Compensation
Sector Web Site |
|
|
![](/web/20061210215424im_/http://www.pwgsc.gc.ca/clf02/images/spacer.gif)
|
|
|
Pay Equity Questions and Answers
PAY EQUITY QUESTIONS AND ANSWERS
ACTING
|
Q1:
|
What will happen if the department reported 238
(acting premium) outside of the dates of September 1, 1986 to April 30,
1989?
|
|
A:
|
Automatic Pay Equity payments for the period
from April 1, 1989 to July 28, 1998 will be based on the classification
reflected in Salary Service History (SSH) therefore if the substantive classification
is reflected and is one of the affected groups then this period will be
paid. The acting classification is what should really be reflected on SSH
for periods of acting after April 30, 1989 and Pay Equity should be paid
on the acting group and level if applicable.
|
|
|
|
|
Q2:
|
In some cases the acting was reported as 002
and not 238 during this period. Should this be changed?
|
|
A:
|
Yes. This should be changed for the period April
1 to April 30, 1989.
|
AUTO RETRO
|
Q1:
|
If an employee; who is currently 7C; has prior
service as 7A will the system automatically generate both portions of the
payment?
|
|
A:
|
No. The system will only automatically generate
the payment for periods of 7C service. Departments will be required to report
all periods of 7A service. The system will produce a paper proforma identifying
all past periods of 7A service for all accounts.
|
|
|
|
|
Q2:
|
Have accounts on a 6C pay cycle in the EU group
been included in the automation? Will Lotus/Excel be fixed to correctly
calculate the amounts for these accounts?
|
|
A:
|
All 6C accounts must be reported by the department
using the "ENC" screen and the appropriate Pay Equity entitlement codes
to ensure accurate payments. These accounts have not been included in the
automation. Reports will still be produced identifying these accounts.
|
|
|
|
|
Q3:
|
Employee was part-time but is now full time.
How will the system produce the payment?
|
|
A:
|
The system will calculate the payment based on
the Assigned Work Week (AWW) shown on the SSH for each period. It will prorate
the part-time service based on the AWW / 5 multiplied by the number of days
in the retro period until there is a change in AWW. The payment will be
calculated on full time hours effective from the date the employee became
full time. A notification will be produced for payments for part time service
of a possible adjustment required.
|
|
|
|
|
Q4:
|
Will the 5% be automatically produced on all
payments to 1994?
|
|
A:
|
Yes. The 5% will be automatically calculated
and paid on all retro periods ending prior to April 1, 1994.
|
|
|
|
|
Q5:
|
Some departments made recoveries using 18R049
instead of 15C301 in the past. Will PWGSC be correcting this?
|
|
A:
|
No PWGSC will not correct this. Departments must
verify all payments to ensure accuracy and may be required to do adjustments
if 18R049 was used instead of 15C301 for periods of LWOP.
|
|
|
|
|
Q6:
|
When the equalization is stopped and the pay
equity is rolled into the rate of pay will the 7A's be included in the automatic
retroactivity?
|
|
A:
|
Yes 7A's will be paid the retroactivity automatically
from 29/07/98 to date along with the 7B and 7C accounts.
|
|
|
|
|
Q7:
|
Why were some pay equity cheques processed with
double lines of payments?
|
|
A:
|
The employee must have 2 master employee records
on the system. This would happen when the employee transferred to another
master and the master was not transferred to the new department account.
|
|
|
|
|
Q8:
|
If I must do a PAC to pay a missed period, do
I have to report a PAC for the additional 5%?
|
|
A:
|
No, the system is programmed to pay the 5% automatically
as long as the pay equity entitlement codes are used to request the payment.
|
|
|
|
|
Q9:
|
How do I report the periods for the missed period?
|
|
A:
|
Report the periods by fiscal year, breaking the
service by pensionable and non pensionable service. We must also remember
to break the period at the 31-03-1994 for the payment of the 5%.
|
|
|
|
|
Q10:
|
Which codes do we use to report the missed period?
|
|
A:
|
We must always use the newly created pay equity
entitlement codes. This will ensure that the payments are charged to TBS
and not the departmental account.
|
|
|
|
|
Q11:
|
If the cheque is cancelled, will PWGSC process
another one automatically?
|
|
A:
|
No, the Compensation Advisor must wait until the cheque is cancelled
by the accounting section at PWGSC and then report the pay actions via
on-line to cover the full period of payment.
|
|
|
|
|
Q12:
|
Which PAC must we use to request a payment?
|
|
A:
|
If SSH is correct, and a pay equity line is posted
on SSH, request the payment with an EAJ. If salary service is correct but
the pay equity payment line is missing request the payment via an ENC action,
using the new pay equity codes. Do not request the 5% additional payment
as the system will generate this payment automatically. If the payment was
made at the wrong amount, report an ENA to request the difference in rate.
If the rate is correct on SSH but the incorrect number of days were paid,
request the amount missing with an EAJ. If there is an error on the MER
or SSH, corrections must be done accordingly. (ENC or MIS) A PAC ENC must
also be reported to request the payment.
|
|
|
|
|
Q13:
|
If a payment was received at the wrong rate
how do we pay the difference?
|
|
A:
|
If a correction is required to the MER or SSH
then the account must be corrected accordingly. Then an ENA must be reported
using the old rate and the new rate to pay the underpaid amount.
|
|
|
|
|
Q14:
|
If an employee did not receive any payment, can
we request the payment now?
|
|
A:
|
Before requesting a payment, verify with the
former departments if the employee's payment was processed on their paylist.
