Public Service Superannuation Regulations

3 (1) For the purpose of the definition active service in the forces in subsection 2(1) of the Act,

active service

active service means full-time service as a member of

• (a) a component of the naval, army or air forces of Canada while that component was on active service having been placed on active service by the Governor in Council pursuant to the Militia ActFootnote ¹, or

  • Return to footnote ¹Repealed by S.C. 1950, c. 43, s. 250.

• (b) a component of the naval, army or air forces of Her Majesty other than the forces specified in paragraph (a), or any of the Allies of Her Majesty, while members of that component were subject to service in a theatre of war; (activité de service)

veterans’ hospital

veterans’ hospital means, with respect to any person, any place where that person underwent, on an in-patient basis or on an out-patient basis with allowances, treatment authorized by the Department of Veterans Affairs, the Department of Pensions and National Health or the Department of Soldiers’ Civil Re-establishment. (hôpital d’anciens combattants)

(2) For the purposes of the Act,

an employee engaged locally outside Canada

an employee engaged locally outside Canada means a person engaged outside Canada for services outside Canada with the exception of any such person who

• (a) is appointed to a continuing position during pleasure in accordance with the Public Service Employment Act, or

• (b) is appointed in accordance with any executive authority and who was, immediately prior to January 1, 1954, a contributor to the Superannuation Account; (employé recruté sur place à l’étranger)

full-time

full-time, in respect of a person employed in the public service, means

• (a) where normal hours of work per week are established for employees in the occupational group of which the person is a member, engaged to work for the greater of the normal hours of work per week so established and 30 hours per week,

• (b) where no normal hours of work per week are established for employees in the occupational group of which the person is a member, engaged to work 37.5 hours per week, or

• (c) employed concurrently in more than one part-time position where the aggregate of the quotients of A ÷ B, calculated in respect of each such position, is equal to or greater than one,

  where, in respect of each position,

  A

  is the average number of hours per week for which the person is engaged to work, and

  B

  is the normal hours of work per week established for full-time employees in the occupational group of which the person is a member, or

• (d) except for the purposes of subsection 5(1) of the Act, in respect of employment before July 4, 1994, appointed as a commissioner under Part I of the Inquiries Act or to a position in respect of which the person has been granted the powers of such a commissioner; (plein temps)

part-time employee

part-time employee means a person employed in the public service who is engaged to work, on average, for a total of at least 12 hours per week, in all positions in which the person is employed, but who is not a full-time employee; (employé à temps partiel)

seasonal employee

seasonal employee means,

• (a) in respect of employment before July 4, 1994, a person who

  • (i) was certified in accordance with the Public Service Employment Act to be a seasonal employee, or

  • (ii) was appointed, at a stated annual salary, to perform duties for a period of less than 12 months in successive years of employment, other than a person who was appointed as a teacher at a school established under the Indian Act or an ordinance of the Northwest Territories,

  but for the purposes of paragraph 5(1)(b) of the Act, does not include a person who, immediately prior to becoming a person described in subparagraph (i) or (ii), was a person who was required to contribute under subsection 5(1) of the Act, and

• (b) in respect of employment after July 3, 1994, a person employed in the public service who in each year has one or more scheduled periods of lay-off of at least three consecutive months; (employé saisonnier)

sessional employee

sessional employee means a person who

• (a) is an employee of either House or of both Houses of Parliament, and

• (b) is employed for one or more sessions of Parliament,

but, for the purpose of paragraph 4(1)(f) of the Act, does not include a person who, immediately prior to becoming a person to whom paragraph (a) or (b) applies, was a person who was required to contribute under subsection 4(1) of the Act. (employé de session)

(3) For the purposes of the definition salary in subsections 3(1) and 47(1) of the Act, the basic pay of a part-time employee is

• (a) where the part-time employee works less than the average number of hours per week for which the employee is engaged to work, the remuneration that the employee would have received if the employee had worked that average number of hours; and

• (b) in any other case, the remuneration received by the employee in respect of the average number of hours per week for which the employee is engaged to work.

(4) [Repealed, SOR/94-483, s. 1]