1 |
ELIGIBILITY
The
self funded leave plan is available
to all employees who hold a regular
continuing appointment and have completed
their probationary period.
An
employee may re-enrol in the plan
in the year following a twelve-month
period after the return from a leave
under this plan. |
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2 |
APPLICATION
TO PARTICIPATE IN THE PLAN |
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During
the period October 15 to December 15,
applications to participate in the
plan will be submitted to the employer.
Participation
in the plan will always begin on
January 1 of any year.
Subject
to compliance with Revenue Canada guidelines
and the provisions of the plan, the
College will endeavour to grant the
application. The President will
consult with the employee's supervisor
and only in cases of rare operational
difficulty will an application not
be granted. Such cases would
include a proposed leave coinciding
with a unique need for the employee
to be present at the College or where
an unreasonable number of simultaneous
leaves in the same department are proposed. (See
also Deferral of Leave.)
All
requests for self funded leave will
not be capriciously denied. Any
denial shall be communicated in writing
to the applicant with the reasons for
the denial.
Application
will be made on the standard application
form and must include the precise
dates of the proposed leave and the
details of the savings plan. |
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3 |
DURATION
OF LEAVE |
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Revenue
Canada regulations state that a leave
must be a minimum of six months
and maximum of twelve months duration and
must be completed by December 31 of
the seventh year of enrolment in the
Plan. Otherwise, the balance
of the investment will be paid out
by the trustee on that date and will
require to be accounted for as income
by the employee. |
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4 |
DEFERRAL
OF LEAVE |
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A one-time deferral
of the planned leave is permitted and
may be requested by the employee and
will not be unreasonably refused. Such
deferral will be arranged so as to
allow completion of the leave within
seven years of enrolment in the plan. |
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5 |
ACCELERATION
OF LEAVE |
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Acceleration
of the proposed leave is not provided
for in the plan. |
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6 |
RESIGNATION
FROM THE PLAN |
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Resignation
from the plan is permitted in the
following circumstances:
-
Death
of an employee
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Employee
ceases to be employed by the
College
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Voluntary
resignation.
-
An
employee is on Long Term Disability.
The
above resignation provisions are built
into the Trust Agreement under which
plan savings contributions are held
and invested. However, arrangements
for the payout of accrued interest
and principal will be subject to the
policies of the trustee, including
thirty-five (35) days notice, and any
payout will be taxable income for the
year in which it is received. |
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7 |
SAVINGS
PLAN |
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The
savings plan will not be less than
two years and will not normally extend
beyond December 31 in the fifth year
of enrolment in the plan, unless a
one-time interruption of savings (to
a maximum of one year) is requested
by the employee. A percentage
to be applied to each year, not to
exceed 33 1/3% will be identified on
the application and the aggregate
of percentages will not exceed 100%
in any case.
Assisted
or unassisted leaves available to
employees under the appropriate collective
agreement will not constitute interruption
of employment as far as the plan
is concerned, but may have an effect
on a savings plan.
Changes
to savings plans (i.e. extension,
increase) will only be enacted on
January 1 of each year and must be
requested by the employee, in writing,
by December 15 of the preceding year. |
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8 |
PLAN
INTERRUPTION |
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For
any reason, an employee may request,
in writing, that the savings plan be
interrupted for a maximum period of
one year. However, such action
may limit the right to defer the leave
in order to have it completed within
seven years. |
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9 |
EMPLOYMENT
STATUS DURING LEAVE |
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During
the period of the leave under this
plan, the employee will be considered
to be on unpaid leave. During
the period of the leave the employee
may not receive any remuneration from
the College. This is an Income
Tax Act regulation.
Seniority
Status -
Seniority continues to accrue for
BCGEU and CUPE/CIEA employees.
Vacation
Accrual - Accrual is
based on time worked in affected
year. (Normally, accrued
vacation will be used prior to
the commencement of self funded
leave, however, utilization may
be related to the operational needs
for program offerings.) |
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10 |
STATUTORY
CONTRIBUTIONS |
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EI premiums
are based on the employee's gross salary
before deferrals during the period
of deferral and no premiums are withheld
from the deferred amounts when paid
to the employee during the leave period. (Revenue
Canada, Rulings, December 12, 1989
and BCTF, October 1, 1990.)
