38. An employee who has had a period of absence without pay at a time he or she held pensionable employment may, if the employee applies therefor, be credited with all or part of that period of absence. However, if that period of absence ended after 30 June 2002, it must have consisted of more than 30 consecutive days or, in the case of part-time absence, of more than 20% of the regular time of a full-time employee holding similar employment.
The employee may not be credited with less than 10 pensionable days in respect of the same calendar or school year, as the case may be, unless the number of days of absence is less than ten. In that case, the employee must be credited with all such days.
To redeem a period of absence, the employee must be contributing to the plan on the date the application is received by the Commission, which must be subsequent to the date of the end of the period of absence except if pursuant to section 34 or 36 the employee does not pay contributions. However, such a period may also be redeemed if, at the end of the period, the employee is no longer contributing to the plan by reason of eligibility for a pension or death, by reason of a transfer agreement entered into under section 203 or, where the employee contributed after the period of absence, if the employee’s application for redemption and pension application are received simultaneously by the Commission.
For the purposes of the third paragraph, an employee who, at the end of a period of absence without pay, is contributing to the Pension Plan of Certain Teachers or the Pension Plan of Peace Officers in Correctional Services, provided the employee was not in the latter case holding pensionable employment under the Civil Service Superannuation Plan at the time the period of absence without pay began, may also redeem such a period of absence prior to his or her participation in any such plan if the application was received while the employee was participating in this plan.
An employee who ceases to participate in the plan after a period of absence without pay of 30 consecutive days or less for which only part of the amount to be withheld pursuant to section 41.1 has been withheld may also be credited with that part of the period of absence for which no amount has been so withheld.
An employee who holds another pensionable employment under this plan, or who holds pensionable employment under the Government and Public Employees Retirement Plan or the Pension Plan of Peace Officers in Correctional Services during part of a period of absence without pay may not be credited with the days and parts of a day during which such employment is held.
2001, c. 31, s. 38; 2002, c. 30, s. 126; 2004, c. 39, s. 222.