83. (1) An employee, (a) who has completed a minimum of one year of continuous service and who ceases to be an employee because of, (i) death, (ii) retirement under section 17 of the Public Service Act, (ii.1) total and permanent disability that entitles him or her to a pension or payment under the Public Service Pension Plan, or (iii) release from employment under subsection 22 (4) of the Public Service Act; or (b) who has completed a minimum of five years of continuous service and who ceases to be an employee for any reason other than, (i) dismissal for cause under section 22 of the Act, or (ii) abandonment of position under section 20 of the Act, is entitled to severance pay for continuous service from and after the 1st day of January, 1976, (c) equal to one week of salary for each year of continuous service as a full-time employee from and after that date; and (d) equal to that portion of a week’s salary that is equal to the portion the employee’s regularly scheduled hours of work bear to full employment, for each year of continuous service as a part-time employee.  R.R.O. 1990, Reg. 977, s. 83 (1); O. Reg. 399/01, s. 16. (1.1) Subsection (1) does not apply to a term classified employee.  O. Reg. 40/02, s. 24. (1.2) Subsection (1) does not apply to any of the following employees in respect of service on or after January 1, 2005: 1. An employee represented by the Association of Law Officers of the Crown or by the Ontario Crown Attorneys’ Association, i. who is in a class of position of Crown Counsel 1, 3 or 4 on April 5, 2006, and ii. who ceases to be employed in the public service because he or she has resigned. 2. An employee, i. who is in a class of position of Crown Counsel 1, 3 or 4 (Excluded) or Crown Counsel 5 on April 5, 2006, and ii. who ceases to be employed in the public service because he or she has resigned. 3. An employee represented by the Association of Law Officers of the Crown or by the Ontario Crown Attorneys’ Association, i. who is in a class of position of Crown Counsel 1, 3 or 4 on April 5, 2006, and ii. who ceases to be employed in the public service on or after January 1, 2007 because he or she has retired, but only if he or she is entitled to a pension, other than a disability pension, under the Public Service Pension Plan immediately after retiring. 4. An employee, i. who is in a class of position of Crown Counsel 1, 3 or 4 (Excluded) or Crown Counsel 5 on April 5, 2006, and ii. who ceases to be employed in the public service on or after January 1, 2007 because he or she has retired, but only if he or she is entitled to a pension, other than a disability pension, under the Public Service Pension Plan immediately after retiring. 5. An employee represented by the Association of Law Officers of the Crown or by the Ontario Crown Attorney’s Association who is in a class of position of Crown Counsel 1, 3 or 4, i. who first becomes employed in the public service on or after April 5, 2006, and ii. who ceases to be employed in the public service, A. because he or she has resigned, or B. because he or she has retired, but only if he or she is entitled to a pension, other than a disability pension, under the Public Service Pension Plan immediately after retiring. 6. An employee who is in a class of position of Crown Counsel 1, 3 or 4 (Excluded) or Crown Counsel 5, i. who first becomes employed in the public service on or after April 5, 2006, and ii. who ceases to be employed in the public service, A. because he or she has resigned, or B. because he or she has retired, but only if he or she is entitled to a pension, other than a disability pension, under the Public Service Pension Plan immediately after retiring.  O. Reg. 454/06, s. 5. (2) For the purpose of clause (1) (d), “week’s salary” means the salary the employee would receive if the employee were in full employment.  R.R.O. 1990, Reg. 977, s. 83 (2). (3) Despite the definition of “continuous service” in subsection 56 (1), for the purpose of this section, an employee’s period of continuous service under the Legislative Assembly Act immediately prior to the employee’s appointment as a public servant under the Public Service Act shall be taken into account in computing the minimum period of continuous service mentioned in clause (1) (b) and in computing the severance pay mentioned in subsection (1), but the severance pay to which the employee is entitled under that subsection shall be reduced by an amount equal to the amount, if any, of the severance pay received by the employee in respect of the termination of his or her service under the Legislative Assembly Act for any period of such service that is also taken into account in computing his or her severance pay under subsection (1).  R.R.O. 1990, Reg. 977, s. 83 (3). (4) In subsection (3), “service under the Legislative Assembly Act” includes continuous service for at least one year as an employee of the caucus of a political party or of a member of the Assembly where the employee’s salary is paid out of money appropriated for the use of the caucus or member under the Legislative Assembly Act.  R.R.O. 1990, Reg. 977, s. 83 (4).