Acts and Regulations

M-7.1 - Members’ Pension Act

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Document at 31 December 2006
CHAPTER M-7.1
Members’ Pension Act
Assented to December 10, 1993
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
I
INTERPRETATION AND APPLICATION
Definitions
1(1)In this Act
“annual pension” means a pension described in section 10;(pension annuelle)
“benefit” means an annual pension, a minister’s pension, a surviving spouse’s pension or a children’s pension and includes a return of contributions;(prestation)
“child” means a child of a member or former member and includes a natural child, stepchild or adopted child;(enfant)
“children’s pension” means a pension described in section 14;(pension d’enfants)
“indemnity” means the indemnity authorized to be paid to a member under subsection 25(1) of the Legislative Assembly Act, as adjusted from time to time under section 25 of that Act;(indemnité)
“interest” means interest calculated and credited at rates not less than the rates, and in accordance with the requirements, prescribed by regulation under the Pension Benefits Act;(intérêt)
“member” means a member of the Legislative Assembly;(député)
“Members’ Pension Account” means the account in the Consolidated Fund established under section 4;(compte de pension des députés)
“Minister” means the Minister of Finance acting in the Minister’s capacity as Chairman of the Board of Management and includes any person designated by the Minister to act on the Minister’s behalf;(Ministre)
“minister” means a member who is(ministre)
(a) a member of the Executive Council,
(b) the Speaker or a Deputy Speaker of the Legislative Assembly, and
(c) the Leader of the Opposition or a leader of any other registered political party in the Legislative Assembly;
“minister’s pension” means a pension described in section 11;(pension de ministre)
“pensionable service” means any period of service to the credit of a member or minister under this Act that may be used in calculating a benefit if the member or minister has received remuneration for such period in accordance with subparagraph 8503(3)(a)(i) of the Income Tax Regulations under the Income Tax Act (Canada), and, where applicable, includes any period of service to the credit of the member or minister under the Members Superannuation Act that may be used in calculating a benefit if the member or minister has received remuneration for such period in accordance with subparagraph 8503(3)(a)(i) of the Income Tax Regulations under the Income Tax Act (Canada);(service ouvrant droit à pension)
“return of contributions” means (remboursement de cotisations)
(a) a return of the amount paid by the member into the Members’ Pension Account under section 5, including the principal portion of any lump sum or instalments made under section 7, and
(b) a return of the amount, if any, credited to the Members’ Pension Account on behalf of the member under paragraph 3(3)(b);
“salary” means(traitement)
(a) the salary authorized to be paid to a minister under subsection 5(1) of the Executive Council Act, as adjusted from time to time under that Act,
(b) the salary authorized to be paid to the Premier in addition to the Premier’s salary as minister,
(c) the salary authorized to be paid under section 6 of the Executive Council Act, as adjusted from time to time under that Act, to a member of the Executive Council not in receipt of a salary under section 5 of that Act, and
(d) the salary authorized to be paid under the Legislative Assembly Act to the Speaker, a Deputy Speaker, the Leader of the Opposition and the leader of any other registered political party in the Legislative Assembly, but does not include any allowance or other amount paid to that person in respect of expenses;
“session” means a session of the Legislative Assembly;(session)
“spouse” means spouse as defined in the Income Tax Act (Canada), but, for the purposes of a void or voidable marriage, does not include a reference to any provision of that Act contained in that definition;(conjoint)
“surviving spouse’s pension” means a pension described in section 13.(pension de conjoint survivant)
Determination of age
1(2)For the purposes of any provision of this Act in which reference is made to a person being, reaching or attaining a specified age or being under or over that age, that person shall be deemed to reach or have reached the specified age at the beginning of the calendar month following the calendar month in which he or she actually reached or will reach that age.
1998, c.35, s.1; 2000, c.7, s.1; 2001, c.5, s.1
Determination of date of marriage
1.1(1)For the purposes of this Act and the regulations under this Act, the date of marriage of two persons who are spouses shall be
(a) if the persons are spouses because they were married to each other, the date on which they were married,
(b) if the persons are spouses because they were parties to a voidable marriage, the date on which they were married,
(c) if the persons are spouses because they were parties to a void marriage, the date on which they went through a form of marriage, or
(d) if the persons are spouses because they cohabited together in a conjugal relationship as provided for in the definition “spouse” in subsection 1(1), deemed to be the date on which they commenced to cohabit.
1.1(2)If, by reason of the operation of subsection (1), more than one date could be deemed to be or would be the date of marriage of two persons, the date of marriage of the two persons shall be deemed to be the earlier or earliest of those dates.
