Bill 79 (Legislature 11, Session 4)

L11 S4 6990

Alberta — Bills

Bill No. 79 of 1951. A BILL RESPECTING MEMBERS OF THE CIVIL SE-RVICE WHO ENLIST FOR ACTIVE SERVICE IN' NAVAL, MILITARY 0'R AIR FORCES OF CANADA OR THE UNITED NATIONS. NOTE. This Bill enacts a new Act to be cited as "The Civil Ser vants War Service Act". This Act, in general outline, is much the same as the former Act, being

chapter 38 of the Revised Statutes of Alberta, 1942, which it repeals. It is applicable to civil servants recruited for Korean service or service with the United Nations forces. The only variation from the former Act appears in

section 6 under the heading "Pensions" where it is provided that any employee whose application for leave of absence has been approved, may make pension contributions 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. This Bill is retroactive to the 9th day of August, 1950, which was the effective date on which recruiting for the special force for action with the United Nations in Korea commenced. KENNETH A. McKENZIE, Legislative Counsel. (This note does not form any part of the Bill but is offered in explanation of its provisions.)

BILL No. 79 of 1951.

An Act respecting Members of the Civil Service Who Enlist for Active Service in the Naval, Military or Air Forces of Canada or the United Nations. (Assented to , 1951.) HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows:

Short Title. 1. This Act may be cited as "The Civil Servants War Shor.ttitle Service Act".

Interpretation. 2. In this Act, unless the context otherwise requires,- It!lterpreta-IOn (a) "Director of Personnel" means the Director of Per- "Director sonnel appointed pursuant to The Public Service ~fersonnel" Act, 1947; (b) "employee" means any person in the service of the "employee" Government or the Legislative Assembly of the Province. Leave of Absence. 3. Any employee who desires to enlist in the active naval, tpPllicatio~ military or air forces of Canada or the United Nations may a~~e~~~e 0 make application in writing for leave of absence to the Director of Personnel. Gratuities and Re-employment. 4.

Upon the approval of any such application by the Payment of " f P 1 salary upon DIrector 0 ersonne ,- enlistment (

a) if the employee is a married man who has a wife ~~~l~e;ment or children dependent upon him and has been in udPonh g h " t" 1 f "d f ISC ar e t e serVIce con Inuous y or a perlO 0 one year, he shall upon enlistment be paid the equivalent of one month's salary computed from the date of his leaving the service; (

b) if the employee is a married man having no wife or child dependent upon him or is an unmarried man, and has been in the service continuously for a period of one year, he shall upon enlistment be paid

Application of The Public Service Pension Act (c) (d) 2 the equivalent of one-half of one month's salary computed from the date of his leaving the service; if the employee was employed otherwise than tem porarily, or if being a temporary employee and at the time of his application for leave of absence was temporarily employed in a position which is ordin arily filled by a permanent employee, and has been so employed for at least one year, or was an em ployee engaged upon permanent seasonal work on a salary or wage basis and has been so employed for at least six months during eaeh season for two con secutive years, he shall be entitled to re-employment in the same or similar capacity as that in which he was employed prior to enlistment, provided he receives an honourable diseharge from the active naval, military or air forces of Canada or the United Nations, that he applies for re-employment within three months after his discharge, and that he satis fies the Director of Personnel that he is mentally and physically fit for such employment; an effort will be made to re-employ temporary em ployees other than those engaged to replace em- ployees who have enlisted for military service, if an application for re-employment is made by the em ployee within three months from the date of his honourable discharge, and if the employee satisfies the Director of Personnel that he is mentally and physically fit for such employment. 5.

In ease an employee, whose appli,cation for leave of absence under this Act has been approved, was immediately prior to his enlistment an employee within the meaning of The Public Service Pension Act, that employee, subject to the following provisions of this Act, shall be deemed to be an employee within the meaning of the said Act until the expiration of three months from the date of discharge of the employee from his service or the death of the employee, whiehever event shall first happen. Pensions. Pensi?n . 6.

(1) Any employee, as defined in The Public Service contributIOns Pension Act, whose application for leave of absence under this Act has been approved and who enlists as a member of the naval, military or air forces of Canada or the United Nations, may eontinue 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 enlistme~t.

(2) If the employee contributes at the rate fixed under subsection (1), the period of his service in the naval mili tary or air forces of Canada or the United N ations c~vered by s.uch .contributions shall be deemed to be pensionable serVIce for all purposes under The Public Service Pension Act.

(3) The employee's contributions to the General Revenue Fund shall cease upon the employee or any of his dependents becoming qualified to receive any benefits under The Public Service Pension Act. Regu,)atio,ns. 7. The Lieutenant Governor in Council, from time to Regulations time by regulation, may prescribe as to the manner in which any proceeding under this Act is to be carried on and the forms to be used in relation thereto. 8. The Alberta Civil Servants War Service Act, being Repeal

chapter 38 of the Revised Statutes of Alberta, 1942, is here- by repealed. 9. This Act shall come into force on the day upon which ~~m~ng it is assented to and upon so coming into force it shall be m 0 orce deemed to have been in force at all times on and after the ninth day of August, 1950.

No. 79. FOURTH SESSION ELEVENTH LEGISLATURE 15 GEORGE VI 1951 BILL

An Act respecting Members of the Civil Service Who Enlist for Active Service in Naval, Military or Air Forces of Canada or the United Nations. Received and read the First time .. , Second time ........ . Third time HON. MR. HOOKE. Title: 1951 (11th, 4th) Bill 79,

An Act respecting Members of the Civil Service Who Enlist for Active Service in the Naval, Military or Air Forces of Canada or the United Nations

Document details

Collection	Alberta — Bills
Citation	L11 S4 6990
Type	bill
Volume / chapter	L11 S4 6990
Language	en
Format	json
Source	PROVINCIAL
Identifier	7bbbbfb43f3b562959c6e0507e7f5d405d96f580

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