S-4.2, r. 5.2 - Regulation respecting certain terms of employment applicable to senior administrators of agencies and of public health and social services institutions

Section 138 Disposition versions

2012-09-01

138. Payment of the severance pay provided for in section 134 shall cease where the senior administrator holds another position in the public or parapublic sector with a salary which is equal or higher to the indemnity paid for the same period. It also ceases where the senior administrator receives from the Régie de l’assurance maladie du Québec a remuneration which is equal or higher to the indemnity paid for the same period.

Where a senior administrator holds a position in the public or parapublic sector before he has been paid the total amount of the severance pay provided for in section 134 and where that senior administrator receives a salary lower than the salary he was receiving on the date of his departure, the original employer shall, upon presentation of vouchers, pay periodically to the senior administrator the difference between the 2 salaries, up to the total amount of the severance pay, or until the senior administrator’s new salary has reached or exceeded the salary he was receiving on the date of his departure, whichever occurs first.

Where a senior administrator receives a remuneration from the Régie de l’assurance maladie du Québec before he has been paid the total amount of the severance pay provided for in section 134 and where that remuneration is lower than the salary he was receiving on the date of his departure, the original employer shall, upon presentation of vouchers, pay periodically to the senior administrator the difference between his salary and this remuneration, up to the total amount of the severance pay, or until the senior administrator’s new salary has reached or exceeded the salary he was receiving on the date of his departure, whichever occurs first.

O.C. 1217-96, s. 138; M.O. 2011-007, s. 29.