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61.01
Under the following circumstances and subject to clause 61.02, an employee
shall receive severance benefits calculated on the basis of the weekly rate of
pay to which he or she is entitled for the classification prescribed in his or
her certificate of appointment on the date of his or her termination of
employment.
- Lay-off
- On
the first (1st) lay-off,
two (2) weeks' pay for the first (1st)
complete year of continuous employment and one (1) week's pay for each
additional complete year of continuous employment and, in the case of a partial
year of continuous employment, one (1) week's pay multiplied by the number of
days of continuous employment divided by three hundred and sixty-five (365).
- On
the second (2nd) or
subsequent lay-off, one (1) week's pay for each complete year of continuous
employment and, in the case of a partial year of continuous employment, one (1) week's pay multiplied by the number of days of continuous employment divided by
three hundred and sixty-five (365), less any period in respect of which the
employee was granted severance pay under subparagraph (a)(i).
- Resignation
On resignation, subject to paragraph 61.01(d)
and with ten (10) or more years of continuous employment, one-half (1/2) week's
pay for each complete year of continuous employment, to a maximum of twenty-six
(26) years, with a maximum benefit of thirteen (13) weeks' pay.
- Rejection
on Probation
On rejection on probation, when an employee
has completed more than one (1) year of continuous employment and ceases to be
employed by reason of rejection during a probationary period, one (1) week's
pay.
- Retirement
- On retirement, when an employee is entitled
to an immediate annuity under the Public
Service Superannuation Act or when the employee is entitled to an immediate
annual allowance under the Public Service
Superannuation Act,
or
- when
a part-time employee who regularly works more than thirteen decimal five (13.5)
but less than thirty (30) hours a week and who, if he or she were a contributor
under the Public Service Superannuation
Act, would be entitled to an immediate annuity thereunder or who would have
been entitled to an immediate annual allowance if he or she were a contributor
under the Public Service Superannuation
Act,
a severance payment in respect of the
employee's complete period of continuous employment, comprised of one (1) week's
pay for each complete year of continuous employment and, in the case of a
partial year of continuous employment, one (1) week's pay multiplied by the
number of days of continuous employment divided by three hundred and sixty-five (365), to a maximum of thirty (30) weeks' pay.
- Death
If an employee dies, there shall be paid to
the employee's estate a severance payment in respect of the employee's complete
period of continuous employment, comprised of one (1) week's pay for each
complete year of continuous employment and, in the case of a partial year of
continuous employment, one (1) week's pay multiplied by the number of days of
continuous employment divided by three hundred and sixty-five (365), to a
maximum of thirty (30) weeks' pay, regardless of any other benefit payable.
- Termination
for Cause for Reasons of Incapacity or Incompetence
- When
an employee has completed more than one (1) year of continuous employment and
ceases to be employed by reason of termination for cause for reasons of
incapacity pursuant to paragraph 12(1)(e) of the Financial Administration Act, one (1) week's pay for each complete
year of continuous employment, to a maximum of twenty-eight (28) weeks.
- When
an employee has completed more than ten (10) years of continuous employment and
ceases to be employed by reason of termination for cause for reasons of
incompetence pursuant to paragraph 12(1)(d) of the Financial Administration Act, one (1) week's pay for each complete
year of continuous employment, to a maximum of twenty-eight (28) weeks.
61.02
Severance benefits payable to an employee under this Article shall be reduced
by any period of continuous employment in respect of which the employee was
already granted any type of termination benefit. Under no circumstances shall
the maximum severance pay provided under clause 61.01 be pyramided.
61.03 Appointment to a Separate Agency
Notwithstanding
paragraph 61.01(b), an employee who resigns to accept an appointment with an
organization listed in Schedule V of the Financial
Administration Act may choose not to be paid severance pay, provided that
the appointing organization will accept the employee's Schedules I and IV of
the Financial Administration Act service
for its severance pay entitlement.
