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1999-001-e.html

SUPERANNUATION ADMINISTRATION MANUAL
SPECIAL BULLETIN: 1999-001


Appendix A

Appendix B


January 6, 1999



SUBJECT: Waiver of Annual Allowance Reduction - Eligibility Criteria

1

PURPOSE

1.1 The purpose of this Bulletin is to provide Compensation Specialists with details regarding the waiver of an Annual Allowance reduction under the Public Service Superannuation Act (PSSA) for employees aged 55 to 59 and who have at least 10 years of Public Service employment.
1.2 In this text, use of the masculine is generic and applies to both men and women.
2

POLICY

2.1 On November 5, 1998, the Treasury Board of Canada (TB minute 82-6678) approved the criteria which will be used to determine the entitlement to a waiver of the reduction in the annual allowance payable to any PSSA contributor who meets the age and employment eligibility criteria specified in the Act and who has ceased to be employed as a result of a work force adjustment situation.
2.2 The Treasury Board authority is effective June 23, 1998 for those fourteen (14) signatory groups subject to the Work Force Adjustment Directive, 1998 (WFAD) as well as to all unrepresented or excluded employees and executives.
2.3 The authority is effective August 29, 1998 for employees covered by the Work Force Adjustment Appendix (WFAA) to the Public Service Alliance of Canada collective agreements.
2.4 This Waiver policy will end when this authority is revoked or replaced.
3

ELIGIBILITY

3.1 For purposes of the waiver approval described in 2.1 above, a contributor who meets any one of the following conditions will be considered to have "involuntarily ceased to be employed" as a result of a work force adjustment situation:
(A) a contributor to whom the WFAD or the WFAA applies and who is:

i. a surplus employee who has not received a guarantee of a reasonable job offer under the WFAD or WFAA and who is laid off, or who resigns in exchange for a payment representing payment in lieu of surplus period;

ii. an employee whose services will no longer be required because of a work force adjustment situation, who has not received a guarantee of a reasonable job offer and who is granted a Transition Support Measure in accordance with the WFAD or WFAA and who resigns from the Public Service;

iii. an employee whose services are no longer required by reason of a total facility closure, who has not received a reasonable job offer and who resigns from the Public Service and is granted a retention payment in accordance with section 6.4.5 of the WFAD or WFAA;

iv. an employee affected by a relocation of a work unit and who has not received a reasonable job offer and who resigns and is granted a retention payment in accordance with section 6.4.7 of the WFAD or WFAA;

v. an employee whose services are no longer required by reason of a transfer of work or function to another employer, and who has not received an offer of contiguous employment from that employer and who resigns and is granted a retention payment in accordance with section 6.4.9 of the WFAD or WFAA;

(B) an Executive who has been declared surplus, who has not received an offer of alternative employment in the public service and does not receive a negotiated settlement that includes compensation for a reduction in the amount of benefit payable under the PSSA and who terminates employment;
(C) a Governor in Council appointee whose position is abolished and who does not receive a negotiated termination settlement that includes compensation for a reduction in the amount of benefit payable under the PSSA;
(D) a term employee whose term has ended and who would have, immediately prior to accepting the term position, met the conditions for a waiver of a reduction in his or her annual allowance;
(E) an employee for whom Treasury Board is not the employer and who;

i. is a surplus employee who is laid off or resigns in accordance with an involuntary work force adjustment program; or

ii. is a surplus employee who has employment protection under the terms of a collective bargaining agreement and who resigns under a program designed to meet the employer's work force adjustment objectives; or

iii. is an employee whose services are no longer required by reason of the transfer of work or function to an employer outside the Public Service and who is not offered contiguous employment with the new employer; and

who, on ceasing to be employed, did not receive involuntary departure benefits that are greater than the involuntary departure benefits available to employees for whom Treasury Board is the employer.

3.2 Employees who receive an Educational Allowance pursuant to the WFAD or the WFAA will NOT be considered to have "involuntarily ceased to be employed".
4

PROCEDURES

4.1 The certification of an individual's eligibility for a pension waiver is delegated within a department or Agency, as determined by the deputy head. The Superannuation Directorate should be advised of any changes to the delegated authority within your department.
4.2 The "Certification of Waiver of Reduction of Annual Allowance" forms PWGSC-TPSGC 2429 and PWGSC-TPSGC 2429-1 will be amended to reflect the current policy and must be used to certify the eligibility of employees subject to the waiver of an annual allowance reduction. In the meantime the attached Appendix A should be used for employees for whom Treasury Board is the employer, and Appendix B for those employees for whom Treasury Board is not the employer.
4.3 The revised PWGSC 2429 and PWGSC 2429-1 will be ordered from the appropriate Printing Plant.

