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 161 Disposition versions

2016-01-01

161. A senior administrator, other than a senior administrator benefiting from the employment stability measures provided for in Chapter 5 or end-of-engagement measures provided for in Chapter 6, who has reached 55 years of age and has accumulated 15 years of continuous service on or before 31 March 2011 may receive an attraction and retention allowance.

This attraction and retention allowance corresponds to 20% of the salary that is paid to the senior administrator. It is paid in the form of a lump sum in proportion to the time worked and according to the procedures of the employer’s pay system. It shall take effect on 30 March 2011. This amount is revised on 1 April of each year, taking into account changes in the salary paid to the senior administrator.

Whatever the changes in the senior administrator’s salary, the cumulative percentage of annual payments fixed at 20% per year may not, under any circumstances, exceed 100% during and at the end of the senior administrator’s career in the health and social services sector, and the allowance may not be paid for a period of more than 5 years.

In the event that the employment relationship is terminated before the senior administrator has reached the percentage of 100%, that is, before the end of the five-year period that starts on the day on which the senior administrator becomes eligible for the attraction and retention allowance, the senior administrator shall receive, at the time of the termination of the employment relationship, the difference between the cumulative percentages of 20% already received and 100%. The percentage that corresponds to this difference shall be applied to the senior administrator’s annual salary when employment is terminated.

To be entitled to the attraction and retention allowance, a senior administrator shall commit, in writing, starting with the first payment, not to hold a regular or temporary position, whether full-time or part-time, of senior administrator, officer, union member, unionizable non-member or fee-earning consultant in the public and parapublic sectors for a period of 2 years following his or her departure. If this commitment is not met, the senior administrator must reimburse all amounts received as an attraction and retention allowance.

The board of directors may, in certain special circumstances and with the approval of the Minister, release the senior administrator from the commitment prescribed in the fifth paragraph.

A senior administrator who does not meet the criteria of having reached 55 years of age and having accumulated 15 years of continuous service on or before 31 March 2011 may not benefit from the provisions of this section. However, he or she remains subject to the provisions of section 40.2.

This section does not apply to a senior administrator who receives a retirement pension from a pension plan managed by Retraite Québec, other than the Pension Plan of Elected Municipal Officers (PPEMO), the Retirement Plan for Mayors and Councillors of Municipalities (RPMCM) or the Pension Plan of the Members of the National Assembly (PPMNA).

M.O. 2011-007, s. 32; M.O. 2011-018, s. 15.

2012-09-01

161. A senior administrator, other than a senior administrator benefiting from the employment stability measures provided for in Chapter 5 or end-of-engagement measures provided for in Chapter 6, who has reached 55 years of age and has accumulated 15 years of continuous service on or before 31 March 2011 may receive an attraction and retention allowance.

This attraction and retention allowance corresponds to 20% of the salary that is paid to the senior administrator. It is paid in the form of a lump sum in proportion to the time worked and according to the procedures of the employer’s pay system. It shall take effect on 30 March 2011. This amount is revised on 1 April of each year, taking into account changes in the salary paid to the senior administrator.

Whatever the changes in the senior administrator’s salary, the cumulative percentage of annual payments fixed at 20% per year may not, under any circumstances, exceed 100% during and at the end of the senior administrator’s career in the health and social services sector, and the allowance may not be paid for a period of more than 5 years.

In the event that the employment relationship is terminated before the senior administrator has reached the percentage of 100%, that is, before the end of the five-year period that starts on the day on which the senior administrator becomes eligible for the attraction and retention allowance, the senior administrator shall receive, at the time of the termination of the employment relationship, the difference between the cumulative percentages of 20% already received and 100%. The percentage that corresponds to this difference shall be applied to the senior administrator’s annual salary when employment is terminated.

To be entitled to the attraction and retention allowance, a senior administrator shall commit, in writing, starting with the first payment, not to hold a regular or temporary position, whether full-time or part-time, of senior administrator, officer, union member, unionizable non-member or fee-earning consultant in the public and parapublic sectors for a period of 2 years following his or her departure. If this commitment is not met, the senior administrator must reimburse all amounts received as an attraction and retention allowance.

The board of directors may, in certain special circumstances and with the approval of the Minister, release the senior administrator from the commitment prescribed in the fifth paragraph.

A senior administrator who does not meet the criteria of having reached 55 years of age and having accumulated 15 years of continuous service on or before 31 March 2011 may not benefit from the provisions of this section. However, he or she remains subject to the provisions of section 40.2.

This section does not apply to a senior administrator who receives a retirement pension from a pension plan managed by the Commission administrative des régimes de retraite et d’assurance (CARRA), other than the Pension Plan of Elected Municipal Officers (PPEMO), the Retirement Plan for Mayors and Councillors of Municipalities (RPMCM) or the Pension Plan of the Members of the National Assembly (PPMNA).

M.O. 2011-007, s. 32; M.O. 2011-018, s. 15.