Portions of the Department of National Defence Divestiture Regulations
3 (1) Sections 12, 13 and 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) Despite subsection (1), where, on or after April 1, 1998 a person would be eligible, were it not for these Regulations, to exercise an option under section 12, 13 or 13.01 of the Act, the person may exercise such an option in accordance with the Act if the person ceases to be employed in the Public Service and becomes employed by a new employer listed in the schedule.
(3) Despite subsection (1), except in the case referred to in subsection (2), where, on or after April 1, 1998 a person would be eligible, were it not for these Regulations, to exercise an option under subsection 12(3), paragraph 13(7)(a) or (b) or section 13.01 of the Act, the person may exercise such an option
(a) in the cases referred to in paragraphs 13(7)(a) and (b) of the Act, no later than June 20, 1998; and
(b) in the cases referred to in subsection 12(3) and section 13.01 of the Act, no later than 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) A person who has exercised an option under subsection (2) or (3) is deemed not to have become employed by the new employer for the purposes of these Regulations and of sections 83 to 99 of the Public Service Superannuation Regulations and is not entitled to exercise an option pursuant to subsection (1) when the person ceases to be employed by the new employer.
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