Federal Public Service employment - Spousal priority entitlement benefit for surviving spouses and partners
Amendments to the Public Service Employment Regulations (PSER), effective 12 May 2010
Surviving spouses or common law-partners of Canadian Armed Forces (CAF) members who meet certain eligibility criteria are entitled to be considered for employment on an external advertised process ahead of all other persons for a position in the Public Service.
Surviving spouses or common-law partners of members whose death is attributable to the performance of duties can make a request to be considered for the surviving spouse or common-law priority entitlement. The Regulations also contain a retrospective provision for the surviving spouses or common-law partners of members who died during the period beginning on 7 October 2001, and ending on the coming into force of the Regulations. The date of 7 October 2001, corresponds to the date on which Canada and a coalition of other countries initiated military action in Afghanistan.
Surviving spouses or common-law partners are eligible to request priority entitlement if their spouse was any of the following persons:
- a member of the Regular Force of the CAF
- a member of Class A, B or C service of the Reserve Force of the
- a member of the Special Force of the CAF
- the death of their spouse or common-law partner was attributable to the performance of duties and occurred on or after 7 October 2001
- they are qualified under a federally or provincially legislated plan for compensation as a result of the death of their spouse or common-law partner having been determined as being attributable to the performance of duties
Eligible spouses or common-law partners must make a request for priority entitlement within two years of 12 May 2010 (date of coming into force of PSER) or two years from the date on which they qualified for compensation, whichever is the latest. They must NOT be a person who is already employed in the Public Service in a permanent way (referred to as an indeterminate period) at the time at which they make the request.
The entitlement period is for a maximum of two years, and begins on the day on which a request has been sent to NDHQ Directorate of Civilian Employment Policies (DCEP), if that day is within:
- two years after 12 May 2010, if the death of their spouse occurred on or after 7 October 2001
- two years after the death of the spouse or common-law partner and/or the completion of the BOI/SI or VAC findings attributing the death to the performance of duties
The entitlement period ends on the earliest of:
- the day that is two years after the day of the request
- the day on which the person is appointed to a position in the public service for an indeterminate period
- the day on which the person declines an appointment to a position in the public service for an indeterminate period without good and sufficient reason
For additional information on the spousal priority entitlement in the Public Service, contact a member of the Transition Services team at 1-800-883-6094.
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