Appendix A — Transitional Assistance
The work of a Member of the Legislative Assembly is not considered insurable employment by the Canada Revenue Agency, and therefore Members are not eligible to contribute to the federal Employment Insurance plan.
Transitional assistance is available to former Members who meet certain conditions following their term in office to enable them to have some income for a period of time until they find gainful employment. The Legislative Assembly Management Committee (LAMC) adopted the recommendation in the April 2007 report of the Independent Commission to Review Members’ Compensation that a transitional assistance program be provided to those Members who choose not to stand for re-election, as well as those who are defeated in a provincial general election.
To qualify for transitional assistance, Members must complete their term of office in a parliament. Members who resign, forfeit their seat in the House, or die during a parliament are not eligible for this assistance.
Members who qualify at the time of a provincial general election will be enrolled automatically into the program. A former Member receives an amount equal to the basic compensation for a minimum of four months. Transitional assistance continues beyond the four-month period to the date he/she is in receipt of income in excess of the bi-weekly transitional assistance amount or 15 months have elapsed, whichever comes first. The transitional assistance amount is taxable, and deductions at source will be made for CPP and income tax. Please note that the transitional assistance amount is not pensionable. Benefits coverage continues while former Members are in receipt of transitional assistance.
To qualify for the full 15 months of transitional assistance noted above, a Member must have served a full term of parliament. A Member elected in a by-election during a parliament, and not running or defeated in the next provincial general election, is eligible to receive the first four months of transitional assistance, with the remaining eleven months prorated, based on the amount of time served as a percentage of the duration of the parliament. The example below illustrates how the proration is calculated:
Example: A Member is elected in a by-election with 900 days remaining out of a 1461 day parliament. The Member chose not to run in the next election, so only served about 62% (900/1461) of a parliament. The Member is entitled to a total of 10.82 months (4 months + 62% x 11 months) of transitional assistance.
Former Members re-employed or in receipt of Member pension benefits during the transitional assistance period will be responsible for notifying the Clerk of the Legislative Assembly of their employment or Member pension status. If a former Member notifies the Clerk of the Legislative Assembly of being in receipt of employment or Member pension benefits, the amount of transitional assistance will be reduced by the gross amount of employment salary or Member pension benefits received. Benefits will continue unless the former Member advises the Clerk of the Legislative Assembly that benefits are provided by the new employer. If the income received from employment or Member pension benefits equals or exceeds the amount of transitional assistance, the payment of transitional assistance will cease. All benefits will cease as well.
Income, for the purposes of this policy, includes, but is not limited to: salaries; wages; commissions; bonuses; self-employment income; Member pension benefits; and any amounts paid for serving on a governance board. Member pension benefits is defined as pension income earned in respect of the Member’s service as an MLA, under the Members’ Remuneration and Pensions Act.
If the amount of employment income falls below the amount of transitional assistance, or employment is discontinued, and the former Member is still within the transitional assistance period (generally 15 months from election day, except for former Members elected in a by-election, as noted above), the onus will be on the Member to contact the Clerk of the Legislative Assembly to have the transitional assistance reinstated. Please note that the overall transitional assistance period is not extended by the period of time a Member was not receiving transitional assistance.
Each Member in receipt of transitional assistance will be required to report any employment monies or Member pension income received on a quarterly confirmation form provided by the Clerk of the Legislative Assembly.
Career Retraining Allowance
Career counselling, education and training costs up to $9,000, upon presentation of receipts, may be covered. The Speaker has discretion over the appropriateness of charges against the $9,000 available for career counselling, education and training costs. Examples of eligible uses of the career retraining allowance include:
- Career Counselling: Resume and interview assistance, discussion of opportunities, guidance on a course of action;
- Education: Courses at a College, University, or Institution intended to lead to re-employment; and,
- Training Costs: Professional development courses and certificate programs intended to lead to re-employment or required as part of re-certification in a professional organization.
It is advisable to consult with the Clerk of the Legislative Assembly in advance of registering for a retraining, counselling, or educational program to ensure it is eligible.
To be eligible for reimbursement, retraining must occur within the 15 month period following the general voting day (the transitional assistance period). There are two possible exceptions to this rule, subject to prior written approval from the Speaker:
- Reimbursement to Members for career retraining costs incurred prior to the general voting day. This option is only available to Members not seeking re-election.