SSH must also be verified to confirm that no payment was processed. If a
cheque was processed the pay equity lines will appear on SSH. If you do
not know where the employee may have worked previously, please contact your
Client Service Centre to help you identify a former employer.
|
DEDUCTIONS
|
Q1:
|
How will DI and DB be adjusted?
|
|
A:
|
Departments are to calculated the amount of adjustment
required and collected the arrears from a future pay equity supp using the
new "SDD" screen.
|
|
|
|
|
Q2:
|
Can debts due to the crown be recovered from
the pay equity payments and how?
|
|
A:
|
These amounts can be recovered using the code
540 and the "SDD" screen that has been created for departmental use for
deductions from a supp. All Pay Equity adjustments including interest are
garnishable.
|
|
|
|
|
Q3:
|
Can we process requests to have extra tax withheld
from Pay Equity supps? Employee completed a TD3.
|
|
A:
|
A TD3 is to be used for non employment income
only and does not apply to pay equity. The employee can complete a TD1 and
have extra tax withheld from their future ongoing regular pays.
|
DUAL
|
Q1:
|
How will the system issue cheques for dual employment?
|
|
A:
|
If the employee is currently on dual employment
(TSOS with one department and working with a second department) two cheques
will be issued. One for each department. If the employee has PAST periods
of dual employment then all the payment will be produced under the current
employing department. In these instances there may be retro periods paid
and superannuation deficiencies collected for the same period and adjustments
will be required.
|
|
|
|
|
Q2:
|
How will the system issue cheques for dual remuneration?
|
|
A:
|
If the secondary position is paid using the code
027 or 232, then pay equity will only be paid on the primary position and
the department will be required to report adjustments that may be owing
on the secondary position if applicable. If the employee is currently receiving
two cheques (from two different departments) then two pay equity adjustment
cheques will be produced if the employee occupies two position within the
affected groups.
|
INTEREST
|
Q1:
|
How will interest be calculated and paid?
|
|
A:
|
A: Interest will be calculated on April 1 and
October 1 of each retroactive year based on the following formula: Gross
adjustment (including 5% Lump sum if applicable) x 90% divided by 2 x (Canada
Savings Bond rate divided by 2). The adjustment has to have been earned
in the previous six month period before interest can be calculated. Interest
is not compounded.
|
|
|
|
|
Q2:
|
What interest rate will be used?
|
|
A:
|
The interest is to be calculated on the Pay Equity
adjustments paid to eligible employees at the Canada Savings Bond rates
determined on April 1 and October 1 of each year up to the production date
of the actual supplemetary payment.
|
|
|
|
|
Q3:
|
How will the system know what to pay?
|
|
A:
|
Interest is calculated and paid on the pay equity
codes. The amount of Pay Equity adjustment for each fiscal year is totaled
prior to applying the formula. The total amount must have accumulated 6
months before interest is accrued on the amount.
|
|
|
|
|
Q4:
|
Is interest calculated on adjustments owing?
|
|
A:
|
Yes, interest is calculated on all adjustments.
For recalculations of both entitlements and separation benefits the to-date
is used to determine the date at which the entitlement is due. The same
date determines the fiscal year to which the payment applies and the date
from which the interest is calculated.
|
|
|
|
|
Q5:
|
What dates will be used on the interest payments?
|
|
A:
|
Transactions created for interest payments will
have the from and to date on the transaction the same as the due date of
the payment. Example from 01-10-86-1 to 01-10-86-2.
|
|
|
|
|
Q6:
|
What is the date that interest payments are scheduled
to run?
|
|
A:
|
The initial run for interest payments is scheduled
for November 24, 2000 for all transactions reported up to that date. A second
run is tentatively scheduled for January/2001. This run will pay interest
on all adjustments reported after 24/11/2000.
|
|
|
|
|
Q7:
|
Can overpayments be collected from the interest
payments?
|
|
A:
|
Yes, overpayments can be collected from the interest
payment. Client departments must create the overpayment prior to the interest
run. An overpayment produces a register. To pay the interest, the system
will read all the transactions on the register data base file. If the overpayment
is not created prior to the run, then interest will be calculated on the
incorrect amount.
|
|
|
|
|
Q8:
|
How do we collect an overpayment off the interest
payment?
|
|
A:
|
If you want an overpayment specifically to come
off the interest payment, the overpayment must be entered in the overpayment
screen (OVD) in the system in the supplemetary run prior to the interest
run. If the entry is done too early, the collection could come off any other
entitlements that the employee may receive.
|
|
|
|
|
Q9:
|
What deductions will come off the interest payments?
|
|
A:
|
Interest payments are not subject to any statutory
deductions. In other words the interest income will not be taxed at source
but will be included as income when the employee files his return.
|
|
|
|
|
Q10:
|
Will employees be issued T-5 Statement of Interest
Income slips?
|
|
A:
|
Employees will be issued the T-5 to use when
filing their income tax returns for the taxation year 2000.
|
|
|
|
|
Q11:
|
Is interest always non taxable at source?
|
|
A:
|
Interest payments are non taxable. However,
if you are a non resident the payments are taxable at source using the applicable
non resident tax rate.
|
|
|
|
|
Q12:
|
How will Compensation Advisors know if an employee
is a non resident?
|
|
A:
|
The non resident must inform his Compensation
Advisor that he is a non resident.
|
|
|
|
|
Q13:
|
How will the Compensation Advisor
know what tax rate to charge?
|
|
A:
|
The withholding rate is generally 25% of the
gross interest paid. However, provisions of a tax convention, a tax agreement
or a protocol between Canada and another country may provide a reduced rate.