62.01
Except as provided in this Article, the terms and conditions governing the
application of pay to employees are not affected by this Agreement.
62.02
An employee is entitled to be paid for services rendered at:
- the pay specified in Appendix A for the
classification of the position to which the employee is appointed, if the
classification coincides with that prescribed in the employee's certificate of
appointment;
or
- the pay specified in Appendix A for the
classification prescribed in the employee's certificate of appointment, if that
classification and the classification of the position to which the employee is
appointed do not coincide.
62.03
- The rates of pay set forth in Appendix A
shall become effective on the dates specified.
- Where the rates of pay set forth in Appendix A have an effective date prior to the
date of signing of this Agreement, the following shall apply:
- "retroactive period" for the purpose of subparagraphs (ii) to (v)
means the period from the effective date of the revision up to and including
the day before the collective agreement is signed or when an arbitral award is
rendered therefor;
- a
retroactive upward revision in rates of pay shall apply to employees, former
employees or, in the case of death, the estates of former employees who were
employees in the groups identified in Article 9 of this Agreement during the
retroactive period;
- for
initial appointments made during the retroactive period, the rate of pay
selected in the revised rates of pay is the rate which is shown immediately
below the rate of pay being received prior to the revision;
- for
promotions, demotions, deployments, transfers or acting situations effective
during the retroactive period, the rate of pay shall be recalculated, in
accordance with the Public Service Terms and Conditions of Employment
Regulations using the revised rates of pay. If the recalculated rate of pay
is less than the rate of pay the employee was previously receiving, the revised
rate of pay shall be the rate, which is nearest to, but not less than the rate
of pay being received prior to the revision. However, where the recalculated
rate is at a lower step in the range, the new rate shall be the rate of pay
shown immediately below the rate of pay being received prior to the revision;
- no
payment or notification shall be made pursuant to paragraph 62.03(b) for one
dollar ($1) or less.
62.04
Where a pay increment and a pay revision are effected on the same date, the pay
increment shall be applied first and the resulting rate shall be revised in
accordance with the pay revision.
62.05
This Article is subject to the Memorandum of Understanding dated February 9,
1982, signed by the Employer and the Alliance, in respect of red-circled
employees.
62.06
If, during the term of this Agreement, a new classification standard for a
group is established and implemented by the Employer, the Employer shall,
before applying rates of pay to new levels resulting from the application of
the standard, negotiate with the Alliance the rates of pay and the rules
affecting the pay of employees on their movement to the new levels.
62.07
- When an employee is required by the
Employer to substantially perform the duties of a higher classification level
in an acting capacity and performs those duties for at least three (3)
consecutive working days or shifts, the employee shall be paid acting pay
calculated from the date on which he or she commenced to act as if he or she
had been appointed to that higher classification level for the period in which
he or she acts.
- When a day designated as a paid holiday
occurs during the qualifying period, the holiday shall be considered as a day
worked for purposes of the qualifying period.
62.08
When the regular payday for an employee falls on his or her day of rest, every
effort shall be made to issue his or her cheque on his or her last working day,
provided it is available at his or her regular place of work.
63.01
This Agreement may be amended by mutual consent.
**
64.01 This Agreement shall expire on June 20,
2011.
64.02 Unless otherwise expressly stipulated,
the provisions of this Agreement shall become effective on the date it is
signed.
Signed
at Ottawa, this 29th day of the month of
January, 2009.
The Treasury Board of Canada
Hélène Laurendeau
Marc Thibodeau
Marc Lacroix
Bernard Brie
Al Campbell
Richard Comerford
Pierre Fréchette
Rob Johnston
The Public Service Alliance of Canada
Jérôme Turcq
Ron Moran
Morgan Gay
Sylvie Labrèche
Karim Lawji
David-Alexandre Leblanc
Carolyn McGillivary
Fred Milligan
Steve Pellerin-Fowlie
Doug Tremblett
Dave VanHelvert