H4 – Transfer of Benefits

Originator: Human Resource Services
Effective: April 1, 1993

Purpose

To outline the provisions respecting the transfer of employee benefits on recruitment to the College from the Province of Manitoba (Civil Service), or a crown corporation, agency or commission with which a reciprocal agreement exists.

Authorization

Section 39(2) of “THE COLLEGES ACT” states:

“Subject to the direction of the board, the president is responsible for the general management and direction of the college including:

1. the policies, programs and services of the college;
2. the business affairs of the college; and
3. such other matters as may be delegated by the board to the president.” and,

Section 40(1) of “THE COLLEGES ACT” states:

“A board may appoint any officers and employees it considers necessary for the purposes of the college and may determine the salaries and remuneration of those officers and employees and determine the terms and conditions of their employment.”

Description

A. Circumstances for Transfer of Benefits

Transfer of applicable employee benefits may be authorized under the following circumstances:

1. Where the transfer is at the employer’s request; full transferability would be allowed as follows:
   1. Sick leave accumulation would be recognized; earning rates based on length of service with previous employer;
   2. Long service vacation would be recognized although any outstanding accumulated vacation would normally be taken by the employee before the transfer. Substitute vacation arrangements satisfactory to both the employee and the College are acceptable;
      
      NOTE: Earning rates for the above mentioned benefits cannot exceed the existing maximum rates provided by College policy or applicable Employee Agreement.
   3. If the employee is already a member of the Civil Service Superannuation Fund, they would continue as a contributor and would also continue in the Group Insurance Plan. If not already a member, contributions and premiums would commence.
      
      NOTE: If the employee is a member of a pension plan designated under Section 49.1 of the Civil Service Superannuation Act, a reciprocal agreement allowing for transfer of benefits would be negotiated.
   4. If an employee is already participating in the Government of Manitoba Dental Plan, participation would continue.
2. Where there is a takeover of services; full transferability would be allowed as outlined in #1 above. It should be noted however,that all benefit transfers are subject to agreement between the parties concerned, including the M.G.E.U.
3. Where the employee joins the College with no significant break in employment; the transfer of benefits would be allowed as outlined in #1 where there is a reciprocal agreement with the Province of Manitoba, crown corporation, agency or commission to transfer such benefits.
4. Where an employee joins the College after a break in service; transferability of benefits would not be allowed excepting that;
   1. previous established employment with the College would be recognized for purposes of computing long service vacation entitlement subject to the applicable policies of the College;
   2. an employee who has withdrawn contributions from the Civil Service Superannuation Fund may repay those contributions provided the break in service is not more than three years. (See Sec. 20(4)(b) C.S.S.A.).

B. Benefits Recognized

For purposes of this directive, employee benefits which may be recognized are:

• service recognition for purposes of long service vacation entitlement, sick leave and vacation earning rates;
• service for purposes of establishing eligibility to participate in the Dental Plan;
• service for pension benefits (re: the Civil Service Superannuation Fund).
• sick leave credits (only where applicable – see Item “F”);*
• vacation credits; (only where applicable – see Item “F”).

* administered through the Civil Service Superannuation Board

C. Superannuation Plan

Portability of pension credits exists for all participants of the Civil Service Superannuation Fund. In addition, the Civil Service Superannuation Board has reciprocal transfer agreements permitting the transfer of pension benefits with a number of public sector authorities in Canada.

D. Dental Plan

Where an employee joins the College from the Province of Manitoba (Civil Service) or a provincial crown corporation, agency or commission which is a participant of the Government of Manitoba Dental Plan, and has already established eligibility to participate in the Plan, the employee is not required to re-qualify if there was no significant break in employment.

E. Anniversary Dates

An employee joining the College from the Province of Manitoba (Civil Service) or a provincial crown corporation, agency or commission with which a reciprocal transfer agreement exists, would normally have their anniversary date changed to become the date on which they became an employee of the College. This would have no effect on service where recognized for application of certain benefits (e.g. long service vacation) as described in this policy.

F. Non-Duplication of Benefits

Where a reciprocating employer has a cash settlement provision for certain benefits such as vested sick leave cash-out, the employee, on joining the College from that employer, would not be eligible to receive a duplicate benefit, (e.g. recognition of service for severance pay purposes would qualify as a termination benefit and therefore could not be duplicated by the College.)

If no termination benefit of any kind was received by the employee on departure from the reciprocating employer, recognition of the employee’s unbroken service for severance pay purposes would apply on joining the College.