Bill 27 (Legislature 11, Session 5)

L11 S5 6824

Alberta — Bills

Bin No. 27 of 1952. A BILL TO AMEND THE CIVIL SERV ANTS WAR SERVI'CE ACT NOTE. This Bill amends The Civil Servants War Service Act, being

chapter 11 of the Statutes of Alberta, 1951. These amendments have been necessitated by the fact that enlistments are now in the armed for-ces of Canada for an indefinite period and no longer in a speCial force for rela tively short periods. Also, it now appears that members of such armed for-ces -contribute a portion of their pay to a pension fund similar to the federal civil service pension fund. Under The Civil Servants Wa1~ Service Act aR it stood, an employee could thus create an equity in two pension funds at the same time.

The change in the enlistment policy makes it difficult to obtain temporary provincial government employees to re place those enlisting for indefinite periods and it is therefore deemed advisable to limit the period for which leaves of absence may be granted. As a result of the amendment the maximum leave of absence that may be granted is six years. Clause (

c) of

section 4 is amended by substituting a new clause (c).' The effect of the amendment is simply to provide that the employee shall be re-employed in his former position if he applies within six years of the commencement of his leave of absence, and complies with the conditions already in the Act. The clause remains unchanged other wise, though the arrangement of the clause has been varied.

Section 4, clause (

d) and

section 5 have each been re drafted similarly to provide for the six year limitation period placed on a leave of absence by the addition of

section 3a to the Act. A new subsection (2) has been added to

section 4 which provides that unless an employee enlists in an armed force n.o bonus is to be paid him when he enlists.

Section 6 has been amended by substituting a new sub section (1) and the addition of a new subsection (la). The effect of the amendment to subsection (1) is to make it permissible for an employee to remain a contributor to the pension fund of the Province only where the employee dur ing his enlistment is not also contributing to an armed forces pension fund.

ii Subsection (la) has been added to

section 6 to permit an employee on discharge from the armed forces to regain the pension privileges lost to him while he was contributing to an armed forces pension fund. This Bill comes into force upon assent and is retroactive to the 9th day of August, 1950, the date upon which The Civil Servants War Service Act came into force. J. W. RYAN, Acting Legislative Counsel. (This note does not form any part of the Bill but is offered in explanation of ,its provisions.)

BILL No. 27 of 1952.

An Act to amend The Civil Servants War Service Act. (Assented to , 1952.) HIS :MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Civil Servants War Service Act, being

chapter 11 of the Statutes of Alberta, 1951, is hereby amended.

Section 3 is amended by striking out the words "active

Section 3 naval, military or air forces" and by substituting the words amended "armed forces". S. The following new

section 3a is added immediately New after

section 3 :

section 3a "Sa. Upon receiving an application for leave of absence Period of from an employee, the Director of Personnel may grant the ~e:s~~~~ employee leave of absence for the period of his enlistment or for a period of six years, whichever period is the lesser.".

Section 4 is amended,- (

a) by renumbering the

section as subsection (1); (

b) by striking out clauses (

c) and (

d) of subsection (1) and by substituting the following: "(

c) Where the employee,- "(

i) was employed otherwise than temporarily; or "(ii) if being a temporary employee at the time of his application for leave of absence, was tem porarily employed in a position which is or dinarily filled by a permanent employee and has been so employed for at least a year; or "(iii) was engaged upon permanent seasonal work on salary or wage basis and has been so employed for at least six months during each season for two consecutive years; he shall be entitled to re-employment in the same or similar capacity as that in which he was employed prior to enlistment if; "(iv) he receives an honourable discharge from the armed forces of Canada or the United Nations; and

Section 4 amended

Section 5 amended

Section 6 amended 2 " (

v) he applies for re-employment within three months after his discharge and not later than six years from the date of commencement of his leave of absence; and "(vi) he satisfies the Director of Personnel that he is mentally and physically fit for such employ ment; "(

d) an effort will be made to re-employ temporary em ployees, other than those engaged to replace em ployees who have enlisted in the armed forces if,- "(

i) an application for re-employment is made by the empl9yee within three months from the date of his honourable discharge and not later than six years from the date of comme~ce, ment of his leave of absence; and . "(ii) the employee satisfies the Director of Personnel that he is mentally and physically fit for such employment.". . (

c) by adding immediately after subsection (1) the fol lowing new subsection: "

(2) Notwithstanding clauses (

a) and (

b) of subsection (1), money in the nature of a bonus or additional salary shall not be paid to an employee unless he enlists in an armed force or a component of an armed force deemed to be on active service.".

Section 5 is amended,- (

a) by renumbering the

section as subsection (1); (

b) by striking out the words "his service," where they occur in subsection (1), and by substituting the words "the armed forces or the expiration' of six years from the date of commencement of his leave of absence," ; (

c) by adding immediately after subsection (1) the following new subsection: "

(2) If an employee applies for re-employment within six years from the date of comrp.encement of his leave of absence, he shall be deemed to be an em ployee until he is re-employed or until his applica tion has been disapproved by the Director of Personnel under the provisions of

section 4 respect ing mental and physical fitness for employment.". G.

Section 6 is amended by striking out subsection (1) and by substituting the following: ~oe~t~ib~t10ns "6.

(1) An employee, as defined in The Public Service Pension Act,- "(

a) whose application for leave of absence under this Act has been approved; and " (

b) who enlists as a member of the armed forces of Canada or the United Nations; and

3 " (

c) who is not contributing to any pension scheme, plan or fund of Canada or the United Nations by reason of service in the armed forces of Canada Or the United Nations; may continue to make contributions to the General Revenue Fund at the rate of five per cent of the combined salary and cost-of-living bonus which was payable to him immediately prior to his enlistment. "(1a) Where an employee who contributed to a pension scheme of Canada or the United Nations while serving in the armed forces of Canada or the United Nations is re employed pursuant to

section 4, he may pay his contribu tions to the General Revenue Fund for the period of his enlistment at the rate prescribed in subsection (1) in such manner and upon such terms and conditions as the Pension Board may direct.". 7. This Act shall come into force on the day upon which foOrIDing into it is assented to and upon so coming into force it shall be ce deemed to have been in force at all times on and after the ninth day of August, 1950.

No. 27. FIFTH SESSION ELEVENTH LEGISLATURE 1 Elizabeth II 1952 BILL

An Act to amend The Civil Servants War Service Act. Received and read the First time. Second time .. Third time ... HON. MR. HOOKE. Title: 1952 (11th, 5th) Bill 27,

An Act to amend The Civil Servants War Service Act

Document details

Collection	Alberta — Bills
Citation	L11 S5 6824
Type	bill
Volume / chapter	L11 S5 6824
Language	en
Format	json
Source	PROVINCIAL
Identifier	4f5e1a83d87c58f31fea7ae30401362f491255f4

Source file is stored in the law ingest library (json).