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 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).

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, other than a person who exercises an option in accordance with subsection (4), is deemed, for the purposes of the application of section 13.01 of the Act, to be employed by a new employer as that term is defined in subsection 83(1) of the Public Service Superannuation Regulations.

• (3) Despite subsection (1), if on or after September 1, 2002 a person would be entitled, were it not for these Regulations, to a return of contributions under subsection 12(3) of the Act, he or she may request, in writing, the payment of that entitlement within one year after the date on which the person ceases to be employed in the Public Service and becomes employed by the new employer.

• (4) Despite subsection (1), if on or after September 1, 2002 a person would be entitled, were it not for these Regulations, to exercise an option under section 13.01 of the Act, he or she may exercise that option within one year after the date on which the person ceases to be employed in the Public Service and becomes employed by the new employer.

Survivor and Children

4 For the purposes of subsection 12(8) of the Act, the survivor and children of a person who dies while employed by the new employer are entitled to a death benefit equal to a return of contributions.

5 For the purposes of subsection 13(3) of the Act, the survivor and children of a person who dies while employed by the new employer are entitled to the allowances described in paragraphs 12(4)(a) and (b) of the Act, subject to the limitations set out in subsections 12(4) and (5) of the Act.

6 For 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.

Adaptation of Subsection 10(5) of the Act

7 For 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

8 For 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.

9 For the purposes of sections 12 and 13 of the Act, the age of a person when the person ceases to be employed in the Public Service is the age of the person on the day on which that person ceases to be employed by the new employer.

Coming into Force

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