Regulations - Public Service Superannuation

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Part-Time Employees Regulations

made under subclause 20(d)(vi) of the

Public Service Superannuation Act

R.S.N.S. 1989, c. 377

O.I.C. 2009-141 (March 30, 2009), N.S. Reg. 71/2009

Citation

1     These regulations may be cited as the Part-Time Employees Regulations.

Interpretation

2     In these regulations,

                (a)    “Act” means the Public Service Superannuation Act;

                (b)    “Fund” means the Superannuation Fund created and maintained under the Plan and referred to in the Act;

                (c)    “overtime” means hours worked in excess of the normal full-time weekly hours or normal full-time biweekly hours specified for a similar or comparable position;

                (d)    “participating employer” means an employer, other than the Province, who participates in the Plan;

                (e)    “part-time employee” means a person employed by the Province or a participating employer who is a part-time employee as defined in the Act, regularly works at least 40% of the full-time hours specified for a similar or comparable position or at a higher threshold if specified in a collective agreement applicable to the person for the purposes of determining eligibility for Plan membership, and would be a member of the Plan if employed on a full-time basis;

                (f)    “Plan” means the pension plan set out in the Act and the regulations made under the Act;

                (g)    “salary” means salary as defined in Section 2 of the Act.

Plan membership

3     (1)    A part-time employee of the Province must be a member of the Plan.

       (2)    A part-time employee of a participating employer

                (a)    must be a member of the Plan if so required under a collective agreement applicable to the employee;

                (b)    if not required to be a member of the Plan under a collective agreement applicable to the employee, may be a member of the Plan if the employee and participating employer so agree, the Minister consents in writing and Plan membership is not precluded by the terms of the collective agreement.

       (3)    A part-time employee who becomes a member of the Plan in accordance with clause 2(b) must remain a Plan member while employed by the participating employer, if the employee continues to qualify for participation in the Plan under these regulations.

Reduction in part-time employment

4     (1)    A person who is a member of the Plan, but who works less than the threshold set out in clause 2(e) applicable to the person, nevertheless continues to be a member of the Plan as long as the person’s employment is continuous and the person would be a member of the Plan if employed on a full-time basis.

       (2)    Subsection (1) does not apply if precluded by the terms of a collective agreement applicable to the person.

Prorating of obligations and benefits

5     Obligations to the Fund and benefits under the Plan for part-time employees are determined as follows:

                (a)    contributions made by a person to the Fund are calculated based on the contributions the person would have made if employed on a full-time basis multiplied by the ratio of the person’s actual hours worked, not including overtime, to the hours the person would have worked if employed on a full-time basis;

                (b)    the salary recognized for the purposes of Section 13 of the Act is the salary the person would have earned if employed on a full-time basis;

                (c)    the service recognized for the purposes of calculating the amount of a superannuation allowance under the Act is the service with which the person would have been credited if employed on a full-time basis multiplied by the ratio of the person’s actual hours worked, not including overtime, to the hours the person would have worked if employed on a full-time basis;

                (d)    the service recognized for the purposes of determining eligibility for a superannuation allowance under the Act is the service with which the person would have been credited if employed on a full-time basis.

Contribution obligations and service recognition for part-time employees of participating employers

6     Despite clauses 5(a) and (c), contributions made to the Fund and service recognized for the purposes of calculating the amount of the superannuation allowance under the Act for part-time employees of participating employers are calculated based on regularly scheduled hours worked rather than actual hours worked, unless the applicable collective agreement specifies that actual hours worked apply.