Portions of the Department of Agriculture and Agri-Food Divestiture Regulations
AI-assisted research summary: These regulations define a “new employer,” apply to certain employees who move from the public service to that employer, create exceptions, and give some people rights to request benefits within a one-year period.
Portions of the Department of Agriculture and Agri-Food Divestiture Regulations 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)b of the Public Service Superannuation Actc and paragraph 7(2)(a) of the Financial Administration Actd, hereby makes the annexed Portions of the Department of Agriculture and Agri-Food Divestiture Regulations. S.C. 2003, c. 22, par. 225(z.19) S.C. 1992, c. 46, s. 22 R.S., c. P-36 R.S., c. F-11 New employer For the purposes of these Regulations, 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 Agriculture and Agri-Food. Application 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. Exception — person re-employed However, these Regulations do not apply to a person who becomes re-employed by the new employer. Exception — survivor and children Moreover, sections 4 to 6 do not apply to the survivor and children of a person who has received a return of contributions or has exercised an option in accordance with subsection 3(2). When certain provisions are applicable Sections 12 to 13.01 of the Public Service Superannuation Act (the “Act”) only apply to the person on or after the day on which they cease to be employed by the new employer. Exceptions However, if on or after January 1, 2010, were it not for these Regulations, a person would be entitled to a return of contributions under subsections 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. Benefits for survivor and children The 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: the death benefit under subsection 12(8) or 12.1(8) of the Act; or the allowances referred to in subsection 13(3) or 13.001(3) of the Act. Subsection 26(2) of Act For the purposes of subsection 26(2) of the Act, a person is deemed to cease to be employed in the public service on the day on which they cease to be employed by the new employer. Subsection 10(5) of Act For the purposes of subsection 10(5) of the Act, the one-year period referred to in paragraph (a) of that subsection begins on the day on which the person ceases to be employed by the new employer. Pensionable service For the purposes of sections 12 to 13.01 of the Act, pensionable service includes the period of service that begins on the day on which the person ceases to be employed in the public service and that ends on the day on which they cease to be employed by the new employer. Sections 12 to 13.01 of Act For 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. Coming into force These Regulations are deemed to have come into force on January 1, 2010.