Compensation Improvement Instructions - Excluded Law Group (LA) - LA-DEV, LA-01, LA-2A and LA-2B - Information Notices

6 June 2002

Compensation Improvement Instructions - Excluded Law Group (LA) - LA-DEV, LA-01, LA-2A and LA-2B

The Treasury Board on June 6, 2002 authorized salary range adjustments for excluded employees of the Law Group (LA) at levels LA-01, LA-2A and LA-2B subject to either the national or Toronto rates of pay as follows:

1. A restructure that raises the maximum of the salary ranges for levels LA-01 to LA-2B by 4.6% effective 1 April 2001;
2. A restructure that raises the minimum of the range for level LA-01 by 4.6% effective 1 April 2001;
3. A restructure that raises the minimum of the range for level LA-2A subject to the Toronto rates of pay by $650 effective 1 April 2001;
4. An increase of 3.2% effective 1 April 2001 (after the restructure is applied);
5. An increase of 2.8% effective 1 April 2002; and
6. An increase of 2.5% effective 1 April 2003.

In addition, the Treasury Board approved increases to the salary range of the LA-DEV level as follows:

1. An increase of 3.2% effective 1 April 2001;
2. An adjustment to the maximum of the range for LA-DEV to $58,000 effective 1 April 2002; and
3. An increase of 2.5% effective 1 April 2003.

Ministers also authorized Departments to pay the Bar Admission Fees (Registration and Call Fees) for articling students employed by departments who are subsequently offered a LA position.

The Treasury Board approved the payment of a Toronto Market Competitiveness Allowance to eligible employees as defined in Annex B in recognition of the adverse market conditions that existed within Toronto in comparison with salary levels established by the Ministry of the Attorney General of the Province of Ontario during fiscal year 2001-2002. The Allowance is a one-time only lump sum payment of 8% of an eligible employee's base salary in effect on March 31, 2002. The allowance will be reviewed for consideration of renewal at the end of FY 2002-2003 depending on the future existing competitive climate. For further details of the Allowance, see Annex B. Eligible employees include any excluded member of the Law Group (LA) holding a substantive position classified at the LA-01 to LA-3B level and who report to the Ontario Regional Office of the Department of Justice or otherwise are located within the Greater Toronto Area and who met these conditions on 31 March 2002 and on 6 June 2002.

The new salary ranges and administrative instructions are contained in Annex A. Instructions for the Toronto Market Competitiveness Allowance are in Annex B.

Questions on the application of these increases should be referred to the Excluded Groups Compensation Directorate staff of the Human Resources Branch at (613) 952-3278 or (613) 952-3292.

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Annex A

LA Law Group

National rates of pay for excluded lawyers.
(annual in dollars)

(Rates of pay not authorized by collective agreement)

X)	Effective 1 April 2001
A)	Effective 1 April 2001
B)	Effective 1 April 2002
C)	Effective 1 April 2003

I - All Regions except Toronto

LA-DEV

From	$	24780	to	36990
To	A	25575	to	38175
To	B	25575	to	58000
To	C	26215	to	59450

LA-01

From	$	45900	to	65480
To	X	48010	to	68490
To	A	49545	to	70680
To	B	50930	to	72660
To	C	52205	to	74475

LA-2A

From	$	66520	to	91255
To	X	66520	to	95455
To	A	68650	to	98510
To	B	70570	to	101270
To	C	72335	to	103800

LA-2B

From	$	82770	to	100885
To	X	82770	to	105525
To	A	85420	to	108900
To	B	87810	to	111950
To	C	90005	to	114750

LA-3A

From	$	94000	to	119200
To	A	97000	to	122900

LA-3B

From	$	109100	to	133100
To	A	112500	to	137300

LA-3C

From	$	124200	to	151400
To	A	128100	to	156100

II - Toronto

LA-DEV

From	$	24780	to	36990
To	A	25575	to	38175
To	B	25575	to	58000
To	C	26215	to	59450

LA-01

From	$	45900	to	65480
To	X	48010	to	68490
To	A	49545	to	70680
To	B	50930	to	72660
To	C	52205	to	74475

LA-2A

From	$	65870	to	105060
To	X	66520	to	109895
To	A	68650	to	113410
To	B	70570	to	116585
To	C	72335	to	119500

LA-2B

From	$	86940	to	116110
To	X	86940	to	121450
To	A	89720	to	125335
To	B	92230	to	128845
To	C	94535	to	132065