Canada
Pension Plan (CPP) premiums
are based on the salary the employee
actually receives during both the
deferral period and the leave period. When
the deferred amounts are paid to
the employee by a trustee, that
trustee is deemed to be an employer
of that employee by the CPP Act
and is therefore required to pay
the employer's contribution in
respect of the employee. Where
the trustee/employer recovers the
employer's CPP contributions from
amounts otherwise payable to the
employee, such amounts will not
be part of the employee's gross
salary from that employer. (Revenue
Canada, Rulings, December 12, 1989
and BCTF, October 1, 1990.)
Income
Tax: Monies received
from the trustee while on self funded
leave represent taxable income and
a T4 will be issued for the year(s)
in which payments are received. |
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11 |
HEALTH
AND WELFARE BENEFITS |
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During
the leave period, maintenance of
benefits will be as provided for
unpaid leave in the appropriate collective
agreements.
If
benefits are to be maintained, premiums
are the sole responsibility of the
employee. Prepayment of premiums
may be made by post-dated personal
cheques and must be kept up-to-date
to ensure continuity of coverage.
Out-of-country
benefit coverage for the Medical Services
Plan cannot exceed twelve (12) months. MSP
requires that they be notified of details
concerning the employee's absence from
Canada. Continuation of extended
health and dental coverage is limited
to twelve (12) months for employees
on leave without pay.
All
benefits will be calculated at 100%. |
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12 |
PENSION
DEDUCTIONS DURING SAVINGS PERIOD |
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Contributions
to the employee's pension plan are
based on gross earnings before allowance
for the contributions to the self funded
leave plan. It is then consistent
to calculate the pension benefit using
the same gross earnings figure. The
definition of 'earnings' as outlined
in the pension plan is the key. The
gross earnings figure is used in determining
contribution amounts and in calculating
pension benefits.
Please
note that the maximum RRSP contribution
must be based on the net earnings
figures reported on a member's T4
and not on the gross figure before
allowance for contributions to the
self funded leave plan. |
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13 |
PENSION
CONTRIBUTIONS FOR THE LEAVE PERIOD |
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Permission
to make up contributions for the period
of the leave (both employee and employer
shares) must be acquired from the Superannuation
Commission. To be eligible, the
employee must return to work for a
period of contributory service equal
to the length of the leave. If
approved, a lump sum payment of employee
and employer contributions plus appropriate
interest may be made at any time prior
to termination of employment or retirement. |
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14 |
BENEFICIARY |
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Upon
receipt of a death certificate, the
accrued amount of deferred salary
will be paid to the employee's estate. |
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15 |
TRUST
FUND |
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All
contributions to the plan will be transferred
by the College to a trust fund as specified
in the Trust Agreement. The trust
fund will constitute a fund held by
the trustee and will not form any part
of the revenue or assets of the College. |
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16 |
TRUSTEE |
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The
trustee will cause contributions
made to the plan to be invested in
accordance with the directions of
the Trust Agreement.
On
an annual basis, interest will be paid
to the employee on their accumulated
investment. Such interest will
require to be accounted for by the
employee as income in the year of receipt.
A
form T5 will be issued to each employee
at the end of each year detailing
interest earned on their investment.
The
trustee will make periodic reports
and an annual summary to each participant
detailing the principal amount accrued
in the plan including any interest
not yet paid out.
During
a participant's leave, the trustee
will cause the accumulated principal
amount plus any interest not previously
paid out to be remitted to the participant
in a form and frequency to be agreed
between the two parties, through the
College payroll system. A
form T4 will be issued to each employee
at the end of each calendar year in
which a leave is taken. |
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17 |
ADMINISTRATIVE
EXPENSES |
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The
College will bear all processing expenses
of the plan except where they may relate
to fees of the trustee in which case
they will become a charge to the Trust
Fund to be borne by the participants
in accordance with the Trust Agreement. |
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18 |
RIGHTS
UNDER THE PLAN |
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Neither
the College nor any participant in
the plan will pledge or hypothecate
any rights under the plan as security
for a loan or for any other purpose. |