1998, c.35, s.1
Application of Act
2(1)This Act applies
(a) to members who were members on the commencement of this paragraph and who have elected, in accordance with section 3, to be subject to this Act,
(b) to members who first become members after the commencement of this paragraph,
(c) to former members who ceased to be members before the commencement of this paragraph and who again become members after the commencement of this paragraph,
(d) to members and former members referred to in paragraphs (a) to (c), in their capacity as minister, where the members or former members are or were ministers at any time during which they are or were members, and
(e) to the spouses and children of members and former members referred to in paragraphs (a) to (d).
2(2)This Act does not apply to members or former members to whom the Members Superannuation Act applies.
One session credited per calendar year
2.1For the purposes of this Act, no member or minister shall be credited with more than one session per calendar year.
2000, c.1, s.1
Election of member to be subject to the Act
3(1)A person who is a member on the commencement of this subsection may elect, within the time specified in paragraph (2)(b), to be subject to this Act.
3(2)An election under subsection (1)
(a) shall be made in writing and shall be signed by the member,
(b) shall be forwarded to the Minister so that the Minister receives it at least ten days before the polling day of the first general provincial election after the commencement of this paragraph,
(c) is not effective until the Minister receives the election and unless the Minister receives the election within the time specified in paragraph (b), and
(d) is irrevocable.
3(3)Where a member referred to in subsection (1) elects, in accordance with this section, to be subject to this Act,
(a) this Act applies to the member as of the date the election becomes effective and the Members Superannuation Act ceases to apply,
(b) the contributions made by the member to the Members Superannuation Account under the Members Superannuation Act shall be credited on behalf of the member to the Members’ Pension Account, and
(c) any period of pensionable service to the credit of the member under the Members Superannuation Act shall be added to the member’s pensionable service for the purposes of this Act.
II
REGISTERED PENSION PLAN
Members’ Pension Account
4There is hereby established an account in the Consolidated Fund to be known as the Members’ Pension Account.
Contribution of members to the Members’ Pension Account
5(1)A member shall contribute to the Members’ Pension Account an amount equal to the lesser of
(a) the amount of the annual maximum deductible contributions to a registered pension plan, as that amount is established under the Income Tax Act (Canada), and
(b) nine per cent of the member’s indemnity, and where the member is a minister, six per cent of the minister’s salary.
5(2)A member who receives only a portion of an indemnity under the Legislative Assembly Act shall be deemed, for the purposes of this Act, to have received the entire indemnity for the session to which the indemnity relates, and shall contribute under subsection (1) the amount the member would be required to contribute if he or she had received the entire indemnity.
5(2.1)For the purposes of subsection (2), the period of time for which the portion of the indemnity was paid must be a qualifying period in accordance with paragraph 8507(3)(a) of the Income Tax Regulations under the Income Tax Act (Canada).
5(3)Notwithstanding subsection (1), a member shall not continue to contribute to the Members’ Pension Account or acquire pensionable service after the last day of the year in which the member attains sixty-nine years of age, and any benefit to which the member is entitled under this Part shall commence to be paid not later than that date.
2000, c.7, s.2
Reinstatement of pensionable service
6(1)A member who has ceased to be a member, has received a return of contributions and again becomes a member may elect, within one year after again becoming a member, to reinstate the pensionable service in respect of which the member received the return of contributions if the member agrees to pay an amount equal to that return of contributions together with interest from the time of payment of the return of contributions until the time of the election.
6(2)When a member who has ceased to be a member and is entitled to an annual pension again becomes a member, the member’s entitlement to the annual pension shall cease and the pensionable service in respect of which the annual pension was authorized shall be added to the member’s pensionable service as a member.
6(3)A member who has ceased to be a member, has received a return of contributions under the Members Superannuation Act and again becomes a member may elect, within one year after again becoming a member, to reinstate the pensionable service in respect of which the member received the return of contributions, if the member agrees to pay an amount equal to that return of contributions together with interest from the time of payment of the return of contributions until the time of the election.
6(4)When a member who has ceased to be a member and is entitled to an annual pension under the Members Superannuation Act again becomes a member, the member’s entitlement to the annual pension under the Members Superannuation Act shall cease and the pensionable service in respect of which the annual pension was authorized shall be added to the member’s pensionable service as a member under this Act.
2000, c.7, s.3; 2001, c.5, s.1
Election and payment
7(1)An election under subsection 6(1) or (3)
(a) shall be made in writing and signed by the member,
(b) shall be forwarded to the Minister within the time specified in subsection 6(1) or (3), and
(c) is irrevocable.
