What is Bill 124?
On November 8, 2019, the Ontario legislature passed Bill 124 “Protecting a Sustainable Public Sector for Future Generations Act, 2019″. This legislation limited compensation increases to 1.0% per year for a three-year moderation period for unionized employees in the Ontario public sector. For employees who were members of the CUPE union, this three-year period was from September 1, 2019 to August 31, 2022.
A number of unions within the Province subsequently challenged the constitutionality of Bill 124 and on November 29, 2022, the Ontario Superior Court of Justice released its decision and ruled Bill 124 unconstitutional – “void and of no effect”.
A settlement was reached between the Crown and the Ontario School Board Council of Unions (“OSBCU”), representing CUPE, increasing all compensation amounts in the original 2019-22 collective agreements as outlined below:
- September 1, 2019: additional 0.75% (i.e., a total of 1.75% increase)
- September 1, 2020: additional 0.75% (i.e., a total of 1.75% increase)
- September 1, 2021: additional 2.75% (i.e., a total of 3.75% increase)
These increases will be compounded annually and therefore, will also impact the wage schedules in the 2022-26 collective agreements.
The Letters of Agreement (LOA) require School Boards to ensure the grids are adjusted and all retroactive payments made by June 8, 2024.
Monetary Resolution to Bill 124
How are my payments being calculated?
Please see below an example provided by the Ministry as to how Bill 124 retroactive percentages are to be applied to regular salary.
For illustrative purposes only;
- A person earning $45,000 per year as of August 31, 2019 whose salary was increased by 1% (or $450 for a total of $45,450) on September 1, 2019, should be updated to reflect a 1.75% salary increase (or $787.50 for a total of $45,787.50) retroactively to September 1, 2019.
- Similarly, the earnings should be updated to $46,588.78 as of September 1, 2020 ($45,787.50 + 1.75% or $801.28).
- Finally, the earnings should be updated to $48,335.86 as of September 1, 2021 ($46,588.78 + 3.75% or $1,747.08).
- The earnings for September 1, 2022 will be increased based on the cumulative effect of the Bill 124 impact to wages mentioned above.
- The earnings for September 1, 2023 will also be increased based on the cumulative effect of the Bill 124 impact to wages mentioned above.
CUPE Staff
How do I know if I am entitled to any retroactive payments?
If you were an employee of ALCDSB and a CUPE member during the retroactive period starting September 1, 2019 to the present date and you received payment through Payroll during this period, you are entitled to receive retroactive compensation.
Even if you are now an inactive employee you are still eligible for retroactive payment.
I am an inactive or retired employee and I have moved or changed banking since I worked at the board – what do I do to ensure I receive the payment?
Please send your updated full mailing address, phone number, and a Void Cheque or Direct Deposit Form to payrollservices@alcdsb.on.ca. To ensure there is no delay in receipt of payment please submit this information on or before March 15, 2024.
When can I expect to receive my retroactive payments?
ALCDSB will be paying CUPE staff one school year per pay period. The current schedule for payments is listed below with the understanding that the deadline for payout of all amounts is June 8, 2024. This schedule is subject to change if any issues arise that may cause delay.
- 2019/2020 school year retro will be paid March 28, 2024
- 2020/2021 school year retro will be paid April 15, 2024
- 2021/2022 school year retro will be paid April 30, 2024
- 2022/2023 school year retro will be paid May 15, 2024
- 2023/2024 school year retro will be paid May 31, 2024
How will I receive my retroactive payments?
Your payment will be issued via direct deposit to the bank account that is currently on file with the Payroll Department at ALCDSB. For current employees this deposit will be part of your regularly scheduled pay(s).
How is the vacation accumulation being paid out for 10-month employees related to the Bill 124 retro?
1. The vacation pay related to the 2019-2020 retroactive period was paid out on the March 28th, 2024 pay to all employees.
2. Inactive employees and employees who are currently on a leave of absence will be paid the vacation accumulation related to their retroactive earnings on each scheduled Bill 124 payment.
3. All Active employees will receive a vacation accumulation payout on May 31, 2024. This payment will include all vacation earnings related to regular pay up to and including May 31st as well as Bill 124 retroactive adjustments not yet paid for the additional retroactive periods..
4. A second payout of accumulated vacation will be paid to active employees on the June 15th pay for the regular pay period earnings of June 1-15th.
When will the Salary Grids be updated or provided?
Current/Active employees can access the updated salary grids in the Human Resources Department section of the ALCDSB portal, by selecting their Union button and under the Collective Agreements section. All other employees can contact their Union for copies of the updated salary grids.
How do I know how much I will be entitled to receive?
