one year period referred to in paragraph 10(5)(a) of the Act begins on the date on which the person ceases to be employed by the new employer.

Adaptation of Sections 12 to 13.01 of the Act

8For the purposes of sections 12 to 13.01 of the Act, pensionable service includes the period of service with the new employer that begins on the date on which the person ceases to be employed in the public service and that ends on the date on which the person ceases to be employed by the new employer.SOR/2016-203, s. 82(E)

9For 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.SOR/2016-203, s. 81

Coming into Force

10These Regulations are deemed to have come into force on September 1, 2002.