Rescinded [2009-03-25] - Salary administration policy for certain non-Management Category senior excluded levels

This appendix presents guidelines for the consistent application of the salary administration plan throughout the Public Service.

Acting pay: (rémunération provisoire)

the rate that an employee should be paid for a temporary assignment to a higher classification level position.

exceptional performance budget: (budget pour rendement supérieur et exceptionnel)

funds for allocation to employees whose performance is assessed as superior or outstanding and who are eligible for an in-range increase and/or a performance award.

in-range increase: (augmentation à l'intérieur de l'échelle)

an increase in salary based on assessed level of performance, that results in an upward positioning in the range (not exceeding the job rate).

job rate: (taux normal)

the maximum rate of pay available to a qualified employee whose performance in the job is at least fully satisfactory.

payroll: (masse salariale)

the sum of salaries paid to employees subject to this plan, in a particular department or agency.

performance award: (prime au rendement)

a bonus payable to an employee whose salary has reached the job rate of the applicable salary range and whose assessed level of performance is superior or outstanding. It is payable in a lump sum and must be re-earned each year.

retroactive period: (période de rétroactivité)

the period commencing on the effective date of the retroactive upward revision in remuneration and ending on the day approval is given.

A retroactive upward revision in remuneration shall apply to employees, former employees or, in the case of death, the estates of former employees who were employed in the Public Service during the retroactive period.

Remuneration shall be paid in an amount equal to what would have been paid had the revision been implemented on the effective date.

The Employer must advise the employee or the former employee of the retroactive revision by registered mail to the last known address. The employee or, in the case of death, the former employee's representatives shall have thirty (30) days from the date of receipt of this letter to request in writing a retroactive payment.

The salary ranges for each of the affected groups and levels consist of a minimum and a job rate (maximum) with movement through the salary range based solely on assessed performance. Salary ranges may be adjusted periodically pursuant to a decision of the Treasury Board.

4.1 Salary treatment for "unsatisfactory" performance

Unless otherwise advised, departments will not apply any range revision to the salary of an employee whose performance is assessed as "unsatisfactory".

4.2 Salary treatment for "satisfactory" performance

An employee whose performance is assessed as "satisfactory" will not progress beyond a rate of pay which is 96% of the applicable job rate. In the event that application of the full range adjustment would produce a salary greater than 96% of the job rate, an adjustment smaller than the full amount should be given so as to reposition the employee's salary at the appropriate point in the range within a reasonable period of time.

4.3 Employees on leave without pay

An employee who is granted leave without pay for any period remains an employee.

The salary of an employee on such leave should be adjusted from time to time. Normally, adjustments will occur when salary range revisions are approved for the applicable group and level. Unless otherwise specified by the TBS, the employees will be accorded the same treatment as if rated fully satisfactory. However, these employees will not be counted in the total population for purposes of calculating the payroll or the percentage of the population rated above fully satisfactory.

All periods of leave without pay count towards pensionable service and contributions must be made in respect of such leave. Contributions should be based on the salary calculated as indicated.

4.4 Employees receiving acting pay

While in receipt of acting pay, an employee is eligible to receive revisions to the salary range of the acting level.

Employees in receipt of acting pay remain subject to the non-pay terms and conditions of employment governing their substantive level position.

The rate of pay on appointment to a position to which this plan applies shall be established in accordance with the promotion, transfer or demotion rules as applicable. The rate of pay on appointment will be at least the minimum of the performance pay range of the relevant occupational group.

5.1 Rate of pay on promotion

The rate of pay on promotion is determined by adding 4% of the maximum rate of the performance pay range for the higher level to the pay received immediately prior to the promotion. However, where a collective agreement exists for the level of the appointment, the rate of pay shall not be less than would have been paid had the employee been subject to the collective agreement.

5.2 Acting pay

An employee who accepts a temporary assignment to a position classified in a group and level subject to this plan may receive a temporary salary increase of four percent of the job rate of the acting level. When four percent of the job rate of the acting level does not bring the employee's acting salary to the range minimum, the employee shall be paid at the range minimum.

While receiving acting pay, an employee whose substantive rate of pay is below the range maximum continues to be eligible to receive increments (lock-step structures) or in-range increases (performance pay ranges), as well as any salary range revisions for the substantive level. When an increment or in-range increase to the employee's substantive salary occurs, the acting rate of pay shall be recalculated and any resulting increase paid to the employee.

