65 (1) Severance pay under this section shall be calculated by multiplying the employee’s regular wages for a regular work week by the sum of, (a)  the number of years of employment the employee has completed; and (b)  the number of months of employment not included in clause (a) that the employee has completed, divided by 12.  2000, c. 41, s. 65 (1). Non-continuous employment (2) All time spent by the employee in the employer’s employ, whether or not continuous and whether or not active, shall be included in determining whether he or she is eligible for severance pay under subsection 64 (1) and in calculating his or her severance pay under subsection (1).  2000, c. 41, s. 65 (2). Exception (2.1) Despite subsection (2), when an employee in receipt of an actuarially unreduced pension benefit has his or her employment severed by an employer on or after November 6, 2009, time spent in the employer’s employ for which the employee received service credits in the calculation of that benefit shall not be included in determining whether he or she is eligible for severance pay under subsection 64 (1) and in calculating his or her severance pay under subsection (1).  2009, c. 33, Sched. 20, s. 1 (1). Where employee resigns (3) If an employee’s employment is severed under clause 63 (1) (e), the period between the day the employee’s notice of resignation took effect and the day the employer’s notice of termination would have taken effect shall not be considered in calculating the amount of severance pay to which the employee is entitled.  2000, c. 41, s. 65 (3). Termination without notice (4) If an employer terminates the employment of an employee without providing the notice, if any, required under section 57 or 58, the amount of severance pay to which the employee is entitled shall be calculated as if the employee continued to be employed for a period equal to the period of notice that should have been given and was not.  2000, c. 41, s. 65 (4). Limit (5) An employee’s severance pay entitlement under this section shall not exceed an amount equal to the employee’s regular wages for a regular work week for 26 weeks.  2000, c. 41, s. 65 (5). Where no regular work week (6) For the purposes of subsections (1) and (5), if the employee does not have a regular work week or if the employee is paid on a basis other than time, the employee’s regular wages for a regular work week shall be deemed to be the average amount of regular wages earned by the employee for the weeks in which the employee worked in the period of 12 weeks preceding the date on which, (a)  the employee’s employment was severed; or (b)  if the employee’s employment was severed under clause 63 (1) (c) or (d), the date on which the lay-off began.  2000, c. 41, s. 65 (6); 2002, c. 18, Sched. J, s. 3 (26). In addition to other amounts (7) Subject to subsection (8), severance pay under this section is in addition to any other amount to which an employee is entitled under this Act or his or her employment contract.  2000, c. 41, s. 65 (7). Set-off, deduction (8) Only the following set-offs and deductions may be made in calculating severance pay under this section: 1.  Supplementary unemployment benefits the employee receives after his or her employment is severed and before the severance pay becomes payable to the employee. 2.  An amount paid to an employee for loss of employment under a provision of the employment contract if it is based upon length of employment, length of service or seniority. 3.  Severance pay that was previously paid to the employee under this Act, a predecessor of this Act or a contractual provision described in paragraph 2.  2000, c. 41, s. 65 (8). Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. J, s. 3 (26) - 26/11/2002 2009, c. 33, Sched. 20, s. 1 (1) - 15/12/2009