Example: A Member who was formerly a teacher and who is not seeking re-election may take courses prior to the election date in order to be re-certified in time for the fall school semester. Reimbursement of the career retraining costs, up to a maximum of $9,000, will however not occur until after the general voting day.
- Reimbursement to Members for career retraining costs related to a multi-course program that extends beyond the 15 month transitional assistance period. Some Members may enroll in a retraining program which requires the completion of several classes or sessions. Classes or sessions that occur after the transitional assistance period ends may be eligible for reimbursement, as long as the Member was enrolled in and completed a previous class or session which began during the transitional assistance period. To be eligible for reimbursement, all classes and sessions taken outside of the transitional assistance period must be completed by December 31st of the year in which the transitional assistance period ends. Again, reimbursement will be made upon the presentation of receipts.
Example: A Member enrolls in an accounting program at a university. The program begins May 1st and the transitional assistance period ends August 31st. Prior to August 31st, the Member completes two accounting courses and is reimbursed. The Member could be reimbursed for further accounting courses that begin after August 31st and end prior to December 31st, if the total amount requested for reimbursement does not exceed $9,000.
The administration of the program, and the specific policies and procedures thereof, remain at the discretion of the Legislative Assembly Management Committee.
For further details on transitional assistance, contact the Clerk of the Legislative Assembly, Craig James at (250) 387-3785.
Appendix B — Pension Facts
Appendix C — Sample Letter to Payroll Services
Appendix D — Member Constituency Office Assets Inventory Form
Appendix 1 – Legislative Assembly Guidelines for the Disposal of Constituency Office Assets
Constituency Office Assets (excluding computers and telephone/fax equipment)
Constituency office assets (excluding computers and telephone/fax equipment) – There are several steps and options for the disposition of constituency office assets.
All Members must make a complete list of the inventory of assets before the writ is issued. The inventory list should be sent to Financial Services. Non-returning Members should first determine if the incoming Member would like retain the assets in the constituency office (the non-returning Member should provide the offer as soon as practical). If the incoming Member is in agreement, no disposal of assets is required. The incoming Member will be responsible for the assets assumed, until such time that the assumed assets are replaced and/or disposed. Over time, constituency office furniture may have deteriorated to the extent that there is no residual value. Please direct any questions on the disposal of assets to Financial Services.
If the incoming Member does not require the existing constituency office assets, the outgoing Member can proceed with disposal as follows:
- Non computer assets may be advertised for local sale in an arm's length transaction. The Member, the Member’s relatives, constituency office staff, and the relatives of constituency office staff, are not eligible to purchase these assets.
- Sale proceeds are to be deposited into the constituency office bank account. Particulars of assets sold and amounts should be forwarded to Financial Services on the constituency office assets inventory listing;
- Unsold assets may be donated locally to a registered charity, service, or school; and,
- Any disposal costs incurred are paid for using the Member’s available constituency office funds.
Constituency Office Computer Equipment
All computer equipment and related devices (e.g. CDs/DVDs/flash drives) must be returned to the Legislative Assembly.
As soon as Members know their office is closing, they should contact the Information Technology Help Desk at (250) 356-1655, or by e-mail at email@example.com to assist in facilitating return of the equipment indicated above.
For security purposes, all hard drives will be cleared of data prior to disposal. The Information Technology Branch will coordinate the transport of all returned equipment, and will comply with established destruction and disposal security protocols.
Ricoh Multi-function Printer/Scanner/Copier/Fax
Ricoh staff will contact each constituency office to arrange the return of leased equipment as required.
Stand-alone Fax Machines
Any stand-alone fax machines (other than the Ricoh noted above), should be returned to the Information Technology Branch along with the other computer equipment to allow for the memory within the machine to be erased for security purposes. Please include the original owner's manual, and any unopened ink or toner cartridges.
Constituency Office Telephone Equipment
IT staff will make arrangements for its removal and transport. Phone lines for members not returning will be cancelled by no later than June 30, 2017.
If the constituency office is closing, please contact the Information Technology Help Desk at (250) 356‐1655, or by e‐mail at firstname.lastname@example.org to assist in facilitating the return of equipment as noted above.
Appendix E — Member Constituency Office Checklist
Appendix F — Sample Letter to Payroll Services
Appendix G — Sample Letter to Payroll Services for Member Not Re-Elected
Last Updated: May 11, 2017