The Public Service's Post-Employment Regime
Foreword
The Treasury Board Secretariat created the People in Transition - Knowing Your Options series to provide employees with up-to-date information on human resources initiatives and programs during a time of restructuring and readjustment in the federal Public Service.
This issue of People in Transition presents guidelines to employees who are leaving under the various departure programs and who may be considering reemployment with, or contracting with, an organization in Schedules I or II of the Public Sector Compensation Act or with an agency covered by the Public Service Superannuation Act.
Under the Post-Employment Regime, former employees must keep certain things in mind when seeking employment opportunities with the government -- after leaving the government.
Before they leave under a departure incentive program, employees should consult their human resources advisor to ensure that they are fully aware of the implications of the Post-Employment Regime.
A. Introduction
This issue of People in Transition deals with what happens to former employees who have left the Public Service under the various departure programs and who seek to work again with the federal government.
Generally speaking, the intention of the Government of Canada is that when functions have ceased to exist as a result of the Program Review, the positions of the incumbents of those functions should cease too. This is subject to minor modifications such as those in the concepts of Management of Alternates (ref: letter to Directors of Personnel, May 24, 1995) and of Reverse Order of Merit (ref: Manager's Guide to Employment Adjustment).
We are in the age of a renewed, smaller Public Service. For that reason, very few employees leaving the Public Service under the Early Retirement Incentive (ERI), Early Departure Incentive (EDI), Executive Employment Transition Policy (EETP), or other departure incentive programs are expected to return in any capacity to employment with the Public Service. The ERI, EDI, EETP and other departure incentive programs are intended to help employees who have been declared surplus make the transition either to an earlier retirement than they might have expected or to work in the private sector.
However, the government recognizes that citizens are free to apply for any jobs for which they are qualified. It also recognizes that the Public Service may need the services of some employees after they have left.
The key issue is what should be the terms, limitations, and conditions under which such persons who have received departure incentive packages return to work, whether as employees or contractors.
This People in Transition document outlines the terms and conditions that apply to former employees who return to work in departments and agencies covered by the Public Sector Compensation Act, Schedules I or II. Schedules I and II basically comprise all departments and agencies of the Government of Canada, along with other entities such as the museums, the National Gallery, the National Capital Commission, and several corporations. You should check with your human resources specialist should you be in any doubt as to whether your employing department, or any potential future employing entity, is within this universe.
In addition, this document describes the effect on ERI
benefits of reemployment with any agency participating
under the Public Service Superannuation Act.
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