We are unable to provide estimates or calculations to employees related to Bill 124. The Payroll Department is working very hard to ensure all payments are processed on schedule and accurately. Paystubs will also reflect retroactive payments (see question below).
You will be paid retroactive increases on all wages paid to you during the retroactive period.
The rates of retroactive increases are as follows:
- September 1, 2019: additional 0.75% (i.e., a total of 1.75% increase)
- September 1, 2020: additional 0.75% (i.e., a total of 1.75% increase)
- September 1, 2021: additional 2.75% (i.e., a total of 3.75% increase)
These increases will be compounded annually and therefore, will also impact the wage schedules in the 2022-26 collective agreements.
These increases will also apply to the following (this is not an exhaustive list):
- Regular pay (salary and/or hourly)
- Overtime
- Shift Premiums
- Maternity Payments
- Upgrades
- Allowances
- Vacation pay
- Days Not Paid
- Short Term Illness Deductions
What other payroll deductions will be taken from my retroactive pay?
The deductions taken from your retroactive pay will vary depending on what your status was during the applicable retroactive period.
Can Payroll override the tax amount on my pay so I don’t have to pay too much tax?
The Bill 124 payments will be issued as per the payment schedule above along with your regular pay. The Board’s payroll system will calculate the taxes based on your current TD1 Tax Form settings. The tax withheld cannot be overridden.
How will this impact my OMERS pension plan?
All retroactive payments will have related OMERS deductions if you are currently an OMERS member and/or were an OMERS member during the retroactive period. The earnings and contributions will be reported to OMERS as retroactive pay to be reflected in the calendar year during which they apply to.
If you have more questions about how this will affect your OMERS pension plan please contact OMERS Member Experience at 1-800-387-0813.
How can I verify that the retroactive payments I have received are accurate?
Your paystub will reflect all retroactive payments. You can review your paystub in the ESS portal for each period. Keep in mind if you were paid in another Employee Group during the retroactive period you may have multiple pay stubs. The retro pay will be paid in each group that you had earnings in. You will need to use the dropdown menu to see all related pay stubs. You can also review the updated CUPE Collective Agreement for new rates once they are published.
Salaried Employees
You will see a line on your pay stub coded to ‘Retro’. This retro is calculated based on the difference between your salary at the time of payment versus the new salary grid rates. This line will be the adjustment for the total of all salary adjustments for a specific school year.
Timesheet Employees
You will see a line on your pay stub coded to ‘Retro’. This retro is calculated based on the difference between your hourly rate at the time of payment versus the new hourly rate. This line will be the adjustment for the total of all timesheets for the specific school year.
You will also be able to review all of your timesheets in the ESS portal. Each individual timesheet that has been adjusted in our payroll system will be listed. This will be in addition to any timesheets that you have related to the current pay period.
What if I receive my retroactive pay and I believe there is an error or something has been missed?
If you believe there has been an error, please reach out to payrollservices@alcdsb.on.ca with specific details of what you believe the error to be. We appreciate your patience during this time as the volume of requests may be high.
Will I be getting a revised T4 slip for retroactive years?
No. All earnings are being paid in 2024, therefore all earnings will be reported on the 2024 T4 slip as per CRA legislation.
If you are no longer an employee of ALCDSB, please ensure the mailing address that we have on file is up-to-date and accurate so that your 2024 T4 slip is mailed to the correct location.
My banking information has changed – what do I do?
If you are a current employee, please visit the ESS Portal and use the secure link under Employee Self Service to update your banking information.
If you are a former employee, please send your updated mailing address and a Void Check or Direct Deposit Form to payrollservices@alcdsb.on.ca. To ensure there is no delay in receipt of payment, please submit this information on or before March 15, 2024.
I am a 12-month employee who is potentially eligible for a vacation payout related to March 31, 2024 balances remaining – what rate will this be paid out at?
All March 31st vacation payouts will be paid on the April 15, 2024 pay and will be calculated at the new updated rates of pay which include the Bill 124 settlements.
When will my new rate of pay show in the ESS Portal?
After the final payout of Bill 124 retroactive pays on May 31, 2024, your new rate of pay will be reflected in the ESS portal.
I was on an Employment Insurance Leave during the retroactive period – will this affect my EI payments?
Please contact Service Canada at 1-800-622-6232 to discuss whether or not this will impact your current or previous EI benefit claim.
I was on Long-Term Disability (LTD) during the period – how will this affect my claim?
Please contact OTIP at 1-800-267-6847 to discuss how this might affect a current or previous LTD claim.
I am no longer employed with ALCDSB therefore I no longer have access to the ESS (Employee Self Service) portal – how do I get my pay stub?
