RPT4.01.01

An employee appointed to the regular service between May 1, 1979 and December 31, 2008 shall be entitled to the benefits described under this section:

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,

or

(iii) dismissal for certain reasons under Section 39 of the Public Service of Ontario Act, 2006, 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 that the employee’s weekly hours of work bear to full-time employment, for each year of service.

Notwithstanding Article RPT4.01.01, an employee who voluntarily resigns is only entitled to termination payments for service accrued up to December 31, 2008.


RPT4.01.02

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

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, or

(iii) dismissal for certain reasons under Section 39 of the Public Service of Ontario Act, 2006; 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 immediately after retiring,

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


RPT4.01.03

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.


RPT4.01.04

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


RPT4.02

(a) 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 before December 31, 2008 shall not exceed one-half (26 weeks) of the annual salary at the date when the employee ceased to be an employee pursuant to Article RPT4.01.01(a).

(b) 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 (13 weeks) of the annual salary at the date when the employee ceased to be an employee.

(c) The calculation related to accumulated attendance credits or severance pay shall be based on the annual salary the employee was receiving when the employee ceases to be an employee.

(d) Where a computation for severance pay involves part of a year, the computation of that part shall be made on a monthly basis, and

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

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


RPT4.03

An employee is not entitled to severance pay in respect of a period,

(a) when the employee is on leave-of-absence without pay for a period which is greater than thirty (30) days, or for a period which constitutes a hiatus in their service such as:

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

(ii) Layoff (Article 29)

(iii) Educational Leave (Public Service of Ontario Act, 2006, Public Service Commission Key Directive on HR Administration, sections 14 and 15)


RPT4.04

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


RPT4.05

Any severance pay to which an employee is entitled under Article RPT4 shall be reduced by an amount equal to any payment to which the employee is entitled under Section 15.01(b) of Article 15.


RPT4.06

An employee, upon ceasing to be an employee, shall have any accrued severance pay entitlements from their service when covered by Part A of this agreement calculated on the basis of the employee’s salary as though the employee were employed full-time.