The Supreme Court of Canada recently released a decision, Fraser v. Canada, that dealt with a challenge under the Canadian Charter of Rights and Freedoms related to the RCMP pension plan. OMERS has carefully reviewed the decision and it does not change our approach to job sharing programs.
For OMERS purposes, it is the employment relationship that dictates whether a job sharing arrangement is a period of reduced pay or a change in employment conditions. Once OMERS is provided with this information, we administer the OMERS Plan accordingly.
Frequently Asked Employer Questions
OMERS continues to administer job share arrangements based on how these events are reported by employers. This involves considering the member’s status before the job share arrangement began (i.e.,(CFT) or(OTCFT)) and the nature of the employment arrangement while the member is on the job share (see below).
For an employee who was CFT before the job share, the arrangement can be classified in one of two ways for OMERS purposes:
CFT with a leave of absence. If the employee continues to be classified as a CFT employee, the period of absence should be classified as a purchasable leave of absence.
Change of employment status from CFT to OTCFT. If the employee’s status is changing to OTCFT, then the period that the employee is not working is not considered purchasable.
For an employee who was OTCFT before the job share, the arrangement can be classified in one of two ways for OMERS purposes:
OTCFT with a leave of absence. If the employee continues to satisfy their existing employment conditions as an OTCFT employee, the period of absence should be classified as a purchasable leave of absence.
Change in employment while remaining OTCFT. If the changes in the employee’s employment conditions are not temporary, then the period that the employee is not working is not considered purchasable.
The Supreme Court decision does not change OMERS administration with respect to job share arrangements. OMERS continues to administer job share arrangements based on how these events are reported by employers.
If an employer has questions about whether the Supreme Court decision impacts the structuring of job share arrangements for employment purposes, they may wish to seek their own legal advice. It is important to note that the administration of the job share for OMERS purposes will depend on the reporting by the employer.
While OMERS cannot advise in this regard, we are available to assist with any question you have related to the administration of the OMERS Primary Plan for your job share arrangement.
To report a change in employment status for the duration of the job share arrangement, use the e-Form 106 Changing Member Information. See the section of the Employer Administration Manual for more details. For OTCFT members, please reflect the reduced hours or days in your standard Form 119 reporting.