CCRA has provided a list with an up to date rate. This list has been forwarded
to the Compensation Services Office.
|
|
|
|
|
Q14:
|
How does the Compensation Advisor enter the income
tax amount to be collected off the pay equity payment?
|
|
A:
|
The Compensation Advisor manually calculates
the amount of income tax to be withheld from the payment and creates a supplementary
deduction (SDD) screen with code 595 lump sum. The pay period field is to
be left blank.
|
|
|
|
|
Q15:
|
Can superannuation deficiencies be recovered
off the interest payments?
|
|
A:
|
Yes, deficiencies can be recovered from the interest
payments. Deductions must be timed to enter in the same for the same night
as the interest run.
|
|
|
|
|
Q16:
|
What happens if a cheque is not cancelled prior
to the interest run?
|
|
A:
|
The interest payment will be overpaid. Client
departments can either return the cheque and reissue the payment or enter
an OVD on the account that will go against the employees next regular pay
cheque.
|
|
|
|
|
Q17:
|
How will the Compensation Advisor verify the
interest payments?
|
|
A:
|
TBS will provide the client community with a
computer based application that can be used with the lotus and excel spreadsheets
to calculate the interest.
|
|
1ST INTEREST RUN PROCESSED NOVEMBER 24,
2000
EXTRACTED DATA FROM THE REGISTER DATA BASE UNTIL NOVEMBER 22,
2000
|
|
SCENARIO |
PAYMENT DATE |
RESULT |
ACTION
REQUIRED |
|
Pay Equity Supps
paid for 8/3/85 to 14/6/2000
|
Payments issued between
Apr./00 and Sept./00
|
Interest payment
issued Nov. 24/00
|
No Action Required
|
|
Pay Equity Supps
paid for 8/3/85 to 14/6/2000
Cheque cancelled
Pay Equity Supp repaid in Oct./00
|
Payments issued between
Apr./00 and Sept./00
Cancelled cheque in Sept./00
Reissued Oct./00
|
Interest payment
issued Nov. 24/00
|
No Action Required
|
|
Pay Equity Supps paid for 8/3/85 to 14/6/2000, Overpayment
entered prior to Oct./00
|
Supp dated Apr./00
and Sept./00
Overpayment dated prior to Oct./00
|
Interest Payment
issued Nov. 24/00
|
No Action Required
|
|
Pay Equity Supps
paid for 8/3/85 to 14/6/2000,
Overpayment entered
after Oct. 1/00 but prior to Nov. 22/00
|
Supp dated Apr./00
and Sept./00
Overpayment dated after Oct.1/00 but prior to Nov. 22/00
|
Interest payment
calculated on supp incl. Apr./00. Interest calculated in October on OVD
amount. A minus is posted on the account.
|
If both PE supp and
OVD created after Sept./00 and OVD amount greater than supp then interest
not correct for Oct./00. These accounts will appear on a report and must
be verified by the Dept.
|
|
Recalculation Done for 98-00
|
Cheque dated prior
to Oct. /00
|
Interest calc. up
to Apr./00.
|
No Action Required
|
|
Recalculation
Done for 98-00
|
Cheque dated after
Oct. 1/00
|
Interest calc. up
to Oct. /00
|
No Action Required
|
|
Recalculation Done for 98-00,
Overpayment entered Sept/00
|
Recalculation done June/00
Overpayment entered Sept./00
|
Interest calculated
considering overpayment up to Apr./00.
|
No Action
Required
|
|
Recalculation Done for 98-00,
Overpayment Entered Oct/00
|
Recalculation done June/00.
Overpayment entered in Oct. /00.
|
Interest payment
calculated on supp incl. Apr. /00.
OVD is after Oct./00.
Interest is calculated in October on OVD amount. A minus
is posted on the account.
|
If PE supp issued
after Sept. /00 and OVD created for amount greater than supp after Sept./00
then interest not correct for Oct./00. These accounts will appear on a report
and must be verified by the Dept..
|
|
Recalculation Done
Oct. 15/00,
Recalculation cheque cancelled in Dec./00 after interest
run.
|
Interest Payment
issued Nov, 24/00.
|
Interest cheque is
overpaid the amount of interest calculated on the recalculation cheque.
|
Compensation Advisor
to enter amount of interest overpaid.
|
|
INTEREST PAYMENTS (SECOND RUN)
DATA RETRIEVED FROM NOVEMBER 23, 2000 ONWARDS
|
|
SCENARIO
|
PAYMENT DATE |
RESULT |
ACTION
REQUIRED |
|
Pay Equity cheque
returned and cancelled after interest payment issued.
Pay Equity balance owed to employee.
|
Cheque dated Sept.
15/00 canc. Dec. 1/00.
Balance owing re-issued Dec. 3/00.
|
Nov. Interest overpaid
due to Canc. cheque.
PE due is greater than interest overpayment.
Second
run will calculate automatically.
|
Dept. calculates
amount of overpaid interest . Compare OVD to balance of PE owing.
Enter OVD code 246 for the overpaid interest.
|
|
Pay Equity cheque
returned and cancelled after interest payment issued.
Pay Equity balance owed to employee.
|
Cheque dated Sept.
15/00 canc. Dec. 1/00
Balance re-issued Dec/00
|
Nov. Interest overpaid
due to Canc. cheque. PE due is less than interest overpayment.
Second run will print minus amount on report. No cheque produced.
|
Dept. calculates
amount of overpaid interest. Compare OVD to balance of PE owing.
Enter OVD code 246 for the overpaid interest from Nov. and
EAJ for interest on balance of PE due.
|
|
Pay Equity cheque
returned and cancelled after interest payment issued.
|
Cheque dated Sept.
15/00 cancelled Dec. 1/00
|
Nov. Interest cheque
is overpaid. No additional PE owing.
|
Department to calculate
amount of overpaid interest from Canc. cheque and enter OVD code 246.
|
|
Overpayment of PE
entered after interest payment issued.
Nov. Interest cheque is cancelled.
|
Overpayment entered
Dec. 1/00.
Interest cheque cancelled Dec. 4/00
|
No additional PE
owing therefore no amount for second run to calculate.
|
Department calculates
interest and repays using EAJ.
|
|
Pay Equity paid from
Apr. to Sept./00.
