RPT16.1

An employee appointed to the regular service between April 1, 1978 and December 31, 2008 shall be entitled to benefits described under Article RPT16.1.

An employee,

(a) who has completed a minimum of one (1) year of continuous service and who ceases to be an employee because of,

(i) death,

(ii) retirement pursuant to total and permanent disability that entitles them to a pension or payment under the Public Service Pension Plan,

(iii) dismissal for certain reasons under Section 39 of the Public Service of Ontario Act, 2006, or

(iv) resignation during the surplus notice period; or

(b) who has completed a minimum of five (5) years of continuous service and who ceases to be an employee for any other reason than,

(i) dismissal under Section 34 of the Public Service of Ontario Act, 2006, or

(ii) abandonment of position under Section 42 of the Public Service of Ontario Act, 2006,

is entitled to severance pay equal to that portion of a week’s pay represented by the ratio of their weekly hours of work to full-time employment, for each year of continuous service.

Notwithstanding Article RPT16.1, an employee who voluntarily resigns is only entitled to termination payments for service accrued up to December 31, 2008.

RPT16.2

An employee appointed to the regular service on or after January 1, 2009 shall be entitled to benefits described under Article 16.2.

An employee,

(a) who has completed a minimum of one (1) year of continuous service and who ceases to be an employee because of,

(i) death,

(ii) retirement pursuant to total and permanent disability that entitles them to a pension or payment under the Public Service Pension Plan,

(iii) dismissal for certain reasons under Section 39 of the Public Service of Ontario Act, 2006, or

(iv) resignation during the surplus notice period; or

(b) who has completed a minimum of five (5) years of continuous service and who ceases to be an employee for any other reason than,

(i) dismissal under Section 34 of the Public Service of Ontario Act, 2006,

(ii) abandonment of position under Section 42 of the Public Service of Ontario Act, 2006, or

(iii) a voluntary resignation under Section 41 of the Public Service of Ontario Act, 2006. A voluntary resignation does not include a retirement if the employee ceases employment and is entitled to a pension, other than a disability pension, under the Public Service Pension Plan or the OPSEU Pension Plan immediately after retiring,

is entitled to severance pay equal to that portion of a week’s pay represented by the ratio of their weekly hours of work to full-time employment, for each year of continuous service.

RPT16.3

Effective December 31, 2016, employees shall no longer accrue termination pay entitlement upon retirement. Termination pay accrued up to and including December 31, 2016 shall be payable at the wage rates applicable on December 31, 2016.

RPT16.4

Employees appointed on or after January 1, 2017 will not be entitled to termination pay.

RPT16.5

The total of the amount paid to an employee in respect of accumulated attendance credits, severance pay, or both, to an employee appointed to the regular service on or before December 31, 2008 shall not exceed one-half (1/2) of the annual salary of the employee at the date when they cease to be an employee under RPT16.1.

RPT16.6

The total of the amount paid in respect of accumulated attendance credits, severance pay, or both, to an employee appointed to the regular service on or after January 1, 2009 shall not exceed one-quarter (1/4) of the annual salary of the employee at the date when they cease to be an employee.

RPT16.7

The calculation of severance pay of an employee shall be based on the annual salary of the employee as though they were employed full-time at the date when they cease to be an employee.

RPT16.8

Where a computation for severance pay involves a part of a year of the total period under consideration, the computation of that part shall be made on a monthly basis, and,

(a) any part of a month that is less than fifteen (15) days shall be disregarded; and

(b) any part of a month that is fifteen (15) or more days shall be deemed to be a month.

RPT16.9

For purposes of determining qualification for severance pay and the amount of severance pay to which an employee is entitled, an employee’s service shall not include any period when they are on leave of absence without pay for greater than thirty (30) days or for a period which constitutes a hiatus in their service, such as:

(a) Political Activity (Public Service of Ontario Act, 2006, Part V)

(b) Layoff (Article RPT8 – Layoff, Surplus Entitlements and Surplus Pension Bridging)

(c) Educational Leave (Public Service Commission Key Directive on HR Administration, section 14 and 15).

RPT16.10

An employee may receive only one (1) termination payment for a given period of service.

RPT16.11

Notwithstanding Article RPT16.8, an employee who has been released in accordance with Article 29 (Surplus Entitlement) and who is subsequently re-appointed within two (2) years may, at their option, repay any termination payments received under this Article to the Minister of Finance, and, thereby, restore termination pay entitlements for the period of service represented by the payment.

RPT16.12

An employee, when they cease to be an employee, shall have any accrued severance pay entitlements from their service, when covered under employee benefits for full-time Regular employees of this Collective Agreement calculated on the basis of their salary as though they were employed full-time.

RPT16.13

In a case where an employee leaves employment with the Employer and acquires a job with a Crown Agency, the Employer may pay out the termination pay immediately or, by arrangement with the Crown Agency, transfer liability for the termination pay to the Crown Agency, in which case such liability will be assumed by the Crown Agency and the Employer will be relieved from any further obligation in this regard, save and except that where the Crown Agency does not satisfy its obligation, the Employer shall do so.

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