Public Service Superannuation Regulations

7 (1) Subject to subsection 5.3(2) of the Act and subsections (2) and (3), a contributor who is absent from the public service on leave without pay is required to contribute to the Public Service Pension Fund

• (a) in respect of the first three consecutive months of their period of absence, the amount that they would have been required to contribute under section 5 of the Act had they not been absent; and

• (b) in respect of the remainder of their period of absence, twice the amount that they would have been required to contribute under section 5 of the Act had they not been absent.

(2) Subject to subsection 5.3(2) of the Act, a contributor who is absent from the public service on leave without pay, is required in the following cases, to contribute to the Public Service Pension Fund, in respect of the period of that absence, the amount that they would have been required to contribute under section 5 of the Act had they not been absent

• (a) the deputy head of the employing department certifies to the Minister that the contributor is absent

  • (i) for the purpose of undergoing training or instruction that is advantageous to the department,

  • (ii) by reason of illness or injury,

  • (iii) for the purpose of providing care or support to a person, if the leave is taken during a period for which an unemployment benefit is payable to the contributor under section 23.1, 23.2 or 23.3 of the Employment Insurance Act,

  • (iv) for the purpose of serving with a board, commission or agency that is an agent of Her Majesty in right of Canada but not part of the public service,

  • (v) for the purpose of serving with any organization, including a government other than the Government of Canada, but not including a public service bargaining agent or a credit union, and the service of that contributor with that organization is to the advantage of the department or is being performed at the request of the Government of Canada,

  • (vi) for the purpose of serving in the Canadian Armed Forces, or

  • (vii) because of personal needs for a period not exceeding three months and leave for personal needs was approved by the appropriate authority;

• (b) is during that absence an employee engaged locally outside Canada by Her Majesty in right of Canada;

• (c) the leave that is a leave provided for under Division VII of Part III of the Canada Labour Code — if the contributor is entitled to that leave under that Act — and the deputy head of the employing department certifies to the Minister that the leave is one provided for under that Division; or

• (d) the leave is taken because of a pregnancy — including any leave without pay taken during a period for which an unemployment benefit may be payable to the contributor under section 22 of the Employment Insurance Act — and the deputy head of the employing department certifies to the Minister that the leave is taken for that reason.

(3) Subject to subsection 5.3(2) of the Act, when a contributor is absent from the public service, on leave without pay, in order to care for their newborn child or a child placed with them for the purpose of adoption, the deputy head of the employing department certifies to the Minister that the contributor is on leave without pay for that reason and the leave is taken during a period for which an unemployment benefit may be payable to them under section 23 of the Employment Insurance Act or a benefit may be payable to them under a provincial law for the same reasons as those for which an unemployment benefit might be payable to them under that section, the contributor is required to contribute to the Public Service Pension Fund in respect of any portion of the period of absence that falls within the 78-week period following the birth or the adoption of the child the amount that the contributor would have had to contribute under section 5 of the Act had they not been absent.