Interest issued Nov. 24/00
PE OVP entered after first interest run.
|
Cheque dated Sept.
15/00 overpaid.
Overpayment entered Dec. 1/00.
|
Interest is overpaid on PE OVD
Second run will print minus amount on report.
|
Dept calculates amount
of interest overpaid and enters an OVD code 246.
|
|
Recalculation done
after Nov. 22/00
|
Cheque dated Dec.
1/00
|
Cheque date will
reflect on register data base as after Nov. 22/00.
|
Interest will be
issued on the payment in the second interest run.
|
|
Recalculation cheque
paid in Sept./00 cancelled after Nov./00 interest run.
|
Recalculation cheque
cancelled Dec. 2/00
|
Overpaid the amount
of interest calculated on the original cheque.
|
Dept. calculates
amount of interest overpaid and enters an OVD code 246.
|
|
Recalculation done
after Nov. 22/00.
Cheque cancelled after the Nov. 22/00
|
Recalc cheque dated
Dec.1/00
Canc. Cheq. dated Dec.8/00
|
Register Data Base
will reflect a positive and negative amount
|
Interest will not
be calculated on this supp as the balance = 0.
|
|
Recalculation done
after Nov. 22/00
Overpayment entered using dates from recalculation.
|
Recalculation done
Dec. 1/00
Overpayment done Dec. 8/00
|
Both transactions
will refect on the Register Data Base.
|
System will look
at positive and negative amounts and calculate interest if balance is greater
than 0. If balance is less then amount will appear on report.
|
LWOP
|
Q1:
|
For periods of Maternity Leave; will this be
automated and how will the payment be calculated?
|
|
A:
|
Programming for the retro period from April 1,
1989 to July 28, 1998 inclusive will read the reason code for all LWOP periods.
If the reason code is K and the employee was active the day prior to the
start of the LWOP then the system will treat the employee as active for
a period of 17 weeks (85 calendar days), or until a change in reason code,
or until RE-TOS date, whichever is earliest. For the retro period from July
29, 1998 to date, maternity leave will be treated as LWOP and departments
will be required to recalculated and adjust the maternity benefits paid.
|
|
|
|
|
Q2:
|
Is parental leave to be treated the same as maternity
leave when calculating the payments; in other words not reflected as LWOP?
|
|
A:
|
Only periods where maternity benefits
were paid is this period to be considered as active and not treated as LWOP.
The system has no record of benefits paid therefore in order to automate
the majority periods of maternity leave will be paid but departments are
responsible for verifying that benefits were paid during this period.
|
|
|
|
|
Q3:
|
If only a portion of the 17 weeks maternity leave
period was paid, how do we pay the balance owing?
|
|
A:
|
You must report a EAJ with the pay equity code
269 for the period not paid. The system will generate the 5% additional
payment if applicable.
|
|
|
|
|
Q4:
|
Why is a period of maternity leave not treated
as active and the 17 weeks not paid?
|
|
A:
|
If a transaction was processed for the employee
with an effective date that is during the period of maternity leave(such
as a stat increase or a revision) then the employee is considered to have
broken their maternity leave service and pay equity adjustments are only
paid up to the day prior to the effective date of the change.
|
PENSIONS
|
Q1:
|
Will pension deficiencies be collected from the
pay equity adjustments reported on the Excel / Lotus proforma? Will the
system calculate the additional PSSA for Operational employees with PEN?
For employees who were non pensionable and are now pensionable will PSSA
only be picked up for the pensionable time?
|
|
A:
|
Pension contributions will be withheld from all
Pay Equity adjustments reported using the pensionable codes including the
Excel / Lotus proforma based on the employees current contributor code in
F39 of the MER. If F39 = 10 or 18 (PEN examples) and the retro period is
after 1996 then the special rate will be used for the calculations. Pension
contributions will not be calculated on the periods of adjustments that
are reported using a non pensionable code. If the employee has previous
pensionable service but is now a non contributor (F39 > 50) then the
pension will not be withheld on any of the adjustments.
|
|
|
|
|
Q2:
|
Employees that were part time non pensionable
prior to 1994 are now pensionable. Will the system calculate PSSA for the
entire period.
|
|
A:
|
PSSA will be calculated for the periods paid
using a pensionable code only and only if the employee is currently a contributor.
|
|
|
|
Note that Questions 3 to 7 apply
to former employees who have received a Pay Equity payment following termination
of employment, and who opted for an annuity or lump sum pension benefit
other than a Return of Contributions.
|
|
|
|
|
Q3:
|
For SOS accounts where the Pension Support System
(PSS) was used on termination, why is it necessary to perform the "SUBMIT"
action via the PSS for all Pay Equity cases? Normally, there is an automatic
recalculation by the PSS and Superannuation Directorate is automatically
notified of the change.
|
|
A:
|
The "automatic trigger" process is not being
used for Pay Equity cases, because the pension recalculation is not to be
done until all pensionable Pay Equity payments have been paid to the individual.
Therefore, the Compensation Advisor must perform the "SUBMIT" action in
order to notify the Superannuation Directorate once all pensionable payments
have been made.
|
|
|
|
|
Q4:
|
For SOS accounts where the PSS was not used
on termination, and where the client department used on-line pay or bulk
input instead of the Lotus/Excel Pay Equity Tools, how are the additional
pensionable Pay Equity earnings to be reported to the Superannuation Directorate?
|
|
A:
|
In this case, the Compensation Advisor is to
report the additional pensionable earnings in one of the following ways:
|
|
|
1)
|
By performing the "SUBMIT" (SUBM) action via the PSS
and completing the "Certification Notice--Pension Support System"
(PWGSC-TPSGC 2386). In this case, it will be necessary to determine
and verify the salary and service for the former employee's best five
or six years, as applicable, in the same manner as for a new termination
case.
|
2)
|
By completing an Excel/Lotus spreadsheet to attach to
the PWGSC-TPSGC 2386.
|
|
|
|
|
|
Q5:
|
What if the account is no longer resident on
the Contributor System?
|
|
A:
|
The process described in item 2) above is to
be followed instead of attempting to create the account on the Contributor
System.
|
|
|
|
|
Q6:
|
In cases where the PSS is not used to report
the additional pensionable Pay Equity earnings, how are the additional earnings
as a result of the recalculation of all salary related events (e.g. promotions,
acting pay, etc.) to be reported?
|
|
A:
|
In these cases, the additional pensionable earnings
are to be added to the Excel/Lotus spreadsheets along with the Pay Equity
payments.
|
|
|
|
|
Q7:
|
There are several cases where a former employee
who received the Pay Equity settlement also received a salary revision as
a result of a new collective agreement, a reclassification, and/or a recalculation.
