ARCHIVED CD 2002-002

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January 16, 2002

SUBJECT: Allowance for Fishery Officers (PM -4) within the Program and Administrative Services Group

1. PURPOSE

1.1 The purpose of this directive is to provide information on the new allowance (payable as supplementary lump sum payment) provided to Fishery Officers, at the PM-4 level, who are performing enforcement duties. This allowance is described in the Program and Administration Services Group's Memorandum of Understanding, signed November 19, 2001, and is available on the following Treasury Board Secretariat (TBS) Web sites:

Internet: Treasury Board of Canada Secretariat

GENet: PWGSC Government Portal

1.2 In this text, use of the masculine is generic and applies to both men and women.

2. BACKGROUND

2.1 TBS, hereby known as the Employer, will offer this lump sum payment to certain Fishery Officers that perform enforcement duties. For more information please refer to the "Memorandum of Understanding Concerning PM-4 Fishery Officers Employed by the Department of Fisheries and Oceans to Perform Enforcement Duties", which is located in the collective agreement.

3. POLICY

3.1 The allowance will be paid to Fishery Officers at the PM-4 levels in the Program Administrative group, who are performing the same enforcement duties as Fishery Officers in the General Technical (GT) group.

3.2 This new allowance is payable on June 21, 2001, and June 21, 2002, for work performed in the first and second years of the collective agreement. The amount of the lump sum payment is $2,000 for the period of June 21, 2000, to June 20, 2001, and $2,000 for the period of June 21, 2001, to June 20, 2002.

3.3 A part-time employee will be eligible for this lump sum payment prorated based on the actual straight time hours worked (including any paid leave).

The hourly rate is calculated as follows:

Hourly prorated lump sum payment = $2,000 divided by 1950 multiplied by the number of straight time hours worked in an eligible year = $1.0256 multiplied by the number of straight time hours worked in an eligible year

Example:

• Part-time PM-4 Fishery Officer works 1040 hours from June 21, 2000, to June 20, 2001.
• Prorated lump sum payment for June 21, 2001 =$1.0256 multiplied by 1040 hours = 1,066.62

3.4 For employees who did not receive, or will not receive, pay as a Fishery Officer for a period of more than three (3) months within the first or the second year of the collective agreement, either due to an acting appointment outside of a PM-4 Fishery Officer position performing enforcement duties, Leave Without Pay (LWOP) for any reason, termination as an employee, seasonal employment or a new appointment to a Fishery Officer position, shall receive $7.69 per day for each regular working day for which he received his pay as a Fishery Officer during the year of the collective agreement.

The daily rate of this allowance is $7.69, as shown in the following calculation:

• Number of work days per year = 260 (260.88 does not apply in this calculation)
• Daily prorated lump sum payment = $2000 divided by 260 multiplied by the number of days in which the enforcement duties were performed
• Daily prorated lump sum payment = $7.69 multiplied by the number of days in which the enforcement duties were performed

3.4.1 Examples of full payments and daily rate payments:

• When an employee is appointed as a Fishery Officer performing enforcement duties for a period of nine (9) months or more in an eligible year, he is entitled to the full payment. If a Fishery Officer performing enforcement duties is Struck Off Strength (SOS) and has worked for a period of nine (9) months or more in an eligible year, he is entitled to the full payment. Where the employee is Taken On Strength (TOS) or SOS and he performs the enforcement duties for less than nine (9) months in the eligible year, he receives the daily rate for the eligible period.

Examples of an employee TOS:

An employee appointed on August 15, 2000, to perform the enforcement duties from the date of appointment to June 20, 2001, will receive the full $2,000.

An employee appointed to an eligible position on January 8, 2001, will receive the daily rate from January 8, 2001, to June 20, 2001.

Examples of an employee SOS:

An eligible employee who is SOS on October 4, 2001, will receive the daily rate for the period from June 21, 2001, to October 3, 2001.

An eligible employee who is SOS on May 2, 2002, will receive the full $2,000 for the period from June 21, 2001, to June 20, 2002.

3.5 This lump sum is to be paid taking into account that each year is a separate eligible period. Should an eligible employee be on LWOP for an extended period, which overlaps the two eligible years (see section 3.2), the payments are to be calculated separately for June 21, 2001, and for June 21, 2002. Example: An employee on LWOP for a six (6) month period from May 2001, to October 2001 is to receive $2,000 on June 21, 2001, and the daily rate for the second year of the agreement.

3.6 Employees that are acting as full-time PM-4 Fishery Officers performing enforcement duties for a period of nine (9) months or more in an eligible year are entitled to the full amount of the lump sum payment. Eligible employees acting in this position for less than nine (9) months are entitled to the lump sum payment based on the number of days worked. Example 1: An employee acting as a Fishery Officer performing enforcement duties from October 1, 2000, to May 31, 2001, will receive the daily rate of the allowance. Example 2: An employee acting as a Fishery Officer performing enforcement duties from July 15, 2000, to May 31, 2001, will receive $2,000 for the period from June 21, 2000, to June 20, 2001.

3.7 This allowance is not considered part of salary. As a result, entitlements related to pay situations (such as promotions or acting pay) will not be recalculated. This allowance is not to be used in calculating 4% gratuity or other entitlements such as premium pay in lieu of statutory holidays.

3.8 The Public Service Staff Relations Act (PSSRA) requires that collective agreements be implemented within 90 calendar days after the date of their signature. Consequently, all pay adjustments, including the allowance effective June 21, 2001, described above, must be received by February 17, 2002.

4. PROCEDURES/INSTRUCTIONS

4.1 The lump sum will be paid using the existing entitlement code 087 (Lump Sum Payment).

4.2 Compensation Advisors are responsible for paying this allowance to eligible employees.

4.3 This lump sum payment is subject to the following:

• Public Service Pension Fund
• Supplementary Death Benefit Plan
• Disability Insurance
• Long-term Disability Insurance
• Federal, Provincial and Territorial Income Tax
• Canada Pension Plan/Quebec Pension Plan
• Employment Insurance
• Public Service Management Insurance Plan

4.4 Please refer to section 4-4-18, 9-5-2, and 14-6 of the Personnel Pay Input Manual (PPIM) for pay input requirements at the following Web site: gepp menu

4.5 The PPIM will be updated to incorporate the relative information contained in this Compensation Directive.

5. INQUIRIES

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

Original Signed by
R. Jolicoeur

R. Jolicoeur
Director General
Compensation Sector
Government Operational Service

Reference: ENT 087