A forms advice will be issued once these forms become available.

4.4 Completed Certification forms must be sent to the Secretary of the Treasury Board in care of the Superannuation Directorate of Public Works and Government Services Canada, P.O. Box 5010, Moncton, New Brunswick, E1C 8Z5.
5

INQUIRIES

5.1 Any request for information regarding the foregoing should be addressed to your Public Works and Government Services Canada (PWGSC) Compensation Services Office.

Original Signed by
P. Charko



P. Charko
Director General
Compensation Sector
Government Operational Service

Reference: CJA 9032-40
CJA 9203-13(1)(c)(ii)(C)

Certification of Eligibility for an Unreduced Annual Allowance
for Employees for Whom Treasury Board is the Employer (Appendix A)

Employee's Name:

Superannuation Number:

The above-named individual was at least age 55 at termination and has been employed in the Public Service for at least 10 years.

I certify that the individual concerned has met the following requirements for receipt of an unreduced Annual Allowance as specified in the Superannuation Administration Manual Special Bulletin no. SB 1999-001.

A) A contributor to whom the Work Force Adjustment Directive (WFAD) or the Work Force Adjustment Appendix (WFAA) applies and who is:

a. a surplus employee who has not received a guarantee of a reasonable job offer under the WFAD or the WFAA and who is laid-off, or resigns in exchange for a payment representing payment in lieu of surplus period;
b. an employee whose services will no longer be required because of a work force adjustment situation, who has not received a guarantee of a reasonable job offer and who is granted a Transition Support Measure in accordance with the WFAD or WFAA and who resigns from the Public Service;
c. an employee whose services are no longer required by reason of a total facility closure, who has not received a reasonable job offer and who resigns from the Public Service and is granted a retention payment in accordance with section 6.4.5 of the WFAD or WFAA;
d. an employee affected by relocation of a work unit and who has not received a reasonable job offer and who resigns and is granted a retention payment in accordance with section 6.4.7 of the WFAD or WFAA;
e. an employee whose services are no longer required by reason of a transfer of work or function to another employer, and who has not received an offer of contiguous employment from that employer and who resigns and is granted a retention payment in accordance with section 6.4.9 of the WFAD or WFAA;

B) an Executive who has been declared surplus, who has not received an offer of alternate employment in the Public Service and does not receive a negotiated settlement that includes compensation for a reduction in the amount of benefits payable under PSSA and who terminates employment;

C) a Governor in Council appointee whose position is abolished and who does not receive a negotiated settlement that includes compensation for a reduction in the amount of benefit payable under the PSSA;

D) a term employee whose term has ended and who would have, immediately prior to accepting the term position, met the conditions for a waiver of a reduction in his or her annual allowance.

I further certify that this employee has not received an educational allowance, was not in receipt of either a reasonable job offer or a guaranteed reasonable job offer.

Signature of Deputy Head Equivalent or Delegated Authority:
Title
Department/Employer:
Contact Person: Telephone No.: ( )
Facsimile No.: ( )

Certification of Eligibility for an Unreduced Annual Allowance
for Employees for Whom Treasury Board is Not the Employer (Appendix B)

Employee's Name:

Superannuation Number:

The above-named individual was at least age 55 at termination and has been employed in the Public Service for at least 10 years.

I certify that the individual concerned has met the following requirements for receipt of an unreduced Annual Allowance as specified in the Superannuation Administration Manual Special Bulletin no. SB 1999-001.

A) an employee for whom Treasury Board is not the employer and who :

a. is a surplus employee who is laid-off or resigns in accordance with an involuntary work force adjustment program; or
b. is a surplus employee who has employment protection under the terms of a collective bargaining agreement and who resigns under a program designed to meet the employer's work force adjustment objectives; or
c. is an employee whose services are no longer required by reason of the transfer of work or function to an employer outside the Public Service and who is not offered contiguous employment with the new employer; and

who on ceasing to be employed , did not receive involuntary departure benefits that are greater than the involuntary departure benefits available to employees for whom Treasury Board is the employer.

Signature of Deputy Head Equivalent or Delegated Authority:
Title:
Department/Employer:
Contact Person: Telephone No.: ( )
Facsimile No.: ( )