LA-3A

From	$	99600	to	129550
To	A	102700	to	133600

LA-3B

From	$	109100	to	133100
To	A	112500	to	137300

PAY NOTES

1. To provide a restructure to those LAs at the LA-01, LA-2A and LA-2B level (subject to either the national or Toronto rates of pay) who have been at maximum of the salary range for their level for more than twelve (12) months on 1 April 2001 prior to any adjustment for economic increase. The salary for these employees will be adjusted to the new maximum shown on the "X" line.
2. To provide a restructure for those LA-01 who are at the minimum of the salary range on 1 April 2001 prior to any economic adjustment. All LA-01 who are below the minimum shown in the "X" line will be moved to the new minimum except those whose performance has been assessed as "unsatisfactory".
3. To provide an economic increase of 3.2% to all lawyers at the LA-DEV to LA-2B levels (either national or Toronto rates) effective 1 April 2001 subject to the range limits as shown on line "A".
4. To provide an economic increase of 2.8% to all lawyers at the LA-01 to LA-2B levels (either national or Toronto rates) effective 1 April 2002 subject to the range limits as shown in line "B".
5. To provide an economic increase of 2.5% to all lawyers at the LA-DEV to LA-2B levels (either national or Toronto rates) effective 1 April 2003, subject to the range limits as shown in line "C".
6. The rates of pay for articling students are to be administered at the discretion of the deputy head. Rates of pay for articling students are to be in accordance with the LA-DEV rates shown for the applicable effective date.
7. No lawyer shall be paid less than the minimum of his/her respective salary range, unless that lawyer is assessed as "unsatisfactory" in which case the lawyer will remain at his/her current rate of pay which could be less than the minimum of the range.

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Annex B

Toronto Market Competitiveness Allowance

What Is It?

The Toronto Market Competitiveness Allowance (TMCA) is an allowance intended to compensate eligible employees in recognition of the differences that exist in salary levels for legal talent within the Toronto market area and is aimed to promote retention of federal lawyers. The competitive market in Toronto is considered to be the salary levels offered by The Province of Ontario for legal counsel in the Ministry of the Attorney General.

The allowance consists of a lump-sum amount equal to 8% of an eligible employee's base salary in effect on 31 Mar 02 for the employee's substantive position in effect on 31 Mar 02 in recognition of the market competitiveness existing in the Toronto market for the fiscal year 2001-2002. For the purposes of calculating the allowance, the employee's base salary for the substantive position is used and does not include any acting premiums or other allowances or remuneration.

The allowance is paid as a single lump sum payment as soon as practical after approval. It is not considered as salary.

The Allowance, once established and approved, will not be amended to reflect any retroactive salary increases that may be approved at a later date.

Eligibility

To qualify for the allowance, an employee must:

1. hold a substantive position classified in the LA group at the LA-01 to LA-3B level (does not apply to LA-00) within the federal public service;
2. be excluded from collective bargaining;
3. be employed in or report to the Ontario Regional Office of the Department of Justice or otherwise be located within the Greater Toronto Area;
4. be an employee meeting these conditions on 31 Mar 02 and on the date the allowance was approved (6 Jun 02).

For part-time or term employees, the allowance shall be determined in the same proportion that their normal scheduled hours of work compared with the normal weekly hours of work of full-time employees. For part-time or term employees whose work hours were irregular during the year, the ratio used will be the total of their work hours divided by the total work hours in a year for full-time employees. The maximum number of qualifying hours in a day is 7.5 hours and in a week the maximum is 37.5 hours.

If employment was terminated by death, then the allowance would be payable assuming the other non-date related conditions were met. In this case, the allowance is prorated on the portion of paid days of employment that employee had in the fiscal year compared to the maximum number of possible paid days in the fiscal year.

Treatment for Employees on Leave Without Pay

Provided that the other eligibility criteria are met, employees on LWOP for reasons of maternity leave, parental leave, care and nurturing leave, sick leave or educational leave during the year (or on 31 Mar 02 and/or 6 Jun 02 the date that the allowance was approved) are eligible for the allowance in the same proportion of the number of paid days of employment during the fiscal year compared to the maximum number of paid days in the fiscal year.

Treatment for Employees Who Have Left

With the exception of employment terminated by death, there is no entitlement to the allowance for lawyers who were not employees on 31 Mar 02 and the date of approval of the allowance (6 Jun 02).

Treatment for Acting Appointments

To be eligible for the allowance, the employee must be a substantive LA. The allowance is payable to eligible substantive LAs based on the salary for the employee's substantive LA position at 31 Mar 02.

There is no further consideration given to acting situations i.e. a substantive LA acting in either a higher-level LA position or in a non-LA position would receive the allowance based on the employee's substantive position.

Treatment for New Employees

Employees who met the eligibility criteria after 1 Apr 01 (ie new hires, transfers etc) are eligible for the allowance provided they satisfy the other criteria. In these cases, the allowance to be paid shall be determined in the same proportion of the number of days that the employee worked from their start to 31 Mar 02 compared to the maximum number of possible paid days in the fiscal year.

Source of Funds

The Allowance is to be paid from existing departmental reference levels.