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Bill 124 » Bill 124 Frequently Asked Questions

Bill 124 Frequently Asked Questions

In November 2019 Bill 124 was enacted. This legislation limited annual compensation increases to 1% for unionized and non-unionized public sector employees, which included teachers and other school board employees.
 
The Ministry of Education issued a memo on February 14, 2024, that provided information regarding the Memoranda of Settlement reached between various education sector unions and the Crown concerning the Protecting a Sustainable Public Sector for Future Generation Act, 2019 (Bill 124), which had previously limited public sector increases. This memo outlined remedies in the form of retroactive compensation for those employee groups affected.
 
FAQ on remedy payments related to Bill 124
*This document will be updated periodically as new information becomes available. 
 
Q1: Who is eligible for retroactive payments related to Bill 124: 
A: Eligible employees are those employed during the 2019-20 to 2021-22 school years, including those employed during the 2022-23 school year as Bill 124 remedy impacts current and future salary grids. 
The following board employees at LDCSB are eligible: 
  • CUPE
  • OECTA
  • APSSP
  • Non-union (excluding Supervisory Officers and Directors) active as of 14 February 2024. Non-union employees who left the employment of the Board before 14 February 2024 are not eligible for retroactive payments.
The following board employees at LDCSB are eligible, however are pending further direction and final agreement between the bargaining agent and the Crown: 
  • Principals and Vice Principals
The following board employees at LDCSB are not eligible: 
  • Supervisory Officers and Directors
 
Q2: What are the details of the retroactive payments? 
A: The retroactive payments include the following increases for CUPE, OECTA and Non-union (excluding Supervisory Officers and Directors): 
  • Additional 0.75% effective September 1, 2019 (in addition to the 1% increase);
  • Additional 0.75% effective September 1, 2020 (in addition to the 1% increase); and 
  • Additional 2.75% effective September 1, 2021 (in addition to the 1% increase). 
All other employee group impacts are to be determined.

These increases will be compounded annually and included in the salary grids, wage schedules, applicable premiums, and applicable allowances and will form the bases for applying the salary and wage increases for the 2022-2026 collective agreements.

For 2022-23 and 2023-24 school years, retroactive amounts will be calculated for: 
  • The school year beginning September 1, 2022, using the new September 1, 2021 salary/wage grids, and
  • The school year beginning September 1, 2023, using the new September 1, 2021 salary/wage grids. 
 
For CUPE, grids reflecting the 2022-2026 collective agreement have been implemented April 5, 2024, and employees have begun receiving pay in accordance with the latest collective agreement.
 
For OECTA, grids reflecting the 2022-2026 collective agreement including Bill 124 increases will reflect on the pay on June 15th. 
 
For non-union, grids reflecting the 2023-24 rates including Bill 124 increases will reflect on the pay on May 31st. 
 
For the remaining employees groups affected, the effective dates of the most updated grids are still to be determined. This memo will be updated when more information has been received.
 
Q3: When will the retroactive payments be paid to impacted employees?
A: The Bill 124 retroactive payments for the school years 2019-20, 2020-21, 2021-22, 2022-23 and 2023-24 will be paid as follows: 
  • CUPE – to be paid on May 31, 2024
  • OECTA – to be paid by July 31, 2024 
  • APSSP - to be paid by October 15, 2024
  • Non-union (excluding Supervisory Officers and Directors) – to be paid by July 31, 2024 
Updates pertaining other employee groups will be noted as information becomes available.

Q4: As a current employee, will I receive this retroactive payment at the same time as my regular pay? 
A: Yes. The retroactive payment will be processed on your normal pay date as a separate deposit. Please allow 24 hours for deposits to reflect in your bank account.

Q5: What types of earnings are included in the retroactive payment calculation? 
A: All earning types that were eligible for the 1% increase in the 2019-22 collective agreements (e.g. regular time, overtime, certain allowances) will be eligible for the retroactive compensation. Earning types that did not receive the 1% increase in the 2019-22 collective agreements will not be eligible for retroactive compensation. 
 
Q6: What do I need to do to ensure that I receive the retroactive payment?
A: There is no action required from current employees of the board. The payment will be automatically deposited into your account using the current banking information on file.
 
Q7: I am no longer employed by the Board and have moved or changed my bank account. How will my retroactive payment be deposited? 
A: For employees who are eligible for the retroactive payments and who have subsequently left the organization and have either moved or have changed their banking information, must visit the Bill 124 page on the LDCSB internet page to submit a query to ensure the Board has your most up to date information. Past employees will have their pay stub reflecting the Bill 124 retroactive payment mailed to the home address on file with the school board.

Q8: How will the retroactive payments be reflected on my T4 slip? 
A: Retroactive payments will be reflected on your 2024 T4 slip and do not require adjustments to previous T4 slips from prior years.
 
Q9: What happens to retroactive payments for an employee who is now deceased? 
A: Retroactive payments for an employee who is now deceased, will be made to the estate of the deceased employee. This ensures that any outstanding payments owed to the employee are properly disbursed according to legal and administrative procedures.
  • If the deceased employee’s information is already on file, do I need to take any action?
  • A: If the deceased employee’s information is already on file with the school board, no further action is required. The retroactive payments will be processed and disbursed to the estate of the deceased employee based on the existing records.
  • What should I do if the information for the deceased employee needs to be provided or updated? 
    A: If information for the deceased employee needs to be provided or updated, you will need to contact [email protected]. Guidance will be provided on the necessary steps to submit the required information and ensure that the retroactive payments are correctly processed and disbursed to the estate of the deceased employee.
 
Q10: What happens if, during the Bill 124 period, I changed positions, changed FTE, was not employed for the full period, or became employed by another Board between 2019-2024? 
A: If, during the period 2019-2024, you have changed positions, changed FTE, were not employed for the full period, or became employed with another Board, your retroactive payments will be calculated based on your actual earnings for the period of employment and full time equivalent (FTE) status in the above referenced employee groups with the LDCSB.

If you worked at multiple school boards during the applicable Bill 124 period, each school board is responsible for processing the retroactive payment related to the period and FTE for which you worked for them. 

Q11: Is the retroactive payment pensionable? 
A: Yes, the retroactive payment is pensionable. This means that the retroactive payment will be considered as part of your pensionable earnings, and contributions will be made to your pension plan based on these payments. 

Q12: Will other statutory deductions, such as taxes and employment insurance, apply to the retroactive payment? 
A: Yes, all required statutory deductions, including taxes, employment insurance, and other applicable deductions will be taken from the retroactive payment. Your retroactive payments will be subject to the same statutory deductions as your regular salary or wages to ensure compliance with legal and regulatory requirements. 

Q13: How much money should I expect to receive as a result of the retroactive payment? 
A: The retroactive payment will vary from employee to employee.

Q14: Whom can I contact if I have specific questions about how my retroactive payments were calculated? 
A: For active employees: Once you have received your retroactive payment, please review your pay stub statement which can be found on Empath Self Service portal. For past employees, you will receive a paper pay stub mailed to your home address. If, after reviewing your statement, you still have specific questions about how your retroactive payment was calculated, you can 
direct your inquiries in writing to [email protected].
 
Please note that response times will vary based on the volume of inquiries received. Only inquiries submitted through the dedicated email address will be dealt with.

Q15: Whom should I contact if I have further questions not related to the calculation of my retroactive payment? 
A: If you have further questions about the implementation of the Memoranda of Settlement, please review the Bill 124 website for updated information or submit an enquiry on the website or via email to [email protected].