AI Summary of 3. Application
This Act applies to employees who have a contract of employment that stipulates a contractual retirement age lower than the pensionable age and who have completed any applicable probationary period. The Act establishes eligibility criteria for employees seeking to benefit from its provisions.
However, the Act does not extend its application to certain employees. It is not applicable to those whose employment is governed by a legally mandated maximum retirement age that requires them to retire or be retired. Additionally, it excludes employees subject to a legally set maximum service limit, which may differ from the pensionable age, affecting their obligation to retire or be discharged from employment.
3. Application
(1) This Act shall apply to an employee who -
(a) is subject to a contract of employment that specifies a contractual retirement age that is less than the pensionable age, and
(b) has completed his or her probationary period, if any.
(2) This Act shall not apply to -
(a) an employee whose employment is subject to a maximum retirement age required by law at which the employee is obliged to retire or be retired from an employer, or
(b) an employee whose employment is subject to a maximum service limit (however expressed) required by law at which a person or class of persons could be, or is, obliged to retire or be retired or discharged from an employer and which could differ from the pensionable age.