Bill 22 (Legislature 8, Session 9)

L8 S9 7955

Alberta — Bills

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Bill 22 (Legislature 8, Session 9)

L8 S9 7955

Alberta — Bills

BILL No. 22 of 1940.

An Act Respecting Members of the Civil Service who Enlist For Active Service in the Military, Naval 'Or Air Forces 'Of Canada during the Present War Between Gre~t Britain and the German Reich. (Assented to , 1940.) HIS MAJESTY, by and with the advice and c'Onsent of the Legislative Assembly of the Province 'Of Alberta, enacts as foll'Ows: 1. This Act may be dted as "The Alberta Civil Servants War Service Act." 2.

In this Act unless the context otherwise requires,­ (a) "Civil Service Commissioner" means the Civil Service Commissioner appointed pursuant to The Public Service Efficiency Act; (b) "Employee" means any person in the service of the Government or of the Legislative Assembly 'Of the Province. 3. Any employee who desires to enlist in the active military, naval or air forces of Canada during the existing state of war in Canada may make application in writing for leave of absence to the Civil Service Commissioner. 4. Upon the appr'Oval of any such application by the Civil Service Commissioner,- (

a) if the employee is a married man who has a wife or children dependent upon him and has been in the Service continuously for a period of one year, he shall upon enlistment be paid the equivalent of one month's salary computed from the date of his leav­ ing the Service; (

b) if the employee if' a married man having no wife or child dependent upon him 'Or is an unmarried man, and has been in the Service continu'Ously f'Or a period of one year, he shall upon enlistment be paid the equivalent 'Of one-half of one month's salary computed from the date of his leaving the Service; (

c) if the employee was employed otherwise than tem­ porarily or if being a temporary employee was em­ ployed prior t'O the tenth day 'Of September, 1939,

2 and at the time of his application for leave of absence was temporarily employed in a position which is ordinarily filled by a permanent employee, and has been so employed f'Or at least one year, or was an employee engaged upon permanent seasonal work on a salary or wage basis as at the first day 'Of September, 1939, and has been so employed for at least six months during the years 1937 and 1938 and for at least four months during the year 1939, 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 honour­ able discharge from the a'ctive military, naval or air forces of Canada, that he applies for re-employ­ ment within three months after his discharge, and within twelve months after the termination of the existing state 'Of war in Canada, and that he satis­ fies the Civil Service Commissioner that he is men­ tally and physically fit for such employment; (

d) an effort will be made to re-employ temporary em­ ployees other than those eng;J.ged to replace employees who have enlisted for military service, if an application for re-employment is made by any such employee within three months from the date of his honourable discharge, and within twelve months after the termination of the existing state of war in Canada, providing the employee satisfies the Civil Service Commissioner that he is mentally and physically fit for such employment. 5.

In case an employee whose application for leave of absence under this Act has been approved was immediately prior to his enlistment an employee within the meaning of The Superannuation Act, such employee shall, subject to the following provisions of this Act, be deemed to be an employee within the meaning of the s,aid Act until the ex­ piration of twelve months after the termination of the existing state of war in Canada or until the expiration of three months from the date of discharge of the employee from his service or the death of the employee, whichever event shall first happen. G.

Section 5 of The Superannuation Act shall not apply to an employee whose application for leave of absence under this Act has been approved and who enlists as a member of the military, naval or air forces of Canada, and in lieu thereof the following provisions shall apply: (

a) There shall be paid from the General Revenue Fund into the Superannuation Fund each month to the credit of the employee a sum equivalent to 4 per cent of the monthly salary which was payable to the employee immediately before his enlistment, and there shall be paid half-yearly into the said Fund to the credit of the employee, interest on such pay­ ments at the rate of 5 per cent per annum or at such

s other m,te of interest as may be pres,cribed by any regulation made under the provisi'Ons 'Of The Superannuation Act; ProOvided always that no such payment shall be made after the expiration of twelve months after the termination of the existing state of war in Canada; (

b) The employee may pay into the Superannuation Fund monthy an amount not exceeding 4 per cent of the monthly salary he received immediately pri'Or to his enlistment; (

c) The foregoing provisions shall cease to operate upon the employee or any of his dependents becom­ ing qualified to receiv,e superannuation or any other benefit under The Superannuation Act. 7. The Lieutenant Governor in Council may from time to time by regul,ation prescribe as to the manner in which any proceeding under this Act is to be carried on and the f'Orms to be used in relation therew. 8. This Act shall come into force on the day upon which it is assented to, and upon so coming into f'Orce shall be deemed toO have been in force at all times on and after the tenth day of September, 1939.

NINTH SESSION EIGHTH LEGISLATURE 4 GEORGE VI 1940 BILL

An Act Respecting Members of the Civil Service who Enlist :Dor Active Service in the Military, Naval or Air Forces of Canada during the present War between Great Britain and the German R,eich. Received and read the First time ...................................... .. Second time .................................... .. Third time ....................................... . HON. MR. MANNING. EDMONTON: A. Shnitka, King's Printer 1 9 4 0 Title: 1940 (8th, 9th) Bill 22,

An Act Respecting Members of the Civil Service who Enlist for Active Service in the Military, Naval or Air Forces of Canada during the present War between Great Britain and the German Reich

Document details

CollectionAlberta — Bills
CitationL8 S9 7955
Typebill
Volume / chapterL8 S9 7955
Languageen
Formatjson
SourcePROVINCIAL
Identifier9f1c1c24820d6fe9eff67a5d3c7f71d0adb5d73e

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