How are these final salaries to be reported to the Superannuation Directorate?
|
|
A:
|
Only one PWGSC-TPSGC 2386 is to be completed.
Compensation Advisors must attach an explanation to the form to indicate
the applicable authority for each salary (e.g. Pay Equity settlement, collective
agreement, etc.), the date of each authority, and the salary that relates
to each date. This information is required in order to determine the final
salary for Supplementary Death Benefit purposes.
|
RECALCULATIONS
|
Q1:
|
How will employees that are salary protected
be treated for pay equity?
|
|
A:
|
Salary protected employees will be paid pay equity
based on the classification reflected on the SSH (the classification of
the position that the employee actually occupies). Departments will be required
to recalculated effective April 1, 1994 to determine if salary protection
still applies and may be required to adjust accordingly.
|
|
|
|
|
Q2:
|
Will "Premium pay in lieu of statutory holiday"
(4.25%) be automatically paid on the adjustments?
|
|
A:
|
This allowance is to be recalculated only effective
from 29/07/98 and is not to be paid prior to this date. It will not be paid
automatically but must be calculated and reported by the department.
|
|
|
|
|
Q3:
|
Which screen do we use to report the adjustment
of overtime?
|
|
A:
|
The adjustment of overtime is reported on the
extra-duty pay (EDP) screen using the new pay equity codes created for extra-duty
entitlements.
|
|
|
|
|
Q4:
|
Will Treasury Board Secretariat (TBS)
be issuing an information Bulletin to aid client departments in the recalculation
process?
|
|
A:
|
TBS issued a bulletin entitled "Pay Equity Agreement
between TBS and PSAC" dated July 24, 2000, that deals with various recalculation
situations. This bulletin should be read in conjunction with previous bulletins
dated January 27, 2000, and April 3, 2000.
|
|
|
|
|
Q5:
|
When doing recalculations, when is recovery action
required?
|
|
A:
|
Recovery action may be required in the case
of the automatic updates of the rates of pay effective July 29, 1998. When
the blended rates were implemented, the rate was revised to the rate immediately
below the rate previously being paid (straight down). Upon recalculation,
if the rate is incorrect, departmental input is required to recover the
salary overpayment between the automatic revised rate and the rate at which
the employee should have been paid. Departments are also required to change
the ongoing salary rate.
|
|
|
|
|
Q6:
|
What effect does the date of November 16, 1999,
have on the salary charges?
|
|
A:
|
The Pay Equity retroactive period is from March
8, 1985, to November 15, 1999, (the date preceding the date on which the
agreement was approved by the Canadian Human Rights Tribunal [CHRT]). Events
occurring between April 1, 1994 and November 15, 1999, inclusively, which
were authorized prior to November 16, 1999, and are the result of a change
to the rate of pay, should be charged to Pay Equity. Events authorized on
or after November 16, 1999, should be recalculated using the blended rates
and there should be no additional charges to pay equity. Any adjustments
owing or overpaid due to the recalculation of the events authorized after
November 15, 1999, are to be charged to the department.
|
|
|
|
|
Q7:
|
I have an employee who commenced acting pay
in an AS-01 position effective March 15, 1994. Do we do a recalculation
of the acting pay effective April 1, 1994, or because the period of acting
pay actually commenced prior to April 1,1994, do we not do the recalculation.
|
|
A:
|
No, you do not recalculate the acting
with a start date effective prior to April 1, 1994. If the employee is appointed
to the AS-01 position subsequent to the acting and AFTER April 1, 1994,
then you would recalculate the appointment only and not the acting. Recalculations
are to be done if the event has a start date of April 1, 1994, or later.
|
|
|
|
|
Q8:
|
An employee as a CR-3 maximum (paid at $29,934) received acting at the
CR-4 level effective December 12, 1999, at the second step (paid at $31,155).
When the blended rates were updated his salary was revised to $33,738.
When we recalculate the acting he should have been appointed to the minimum
of the CR-4. Since recalculation is done after the implementation of the
blended rates do we correct the rate to the minimum and create an overpayment?
Prior to Blended
Rates |
Recalculation
with Blended Rates |
CR-3: $27,601, $28,377, $29,155, $29,934
|
CR-3: $29,664, $30,440, $31,218, $31,997
|
CR-4: $30,283, $31,155, $32,026,
$32,892
|
CR-4: $32,866, $33,738, $34,609,
$35,475
|
Lowest increment: $866
|
Lowest increment: $866
|
$29,937 + $866 = $30,800
|
$31,997 + $866 = $32,863
|
|
|
A:
|
Treasury Board has specified that, upon recalculation due to pay equity,
an employee cannot receive less than his previous rate of pay. Since the
previous rate of pay was $31,155 and the minimum revised CR-4 rate is
$32,866 (greater than $31,155) the employee's rate of pay must be adjusted.
