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Application
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3. (1) This Act shall apply to an employee who—
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(a) is subject to a contract of employment that specifies a contractual retirement age that is less than the pensionable age, and
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(b) has completed his or her probationary period, if any.
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(2) This Act shall not apply to—
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(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
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(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.
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