Retirement Compensation Arrangements Regulations, No. 2 — 4
4 (1) A surplus employee referred to in paragraph 3(a) is entitled to an annual benefit calculated in accordance with subsection 7(1) on condition that the employee (a) elects, not later than 60 days after the date of the first notice of surplus status given to the employee after April 1, 1995, to receive that annual benefit; (b) ceases to be employed within a period of six months after the date of the first notice of surplus status given to the employee after April 1, 1995 or not later than the end of such longer period, determined by the deputy head, as is required in order to meet operational requirements; (c) has not, before ceasing to be employed, received (i) in the case of an employee who is subject to the Work Force Adjustment Directive, a reasonable job offer within the meaning of that Directive, or (ii) in the case of an employee who is subject to the Executive Employment Transition Policy, an offer of alternative employment in a portion of the Public Service referred to in Part I of the schedule; (d) where the employee’s services are no longer required by reason of the transfer of work or a function to an employer outside the Public Service, has not received an offer of contiguous employment from that employer as a consequence of the transfer; (e) has not elected to receive (i) in the case of an employee referred to in subparagraph (c)(i), a payment under a program respecting early departure incentives arising from the budget tabled in Parliament on February 27, 1995, or a payment under the Civilian Reduction Program arising from the budget tabled in Parliament on February 22, 1994, and (ii) in the case of an employee referred to in subparagraph (c)(ii), a negotiated settlement under the Executive Employment Transition Policy; and (f) at the time the employee ceases to be employed, (i) has been employed in the Public Service, within the meaning of subsection 3(1) of the Public Service Superannuation Act , on a full-time basis as described in clause 13(1)(c)(ii)(C) of that Act for a period of or for periods totalling at least 10 years, (ii) has reached the age of 50 years but has not reached the age of 55 years, and (iii) has exercised the option to receive an annual allowance in accordance with clause 13(1)(c)(ii)(B) or (D) of the Public Service Superannuation Act . (2) For greater certainty, subsection (1) applies in respect of a surplus employee referred to in paragraph 3(a) whose surplus status ceases but who, during the period beginning on April 1, 1995 and ending on March 31, 1998, receives another notice of surplus status and, for the purposes of paragraph (1)(b), the period of six months referred to in that paragraph shall be calculated from the date of the subsequent notice. (3) A surplus employee referred to in paragraph 3(b) is entitled to an annual benefit calculated in accordance with subsection 7(1) on condition that the employee (a) elects, not later than 60 days after the date of the first notice of surplus status given to the employee after the applicable day referred to in paragraph 3(b), to receive that annual benefit; (b) ceases to be employed within a period of six months after the date of the first notice of surplus status given to the employee after the applicable day referred to in paragraph 3(b) or not later than the end of such longer period, determined by the deputy head, as is required in order to meet operational requirements; (c) does not, before ceasing to be employed, receive an offer of alternative employment in the portion of the Public Service in which the employee is employed; and (d) meets the conditions set out in paragraphs (1)(d) and (f). (4) For greater certainty, subsection (3) applies in respect of a surplus employee referred to in paragraph 3(b) whose surplus status ceases but who, during the period beginning on the applicable day referred to in that paragraph and ending on March 31, 1998, receives another notice of surplus status and, for the purposes of paragraph (3)(b),