Adjustments OWING due to pay equity recalculations must be paid using
a pay equity code and charged to Treasury Board. Since the acting pay
was authorized AFTER November 15, 1999, the acting rate of pay must be
changed to the minimum of the CR-4 ($32,866) and an overpayment is to
be created using the pay equity codes under which the adjustment was original
paid (code 277--Pay Equity Basic Pay Adjustment or 278--Pay Equity Basic
Pay Adjustment--Non-superannuable). Amounts that are owing due to the
recalculation are to be paid using the regular codes (002 for acting pay/acting
appointment or 001 for basic pay) and charged to the department. Using
your example:
CR-3 blended rate effective 20-06-99 is $31,997 Acting CR-4 blended rate effective 12-12-99 is $32,863 Recalculation of acting CR-4 cannot be less than previously received ($32,863)
and minimum CR-4 is $32,866. Therefore, the employee loses a step but
still receives more than before.
|
|
|
|
|
Q9:
|
Currently working in pay period 14-00 and processing
recalculation transactions for acting pay for question above. For the retroactivity
owing from December 12, 1999, to current do I use code 277 up to the end
of pay period 12-00 (07-06-00) [when the blended rates where updated] and
put my REV 002 in effective June 8, 2000, (pay period 13 start date) and
pay 10 days retroactivity as code 002 or should all retroactivity be charged
to Pay Equity code 277 (TB) up to the current pay period (pay period 14-00)
and REV 002 effective pay period 14-00 start date? If some clients don't
get around to making the recalculations until October 2000, TB will be charged
with all this retro, whereas an account which needed no recalculation has
had their blended rates charged to the department from pay period 13 onwards.
|
|
A:
|
Regardless of when the department actually reports
the recalculation of an event that was authorized prior to November 16,
1999, the adjustment for the period up to the end of pay period 12-00 (June
7, 2000) is to be charged or credited to Treasury Board and reported using
code 271 or 272 for the period up to July 28, 1998, and code 277 or 278
for the period from July 29, 1998, to June 7, 2000. The department is to
be charged with the all adjustments from June 8, 2000, to the date the transaction
changes the ongoing rate of pay or from the event effective date if it was
authorized after November 15, 1999.
|
|
|
|
|
Q10:
|
What happens when an employee is a SI-2 and is
reclassified to a CR-4 (salary protected at the SI-2 rate of pay) and then
receives an acting assignment as a PM-2 after June 1998? The assignment
to the PM-2 was calculated originally from the SI-2 rate and brought him
to the second step of the PM-2. Do we use the new blended CR-4 rate to recalculate
the acting pay? If we do, then the acting should be at the third step of
the PM-2. Or do we just ignore the CR-4 blended rate for recalculation purposes
since the employee was salary protected at the SI-2 rate?
|
|
A:
|
The SI reclassification to the CR is to be recalculated
on the effective date of the action as well as the acting assignment. If
the recalculation of the acting from the CR blended rate to the PM-2 brings
the employee to the third step, then an adjustment is to be paid between
the second and third step for the period of acting using pay equity code
277 or 278 if the acting was approved prior to November 16, 1999.
|
|
|
|
|
Q11:
|
I have a case where an employee is overpaid from
April 1, 2000, (promotion date). Is the department to recover the overpayment
as pay equity or as a regular salary overpayment? If they recover as pay
equity, will this be credited back to Treasury Board (as opposed to charged
to TB when payments are done)?
|
|
A:
|
The recovery of overpayment is credited to Treasury
Board since the original payments were charged to Treasury Board. This is
done automatically when the transaction is reported using the pay equity
codes.
|
|
|
|
|
Q12:
|
Prior to July 29, 1998, the rates used in the
recalculation is for administration purposes only. Does this mean that departments
are to use the amalgamated rates when doing recalculations but are not to
report the blended rates.
|
|
A:
|
Before July 29, 1998, use the amalgamated rates
for administrative purposes only and report the blended rates with an effective
from date of July 29,1998, or later.
|
SEPARATION BENEFITS AND SOS
|
Q1:
|
What dates are to be used in the reporting of
the separation benefit adjustments? What rate amounts should be used?
|
|
A:
|
When reporting the separation benefit adjustments
for employees SOS prior to 29/07/98 the original dates used for severance
pay should be used. The rate amount reported is the rate applicable for
the year in which the employee was SOS'd pro-rated to assigned work week
for part time employees. If the SOS is after 28/07/98 then all separation
benefits are to be recalculated using the blended rates of pay.
|
|
|
|
|
Q2:
|
Who will be responsible for the payment to former
employees who deceased after date of SOS? What will be the procedure? What
documents are required?
|
|
A:
|
PO will be responsible for ensure that the payments
are made payable to the "Estate of the late" and that no deductions are
withheld and a statement of remuneration is not produced for this payment.
This will be done after the department has returned the cheque for cancelation
and has submitted the transaction to report the title. If possible a copy
of the legal will should be provided to the department. If not the cheque
is made payable to the "Estate".
|
|
|
|
|
Q3:
|
What documents are required for proof of eligibility
for payment?
|
|
A:
|
Employees and former employees do not have to
prove they are eligible for the payment. There does not currently exist
a "sunset" date. If an employee has changed names then they should provide
a copy of the document authorizing the name change (marriage certificate,
decree of divorce).
|
|
|
|
|
Q4:
|
An employee was a contributor, went SOS and received
a return of contributions. This employee is now re-employed under cycle
7A as a non contributor. Why were pension contributions withheld from the
Pay Equity adjustment cheque?
|
|
A:
|
The service that was as a contributor resulted
in transactions using the entitlement code 267 and if this period was prior
to December 1996 "PE" was reflected in the Pay Period. The system automatically
calculated and collected pension contributions for this service even though
the employee is a non contributor. Message N86 was not produced but a listing
was sent to the pay office to verify all pension deductions for all 7A accounts.
|
|
|
|
|
Q5:
|
If an employee is deceased after SOS but prior
to the agreement approval date of November 16, 1999, who is responsible
for the adjustments?
|
|
A:
|
If an employee deceased after SOS but prior
to the agreement date of November 16, 1999, then the departments are responsible
to determine the "payor"' for the adjustments owing. Any automated retroactivity
cheque that is produced for these employees must be returned for cancellation.
