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The following information is intended to provide you, the Employer, with an understanding of the full-time and part-time grandfather provisions established with respect to employment and eligibility to contribute status before the legislative changes that were implemented effective. The eligibility to contribute status of grandfathered employees may change depending on their term of employment and their Assigned Work Week.
The term grandfathered (as in "grandfather" provision) is used to indicate that specific employees have certain established rights with respect to their employment or pension status prior to the legislative changes which have been implemented.
For all employees Taken On Strength (TOS) prior to July 4, 1994: effective July 4, 1994, they retain the employment and eligibility status (grandfather protection) that applied to them immediately prior to July 4, 1994.
Grandfathered employees are divided into three groups depending on the Assigned Work Week (AWW).
The following sections briefly explain how the groups are divided, what employment and eligibility status are retained and the circumstances under which employees in each group will lose their grandfather protection for pension purposes.
Employees working an average AWW of 30 hours or more per week on or before July 4, 1994 continue to be considered full-time for pension purposes, and retain their grandfather protection unless their hours of work go below 30 hours per week or there is a break in their service of more than one day.
All service of 30 hours or more which occurred prior to July 4, 1994 is considered to be full-time (this applies to elective service as well).
Should he become re-employed, his status is determined under the new part-time or full-time provisions in effect since July 4, 1994.
If the employee is later required to work 30 or more hours per week (but less than the Schedule Work Week [SWW]), he is no longer considered full-time and he is no longer grandfathered. The employee continues to be covered under the new provision in effect since July 4, 1994.
Employees working an average of 12 hours or more but less than 30 hours per week on or before July 4, 1994 continue to be considered part-time non-active plan members, and retain the grandfathering non-active plan member protection unless:
As of July 4, 1994, previous part-time service is now used in establishing the completion of the six-month qualifying period for eligibility to contribute
If the employee is later required to revert to less than 30 hours per week, he remains a plan member under the new part-time provision (as long as the average number of hours per week is 12 or more and all other eligibility requirements are met). He is no longer considered grandfathered and continues to be covered under the new part-time or full-time provisions in effect since July 4, 1994.
Grandfathered part-time employees who temporarily accept full-time employment (acting appointment) do not become subject to the pension plan unless the full-time employment is extended to more than three months or the initial full-time appointment is for a period of more than three months.
Employees working an average of less than 12 hours per week continue to be considered part-time non-active plan members and retain the grandfathering protection.
However, should the working hours increase to 12 or more but less than 30 hours per week, employees now have the option to opt to become plan members under the public service pension plan. The option period for such an option expires on the later of July 4, 1996 or six months after the day on which a written notice is sent to the employee stating that the employee is eligible to make such an option.
These grandfathered part-time employees retain the non-contributory grandfathering protection unless:
Grandfathered part-time employees who temporarily accept full-time employment do not necessarily become subject to the pension plan, as long as the full-time employment does not extend beyond three months.
In the case of an acting appointment, if the initial appointment is for a period of three months or less, the employee would not become a plan member until the day after completing three months in an acting position. However, if the initial acting appointment is for a period of more than three months, contributions would be required from the effective date of the appointment, providing the requirement for the six-month qualifying period has been met.
Prior to July 4, 1994, if a part-time employee had been appointed to an acting full-time position for five or more days, that period of service would count in calculating the period of six months of substantially continuous employment (which term employees must complete before contributing to the pension plan). That employee would become a plan member on the next full-time acting appointment of five days or more and would continue to contribute on every acting full-time appointment of five days or more after that. Periods of full-time acting appointments of less than five days would be treated as part-time and the employee would be considered to have been employed for the average number of hours of work per week established for his substantive part-time position. Likewise, after having been made a plan member on the basis of a full-time acting appointment, the employee would only subsequently be required to contribute on the basis of full-time acting appointments of five days or more.
14/11/92 to 24/06/93 PT… 20 hrs
25/06/93 to 23/07/93 FT… 40 hrs 5 + days
24/07/93 to 31/10/93 PT… 20 hrs
01/11/93 to 12/11/93 FT… 40 hrs 5 + days
13/11/93 to 30/01/94 PT… 20 hrs
31/01/94 to 11/02/94 FT… 40 hrs 5 + days
12/02/94 to 29/05/94 PT… 20 hrs
30/05/94 to 03/06/94 FT… 40 hrs 5 + days
04/06/94 to 03/07/94 PT… 20 hrs
04/07/94 to 22/07/94 FT… 40 hrs 5 + days
23/07/94 to 99/99/99 PT… 20 hrs
In this case, the employee's first full-time acting appointment, effective June 25, 1993, is for five days or more, so we would start calculating the six months of substantially continuous service from that date. However, since the employee is working part-time on December 25, 1993, the first opportunity for that employee to contribute would be on the next full-time acting appointment of five or more days, that is, from January 31, 1994. The employee would then continue to contribute on the basis of any full-time acting appointment of five days or more after that. As well, since the employee is not grandfathered as a part-time employee on July 4, 1994, he would continue to contribute under the pension plan on the basis of any subsequent appointment of 12 hours or more after July 4, 1994.
Grandfathered part-time employees whose hours of work vary from week to week, or whose hours of work have been averaged, may be employed for periods when the AWW will exceed 30 hours per week. These employees do not necessarily become subject to the pension plan, as long as the period during which the AWW exceeds 30 hours per week does not extend beyond three months.
From January 1, 1954 to July 3, 1994, public service employees working on a part-time basis have been prohibited from contributing under the public service pension plan. On September 29, 1992, the Parliament of Canada passed Public Sector Pension Reform legislation, known as Bill C-55, which introduced several amendments to the PSSA.
One of the provisions of Bill C-55 provided for the repeal of the Sections of the Act which prohibited part-time employees from contributing under the public service pension plan. The Regulations defining the new Part-Time provisions were effective on the Coming into Force (CIF) date which was July 4, 1994.
The PWGSC-TPSGC 2478 (Election to become a contributor to the Public Service Pension Plan) is the form the plan member should use to exercise the option to contribute under the public service pension plan.
An employee may elect to contribute under the public service pension plan on or before the latest of: