About this directive
| Reference to applicable legislation (act or regulation): | Section 11, Public Sector Pension Plans Act Sections 4.02, 4.03, 4.04 and 11.05, Public Service Pension Plan |
|---|---|
| Application: | All employees formerly appointed or employed pursuant to the Public Service Act and receiving a pension under the PSPP and the MEPP who are hired without a competitive process. |
| Last updated: | February 2022 |
| Last reviewed: | February 2022 |
| Amended by: | Alberta Public Service Commission: Strategic Services and Public Agency Secretariat; Workforce Policy Branch, Workforce Policy |
Purpose
Departments may identify a need to complete a specific project or initiative, facilitate knowledge transfer, or provide mentorship for a specific role, which requires the temporary re-employment of a former Alberta Public Service employee who is receiving a pension.
Overview
This directive describes the criteria under which former Alberta Public Service employees, who are receiving a pension under the Public Service Pension Plan (PSPP) or the Management Employees Pension Plan (MEPP), can be temporarily re-employed without a competitive process. This directive does not apply if a PSPP or MEPP pensioner is hired through an open competition.
Definition of terms
Disclaimer: If there are any discrepancies in how the terms are defined below and the Public Service Act and Public Service Employment Regulation, the act and regulation supersede.
Deputy head: Chief officer of a department, as well as various positions including clerks, officers, and commissioners as prescribed in section 1(d) and section 1(d)(viii)(B) of the Public Service Act.
Senior official: individuals appointed by an Order in Council and paid by the Government of Alberta.
Temporary re-employed pensioner: a former Alberta Public Service employee who is receiving a pension under either the PSPP or the MEPP and who is temporarily rehired without a competitive process.
Temporary re-employment of pensioners
Pension legislation allows a PSPP or MEPP pensioner to continue to receive pension benefits when re-employed by the Government of Alberta, however, they can no longer continue to contribute to PSPP or MEPP.
Criteria for temporary re-employment of a pensioner
Consultation with, and approval from, the Public Service Commissioner is required before a deputy head can temporarily re-employ a PSPP or MEPP pensioner. Extensions to a re-employed pensioner arrangement must also be approved by the Public Service Commissioner.
A pensioner can only be temporarily re-employed when:
- the staffing need can only be filled by a former Alberta Public Service employee who has become a pensioner; and
- the pensioner will be either:
- completing a specific project or initiative, where the end date is known, or
- facilitating knowledge transfer or mentoring in relation to their former role, with a specific end date
Former deputy heads and senior officials are not eligible to be re-employed as pensioners in any capacity under this directive.
Fee-for-service contracts
In some circumstances, it may be possible to retain a pensioner as an independent contractor, pursuant to a fee-for-service contract. A pensioner returning on a fee-for-service contract is a contractor and not an employee. To determine if a fee for service contract is appropriate and to ensure compliance with all fee for service contract requirements, please consult with your department’s finance team.
Appendix
The following charts outline the conditions that apply when temporarily re-employing a pensioner in a management position, opted out or excluded position, or for bargaining unit work.