The retroactive period of 1985 to 1989 should be created leaving the number
of days blank. Once the Payor has been identified, a PAC 34 should be reported
and a notice sent to the Pay Office to advise of the date of death after
SOS. The Pay Office will ensure that the adjustments are paid and that the
statutory deductions are not withheld from the payment and that a T4 is
not produced.
|
|
|
|
|
Q6:
|
Pay equity payments made to former employees
who have died after November 16, 1999, but prior to the payment being issued
are NOT insurable (subject to EIP) but ARE pensionable (subject to CPP/QPP/PSS).
Is this correct?
|
|
A:
|
Yes, you are right; these payments would not
be insurable (subject to the Employment Insurance Plan [EIP]). Pensionable
in this case means Canada Pension Plan (CPP) or Quebec Pension Plan (QPP)
and not the Public Service Superannuation Plan (PSSP). Payments issued after
death are not insurable. When a payment is taxable it is also pensionable
(as per the CPP and QPP legislation).
|
|
|
Note: There could be cases where the first
pay equity payment (issued in April) was insurable and the second payment
(issued in September) would not be insurable because the person died between
April and September 2000.
|
|
|
|
|
|
Q7:
|
What Pay Equity code should be used to pay the
adjustment to the balance of month of death for a former employee?
|
|
|
A:
|
The code 274 should be used to ensure that this
amount is included on the T4A or Relevé2 for the estate.
|
|
|
|
TAX WAIVERS
|
Q1:
|
Should we be offering tax waivers to SOS employees?
How will these be input for the automated runs?
|
|
A:
|
Former employees can complete a tax waiver to
be applied to the pay equity payments if they wish. Tax waivers will be
input using the departments regular input method but controlled to ensure
that these transactions are processed in the same update as the automated
runs.
|
|
|
|
|
Q2:
|
Which dates do we use to report a tax waiver
for the SOS accounts?
|
|
A:
|
A tax waiver must not be reported with a future
date. We should report the waiver using the payment dates. The same applies
to tax waivers applicable on adjustment cheques for severance pay and separation
allowances. They must be reported using the same period as the period used
for these payments.
|
PROFORMA (LOTUS / EXCEL)
|
Q1:
|
Where will the data on the spreadsheets be pulled
from?
|
|
A:
|
The data that is entered on the spreadsheet will
be entered by the Pay and Benefit Advisors from the employees pay file.
The Excel / Lotus conversion macro extraction program will pull the pay
equity data directly from the Proforma portion of the spreadsheets. That
is why client departments have been instructed to convert only the Proforma
portion of the spreadsheets to a text format.
|
|
|
|
|
Q2:
|
7A- 1985 to 1998 is on the proforma. Will the
entire period pay?
|
|
A:
|
The Excel / Lotus programs have been created
to extract the entire 7A service from the proforma portion of the spreadsheet.
|
|
|
|
|
Q3:
|
Will the ad-hoc payments show a different code
on the finance reports?
|
|
A:
|
The payments for Pay Equity will be charged to
Treasury Board if the pay equity entitlement codes are used.
|
|
|
|
|
Q4:
|
Can the departments key everything in rather
than submit the proforma?
|
|
A:
|
The Excel and Lotus spreadsheet routine is the
approved Treasury Board method to pay the period of 1985 to 1989 for 7B
and 7C accounts and the entire period for 7A accounts. As Treasury Board
has indicated that the payments should be pure for pay equity, this is the
current established process.
|
|
|
|
|
Q5:
|
If the spreadsheets are in error, will the departments
be required to key everything in on-line?
|
|
A:
|
When the diskettes are received in the regional
offices, they will be run through a process that has an edit routine. If
an error is detected, the entire diskette will be pulled from production
and a report will then be sent to the originating department for corrective
action. The department will then retrieve the backup for the disk identified
in error and perform the necessary adjustments. Once completed, the corrected
diskette will then be sent to the pay office for processing. Diskettes containing
accounts that are found to be in error will NOT be returned to the originating
department. The entire process is outlined in
Compensation
Directive 2000-009
.
|
|
|
|
|
Q6:
|
Can the H/D/W indicator on the spreadsheets
be changed?
|
|
A:
|
No. It cannot. The spreadsheets have been programmed
to indicate a DAY or an HOUR indicator under specific circumstances. Attempts
to change these indicators could cause data to become erroneous.
|
|
|
|
|
Q7:
|
Can you have more than one spreadsheet per employee?
|
|
A:
|
Yes. There is a maximum number of lines that
can be entered on the Proforma portion of the spreadsheets (40 for excel
and 50 for Lotus). Therefore, it is possible to have more than one spreadsheet
per account.
|
|
|
|
|
Q8:
|
Is everyone aware that the spreadsheets are
not calculating properly for acting situation?
|
|
A:
|
When the first version of these spreadsheets
were created, the criteria was that employees in acting situations would
be given the better benefit. However, when the actual pay equity agreement
was reached, employees in acting situations were compensated based on the
pay equity rates for the acting position itself even if the substantive
position provided a better benefit. Therefore, client departments were instructed
to only report the acting position itself for any acting situations.
|
OVERPAYMENTS
|
Q1:
|
Do we cancel overpaid cheques?
|
|
A:
|
If the amount overpaid is so large that we could not recover
it from the first available funds, then the cheque should be cancelled.
|
|
|
|
|
Q2:
|
What do we consider first available funds?
|
|
A:
|
The employee's next pay cheque, a pay equity adjustment cheque
for overtime or promotion. The overpayment should not be recovered from
the interest cheque as it is not the next available payment to the employee.