The qualifying period to receive acting pay is determined by the collective agreement or terms and conditions of employment applicable to the employee's substantive group and level.

In-range increases and performance awards are to be administered on April 1 of each year.

Expenditures on in-range increases and performance awards are controlled by a departmental budget which may not be exceeded.

6.1 In-range increases

As a general guide, in-range increases up to the job rate, as a percentage of the employee's salary, may be granted annually for assessed performance as follows:

• Outstanding - up to 8%
• Superior - up to 6%
• Fully satisfactory - up to 4%
• Satisfactory -up to 2%

Under no circumstances should an in-range performance increase be authorized for an employee whose performance has been assessed as "unsatisfactory".

6.2 Performance awards

A performance award (bonus) may be granted to an employee whose performance has been assessed as superior or outstanding, whose salary is already at the job rate or has just reached the job rate by the application of an in-range increase, and who is on strength on March 31^st and April 1^st. These lump sums must be re-earned each year.

Increases are to be limited to:

• Outstanding performance during the year - up to 8% of salary
• Superior performance during the year - up to 6% of salary

The maximum permissible amount for the awards should not be automatically granted. Consideration must be given to factors such as the salary relationship with immediate supervisors or subordinates and, the number of consecutive years of above fully satisfactory performance.

6.3 Combined application of in-range increase and performance award

Some employees assessed as superior or outstanding will reach their job rate with in-range increases which are less than the amounts permissible under the guidelines (paragraph 6.1). In these cases, deputy heads may grant a performance award in addition to the in-range increase. The combination of the two amounts may not exceed 6% of salary for superior performance and 8% of salary for outstanding performance.

6.4 Performance pay while receiving acting pay

An employee who is receiving acting pay for a temporary assignment to a group and level covered by this plan is eligible for performance pay at the higher level when the following criteria are met:

• the substantive rate of pay has reached the range maximum and the employee is no longer eligible for increments or in-range performance increases in the substantive level; or an increment or in-range performance increase in the substantive level does not result in a change to the acting rate of pay; and
• performance of the higher level duties is assessed as fully satisfactory or better;
• the employee is on strength in the acting situation on March 31^st and April 1^st; and
• there are sufficient funds in the performance budget to award a performance increase.

The commencement date of the acting assignment will not affect an employee's eligibility for performance pay when these conditions are met. Prorating the performance increase, based on the length of time in the acting assignment, is an option.

Employees in acting status who are eligible for performance pay are to be included in the calculation of the department's budget and the percentage of the population who are rated superior and outstanding.

6.4.1 Ineligible employees

When an increment or an in-range performance increase in the substantive rate of pay results in a salary increase on recalculation of the acting pay, the employee is not eligible for performance pay under this plan, and should not be included in the calculation of the budget or the ratings distribution.

6.5 Limitations

Under no circumstances are the in-range increases and performance awards paid under this plan to exceed the maximums available for the evaluated level of performance. Likewise, departments may not exceed their aggregate exceptional performance budget.

6.6 Exceptional performance budget

This fund is calculated by the Treasury Board Secretariat based on the rule that departments rate no more than 30% of their employees above fully satisfactory. It is limited to the following percentages of the department's total payroll for employees subject to this plan on March 31^st:

The distribution of the money available is the responsibility of the deputy head. There is no requirement that all or any portion of the fund be awarded.

6.7 Salary-related benefits

A performance award will be included as part of salary for the period in respect of which it was paid. Any such award paid in the year of retirement, but related to the year prior to retirement, will be fully counted in the calculation of the six-year average salary for pension purposes. However, it will not be reflected in the level of coverage under salary-related benefits such as Supplementary death benefit and insurances.

Performance awards will also not be considered part of salary for the purposes of termination benefits such as severance pay and cash-out of vacation leave, or for salary calculations related to promotion or transfer.

The deputy head is authorized to determine increases in salary and to make performance awards within the guidelines prescribed in this plan unless otherwise directed by the Treasury Board Secretariat.

On those occasions when the circumstances of an individual case are so exceptional that a department believes the salary administration plan guidelines should be exceeded, the deputy head must obtain prior written approval from the Treasury Board Secretariat.

As a matter of government policy, disclosure is restricted to information on the salary ranges. The specific salary paid to an individual in a performance pay plan may be disclosed only to those public servants whose work requires access to such information.