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Public Service Superannuation Regulations

Version of section 30 from 2016-06-23 to 2024-05-01:

  •  (1) Subject to this section where, during any relevant period,

    • (a) a person has ceased to be employed in the public service and has again become employed therein, or

    • (b) the duties or conditions of employment of a person employed in the public service have altered,

    his service through that period is deemed to be substantially without interruption (or substantially continuous) within the meaning of the Act.

  • (2) Subsection (1) does not apply for the purposes of paragraph 5(1)(c) of the Act in respect of a person referred to in that paragraph who accepts a temporary appointment in the public service, in respect of which the average number of scheduled hours of work per week is 30 or more, for a period of more than three months.

  • (3) Subsection (1) does not apply for the purposes of paragraphs 5(1)(b) and (c) of the Act where, during the relevant period, an employee ceased to be employed in the public service for any reason for more than one day.

  • (4) Subsection (1) does not apply for the purposes of clause 6(1)(a)(iii)(E) of the Act in respect of the relevant period where an employee, during that period,

    • (a) being a contributor under the Superannuation Act ceased to be a contributor; or

    • (b) being required to contribute in accordance with subsection 5(1) of the Act ceased to be so required to contribute.

  • (5) Subsection (1) does not apply for the purposes of section 12 of the Act in respect of the relevant period where an employee, during that period, ceased to be employed in the public service for a continuous period exceeding one day.

  • (6) For the purposes of subsections 13(4) and 13.001(4) of the Act, subsection (1) does not apply

    • (a) if the person ceased to be employed in the public service and the person did not become re-employed in the public service within three months after the day on which they ceased to be so employed;

    • (b) in respect of a period of service referred to in paragraph 13(5)(a) or 13.001(6)(a) of the Act, if the person did not become employed in the public service within three months after the day on which they ceased to be a member of the regular force or of the Force; or

    • (c) in respect of a period of service referred to in paragraph 13(5)(b) or 13.001(6)(b) of the Act, if the person did not become employed in the public service within the time required by the agreement, or within three months after the day on which they cease to be employed by the eligible employer, whichever is the shorter period.

  • (7) Subsection (1) does not apply for the purpose of section 31 of the Act in respect of the relevant period where an employee, during that period, ceased to be employed in the public service or ceased to be a member of the regular forces or of the Force for any reason and did not again become employed in the public service or become a member of the regular forces or of the Force within three months from the date on which they so ceased to be employed or to be a member.

  • (8) Subsection (1) does not apply for the purpose of subsection 11(5) of the Act in respect of the relevant period where an employee during that period ceased to be employed in the public service for a continuous period exceeding three months.

  • SOR/93-450, s. 11(F)
  • SOR/94-483, ss. 5, 9
  • SOR/2016-203, ss. 19, 43(E), 46(E)

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