|
|
|
|
|
Q3:
|
Can an employee give a personal cheque to cover the overpayment?
|
|
A:
|
Yes. The cheque must be made payable to the Receiver General
of Canada, deposited to the departmental account and a CRT(PAC 20) using
code 566 or 567 entered in the pay system to inform the pay office that
the amount is recovered. Before this is done, the NET overpayment must be
established in the pay system via the new OVD screen.
|
|
|
|
|
Q4:
|
How does the OVD screen work?
|
|
A:
|
The Compensation Advisor must enter the from and to date of
the overpaid period and also the gross amount overpaid. The system will
calculate a net overpayment in the next pay run. The 5% lump sum will be
automatically calculated on the overpayment amount if the "effective to"
date is prior to April 1, 1994. If the "effective to" date is prior to December
27, 1996 or is between December 24, 1998 and December 23, 1999 the pay period
must be "PE". If the "effective to" date is between December 27, 1996 and
December 23, 1998 the pay period must be left "blank". The CRT screen (PAC
20) will automatically debit the overpayment element by the amount of the
personal cheque. Pay office intervention is no longer required.
|
|
|
|
|
Q5:
|
When an overpayment is collected by personal cheque, the cheque
is deposited to the departmental account. Will a journal voucher have to
be created to transfer the money back to Treasury Board using the special
pay equity coding?
|
|
A:
|
No, a journal voucher will not be required as the overpayment
process credits Treasury Board with the gross amount using to the correct
coding according to the entitlement code used.
|
|
|
|
|
Q6:
|
Please explain the overpayment process.
|
|
A:
|
Once an overpayment is in history, the overpayment will be
collected from the first available funds. The pay period on the OVD transaction
should equal PE or be left blank to ensure that the overpayment is processed
against year 2000 earnings and so that an amended T4 will not be issued.
For interest calculations, the overpayment must be processed and in history
prior to the issuance of the interest payments. It is very important that
the exact dates of the overpayment and the pay equity codes are used when
entering the overpayment. If the employee is paying by personal cheque,
the department must enter the CRT to ensure overpayment is not collected
from the next payment.
|
PUBLIC SERVICE SUPERANNUATION ACCOUNT DEDUCTIONS
|
Q1:
|
It appears that PSSA deductions were taken when
an employee received a Return of Contributions (ROC). Should we refund the
money?
|
|
A:
|
PSSA deductions taken for the period for which
a ROC was paid will be refunded to the employee automatically if the account
is still in SOS status. If the employee has been re-employed as a contributor
and previously received a ROC, Departments must notify the Pay Office in
writing so that a refund can be actioned.
|
|
|
|
|
Q2:
|
If an employee or former employee has completed
35 years of service and is entitled to a Pay Equity settlement, PSSA contributions
were deducted at 1% for the entire period of retroactivity. How is the balance
to be collected?
|
|
A:
|
Every effort is to be made to recover the PSSA
contribution deficiencies from the Pay Equity payments (including interest)
prior to the final instalment being given to the employee or former employee.
If it happens that there are no further Pay Equity payments to be made,
then it would be appropriate for the outstanding deficiencies to be recovered
from other payments such as regular pay. The amount must be recovered over
a period twice as long as that over which the deficiency occurred, or in
the case of financial hardship, over three times the period of the deficiency.
Any individuals so affected who retire, or who have already retired, will
have this recovery action dealt with by the Superannuation Directorate.
Detailed instructions for reporting information to Superannuation Directorate
will be included in a SAM Special Bulletin to be issued later in the Spring.
|
T5s and Relevé 3s
|
Q1:
|
Compensation Directive (CD) 2001-004 states that
"individuals who are residents of Quebec should also receive a Relevé 3".
Does this apply to employees who work in Ontario and live in Quebec or only
those who work in Quebec? In other words, is the Relevé 3 based on the employee's
province of work or the province of residence?
|
|
A:
|
The Relevé 3 works like the Relevé 1 - it is
produced based on the last known province of residence for struck-off strength
(SOS) accounts and is based on the province of work for active accounts.
In other words, all active employees who work in Quebec, regardless of province
of residence, will receive a Relevé 3. All employees who work in a province
other than Quebec, even if they reside in Quebec, will NOT receive a Relevé
3.
|
|
|
|
TAX COMPLIANCE
|
Q1:
|
How were the amounts on the T1198(E) calculated?
|
|
A:
|
The amounts were recorded into the taxation year
based on the Effective to date reported in the departmental input as reflected
on the Payment Register Data Base (PRDB) [be it disk, on-line or tape].
The transactions that were created by the Regional Pay System (RPS) used
either an Effective to date of March 31st or the last day of pay period
(PP) 26 of each calendar year. There could be instances where the amount
is understated in the earlier years and overstated in the later years based
on the Effective to date used in the transaction.
|
|
|
We have consulted with the Canada Customs and
Revenue Agency (CCRA) and they have published a Q&A document concerning
this situation. In the document, they state that it will probably not be
in the employee's best interest if the adjustment paid is for the earlier
period.
|
|
|
|
|
Q2:
|
Could the fact that a transaction was done manually
by a department rather than automatically through the RPS cause a major
problem with the calculation? (i.e., 1985-1989 portion and 7A input.)
|
|
A:
|
No, there is no problem. The Effective to date
of all transactions, whether departmental input or system generated, was
used to determine the year to which it applied.
|
|
|
For most of the cases that were examined the
differences were minimal and amendments are not to be issued. Amendments
should be issued by departments only with reasonable request. Here is an
example of a reasonable request for an amendment: multiple years are reported
as a single transaction for a period from 1989 to 1996 and the entire amount
was recorded in the 1996 year based on the Effective to date of the transaction.
|
|
|
|
|
|