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DATE: December 12, 2003
Ministers' Exempt Staff Joining PSSRA Schedule I, Part I Service
The purpose of this notice is to provide you with information in relation to the portability of benefits from former members of
the Ministers' Exempt Staff as a result of the Cabinet Change effective December 12, 2003.
In order to determine which benefits and/or entitlements are transferable to PSSRA Schedule I, Part I Service, the definitions
of continuous service, continuous employment, and/or continuous/discontinuous service are to be applied.
Service with the Ministers' Exempt Staff is recognized as Public Service under the Public Service Superannuation Act.
However, it is not recognized as service under the Public Service Staff Relations Act.
Please note that where the cessation of employment as a member of the Minister's Exempt Staff is due to the Minister no longer
holding his or her position is not defined as a "Lay-Off" under the Public Service Terms and Conditions of
Employment Regulations. It is defined as a "Cessation of Order-in-Council - Change of Ministry (PWGSC Reason code 18).
When the employee chooses to leave prior to the Minister ceasing to hold his or her position, the reason for termination is
"Resignation" (PWGSC Reason code 01, 02 or 03).
Attached is a chart illustrating the details and examples on the administration of the above-noted subject.
Departmental Compensation managers and Staff Relations managers should direct any questions that they may have to their
corporate Compensation officials who, if need be, can contact the Pay Administration Section.
Treatment of Ministers' Exempt Staff upon appointment to PSSRA I-I Service
as an Indeterminate Employee or Term employee over 3 months
Benefit /
Entitlement |
Authority |
Definition |
Application |
| Rate of pay on appointment |
Based on continuous service
Public Service Terms and Conditions of Employment Regulations (PSTCER) Sections 22, 23, 24, 26
Relevant collective agreement |
Continuous service is an unbroken period of Public Service employment as defined in the Public Service Superannuation
Act (PSSA). Continuous service is broken when employment ceases for at least one compensation day between two periods
of Public Service employment. |
No break in service (< one compensation day): service as an exempt employee in the minister's staff
is continuous service for purposes of determining the rate of pay on appointment - Promotion/Deployment or transfer by
appointment rules must be applied.
Break in service (one compensation day): the rate of pay on appointment shall be the minimum rate
applicable to the position to which the employee is appointed. |
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Sick leave credits |
Based on continuous employment
PSTCER Sections 3, 4, 5, 15, 16
Relevant collective agreement |
Continuous employment is one or more periods of service in the Public Service, as defined in the PSSA, with allowable
breaks only as provided for in the terms and conditions of employment applicable to the employee. |
Resignation: In accordance with Section 3(A)(i) of the PSTCER the allowable break for continuous
employment purposes cannot exceed 3 calendar months. Sick leave credits can be carried over to PSSRA I-I Service, as long as
the employee meets the definition of continuous employment. |
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Sick leave credits (continued) |
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Cessation of Order-In-Council - Change in ministry: In accordance with Section 3(A)(iv) of the PSTCER,
the allowable break is unlimited. Sick leave credits can be carried .over to PSSRA I-I Service, as long as the employee
meets the definition of continuous employment. |
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Vacation leave credits |
PSTCER 9 |
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Employee's first option is to be paid for the unused vacation leave credits, upon termination of employment in the
Minister's Exempt Staff. However, he or she may opt to transfer the credits into PSSRA I-I Service, subject to Deputy Head
discretion. |
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Vacation leave accrual |
As per relevant collective agreement
Based on Continuous/discontinuous service or continuous employment |
Continuous/discontinuous service is one or more periods of service in the Public Service as defined by the Public
Service Staff Relations Act (PSSRA).
Service as a member of the Minister's Exempt Staff is not recognized as Public Service under the PSSRA. |
Relevant collective agreement must be consulted.
Where accrual is based on continuous/discontinuous service, prior service as a Minister's Exempt Staff is not included in
the calculation.
Where accrual is based on continuous employment, prior service as Minister's Exempt Staff is included in the calculation. |
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Severance pay |
As per relevant collective agreement
Based on continuous employment |
Continuous Employment is one or more periods of service in the Public Service, as defined in the PSSA, with allowable
breaks only as provided for in the terms and conditions of employment applicable to the employee. |
There is no provision for the transfer of the severance pay liability into PSSRA I-I Service. Prior service in the
Minister's Exempt Staff, however, is considered to be continuous employment for severance pay purposes, but the period in
respect of which the employee was granted any type of termination benefit is to be reduced from the severance benefits
payable to an employee upon termination from PSSRA I-I Service. |
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