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Part II .

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Teachers’ Service Payouts Regulations

made under

Section 16 of the

Teachers’ Professional Agreement and Classroom Improvements

(2017) Act

S.N.S. 2017, c. 1

O.I.C. 2018-21 (effective January 30, 2018), N.S. Reg. 22/2018

Citation

1 These regulations may be cited as the Teachers’ Service Payouts Regulations .

Definitions

2 In these regulations,

“Act” means the Teachers’ Professional Agreement and Classroom Improvements

(2017) Act ;

“Agreement” means the Teachers’ Professional Agreement;

“eligible person” means a teacher who, up to July 31, 2015, had accrued service

respecting a service award in accordance with the Agreement or any other

professional agreement, and includes a teacher eligible for a service payout under

Section 4;

“notice of election” means a notice of an election made under subsection 15(1) of the

Act to be paid a service payout;

“school board” has the same definition as in the Education Act ;

“service payout” means the amount payable in lieu of a service award to an eligible

person under subsection 15(1) of the Act and these regulations, subject to any

withholdings required by law;

“teacher” has the same meaning as in the Education Act ;

“Teachers’ Provincial Agreement” means the professional agreement, as defined in

the Teachers’ Collective Bargaining Act , between the parties made on May 14,

2013, and as amended in accordance with

Schedule A to the Act.

Formula for calculation of service payout

3 Except as provided in

Section 4, an eligible person’s service payout must be calculated in

accordance with the formula in the applicable provisions of

Article 61 of the Agreement,

except that the salary used to calculate the service payout must be the eligible person’s

annual rate of salary on March 31, 2018, according to their teaching certificate and

experience, including any administrative allowance.

Service payout for teachers hired after July 31, 2002

(1) Despite the requirement for 10 or more consecutive years of service in

Article 61.03

of the Agreement, a teacher hired by a school board after July 31, 2002, who accrued

service with any school board up to July 31, 2015, may elect to be paid a service

payout, as calculated in accordance with this Section.

(2) A service payout under this

Section must be calculated at a rate of 1% for each year

of service up to July 31, 2015, multiplied by the teacher’s annual rate of salary on

March 31, 2018, according to their teaching certificate and experience, including any

administrative allowance.

(3) For the calculation in subsection (2), a year of service is accrued in the same manner

as in

Article 61.04 of the Agreement.

Service payout calculation from school board

5 A school board must provide each eligible person in their employ with a calculation of the

service payout that the eligible person is entitled to under the Act and these regulations.

Notice of election for service payout

(1) Any eligible person who elects under subsection 15(1) of the Act to be paid a service

payout must deliver notice of their election to the school board they are employed

with.

(2) A notice of election must be in writing in the form approved by the Minister.

Deadline for electing service payout

7 A notice of election must be delivered by 1 of the following methods in accordance with

the applicable deadline:

(

a) by electronic mail, no later than 11:59 pm on March 29, 2018;

(

b) by hand delivery to the school board office, no later than 4:00 pm on March

29, 2018.

Payment of service payout

8 Any service payout paid by a school board must be made after April 1, 2018.

No service payout if election not made

9 An eligible person who does not deliver a notice of election in accordance with these

regulations must not receive a service payout.

Service award entitlement

(1) Failure to elect to be paid a service payout does not, in itself, prevent a person from

receiving any service award they are eligible for under the Agreement or any other

professional agreement upon their death or retirement or otherwise.

(2) Nothing in these regulations entitles a person to receive, upon their death or

retirement or otherwise, a service award they would not have otherwise been eligible

for under the Agreement or any other professional agreement.

Payment in lieu of service award

11 No further payment or benefit may be made by a school board or the Minister in respect of

a service award under the Agreement or any other professional agreement to a person who

is paid a service payout in accordance with the Act and these regulations.

Legislative History

Reference Tables

Teachers' Service Payouts Regulations

N.S. Reg. 22/2018

Teachers' Professional Agreement and Classroom Improvements

(2017) Act

Note: The

information in these tables does not form part of the regulations and is

compiled by the Office of the Registrar of Regulations for reference only.

Source Law

The current consolidation of the Teachers’ Service Payouts Regulations made

under the Teachers’ Professional Agreement and Classroom

Improvements

(2017) Act includes all of the following regulations:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

22/2018

Jan 30, 2018

date specified

Feb 16, 2018

The following regulations are not yet in force and are not

included in the current consolidation:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

*See subsection 3(6) of the Regulations Act for

rules about in force dates of regulations.

Amendments by Provision

ad. = added

am. = amended

fc. = fee change

ra. = reassigned

rep. = repealed

rs. = repealed and substituted

Provision affected

How affected

..........................................................

Note that changes to headings are not

included in the above table.

Editorial Notes and Corrections:

Note

Effective

date

Repealed and Superseded:

N.S.

Regulation

Title

In force

date

Repealed

date

Note: Only

regulations that are specifically repealed and replaced appear in this

table. It may not reflect the entire

history of regulations on this subject matter.