7(2)An amount required to be paid under subsection 6(1) or (3) shall be paid by the member into the Members’ Pension Account
(a) in a lump sum at the time of making the election, or
(b) in instalments together with interest, over a period determined by the Minister, which period shall not exceed the period of pensionable service in respect of which the election is made.
7(3)Subject to subsection (4), where paragraph (2)(b) applies and the member ceases to be a member before all instalments have been paid, the unpaid instalments shall be withheld from any benefit payable under this Part.
7(4)Where the benefit referred to in subsection (3) is payable to the surviving spouse or children of a member, the unpaid instalments shall not be withheld from the benefit unless the surviving spouse or children, as the case may be, desire that the pensionable service represented by the unpaid instalments be used in calculating the benefit.
2000, c.7, s.4
Payment to Members’ Pension Account out of the Consolidated Fund
8(1)At the end of each fiscal year there shall be credited to the Members’ Pension Account out of the Consolidated Fund an amount equal to the total of all the contributions made by members and ministers under section 5 during that fiscal year, together with interest.
8(1.1)An amount referred to in subsection (1) shall not exceed eligible contributions as provided for in subsection 147.2(2) of the Income Tax Act (Canada).
8(2)Notwithstanding subsection (1), if at any time there is an actuarial surplus in the Members’ Pension Account exceeding the amount permitted under the Income Tax Act (Canada), no additional amount shall be credited to the Members’ Pension Account under subsection (1).
8(3)If at any time the Members’ Pension Account is insufficient to make all payments required to be made under this Act, the Minister shall, at the request of the Board of Management, pay out of the Consolidated Fund into the Members’ Pension Account an amount sufficient to enable such payments to be made.
2000, c.7, s.5
Return of contributions
9(1)A member who has to his or her credit fewer than eight sessions of pensionable service is entitled, upon ceasing to be a member, to a return of contributions, together with interest.
9(2)On the death of a member who had to his or her credit fewer than eight sessions of pensionable service, a return of contributions, together with interest, shall be paid
(a) to the member’s surviving spouse,
(b) if there is no surviving spouse or the surviving spouse cannot be found, to the member’s children, or
(c) if there are no children or they cannot be found, to the member’s estate.
9(2.1)If two persons claim to be the surviving spouse of a member referred to in subsection (2), and one of those persons is a spouse because that person was married, other than in a void or voidable marriage, to the member at the time of the member’s death, that spouse is entitled to the return of contributions under subsection (2), if otherwise eligible and subject to subsection 20.1(3), unless there is a valid written agreement between the member and that spouse, or a court order or judgment, that bars that spouse’s claim.
9(3)Repealed: 2000, c.7, s.6
1998, c.35, s.1; 2000, c.7, s.6
Annual pension
10(1)A member who has to his or her credit eight or more sessions of pensionable service and ceases to be a member is entitled, upon attaining sixty years of age or at such later time at which the member ceases to be a member, to an annual pension in the amount determined under subsection (2).
10(2)The amount of the annual pension payable to a person under subsection (1) shall be determined by multiplying two per cent of the average indemnity received by the person as a member, during or in respect of the three successive sessions during or for which his or her indemnity was the highest, by the number of sessions of pensionable service to his or her credit as a member.
10(3)Notwithstanding subsection (1), a member who has to his or her credit eight or more sessions of pensionable service and who ceases to be a member before attaining sixty years of age is entitled to an annual pension in the amount determined under subsection (4), if he or she elects, after ceasing to be a member, to receive an annual pension in that amount.
10(4)The amount of the annual pension payable to a person under subsection (3) shall be the amount that would be payable under subsection (1) if the annual pension had not commenced until the person had attained sixty years of age, reduced by five-twelfths of one per cent for each month by which the commencement date of the annual pension precedes the person’s sixtieth birthday.
10(5)An election under subsection (3)
(a) shall be made in writing and signed by the member,
(b) shall be forwarded to the Minister, and
(c) is irrevocable.
10(6)An annual pension under subsection (3) is payable in lieu of an annual pension under subsection (1) and a person who elects to receive an annual pension under subsection (3) is not entitled to an annual pension under subsection (1) upon attaining sixty years of age or at any later time.
Minister’s pension
11(1)In this section
“average salary” means the average annual salary received by a minister during the three successive years during which his or her salary was highest, or, in the case of a minister having fewer than three years of pensionable service as a minister, the average annual salary received by him or her as a minister.
11(2)A person who is receiving or is entitled to receive an annual pension under subsection 10(1) and has to his or her credit at least six months of pensionable service as a minister is entitled, in addition to the annual pension, to a minister’s pension in the amount determined under subsection (3).
11(3)The amount of the minister’s pension payable to a person under subsection (2) shall be determined by multiplying two per cent of the person’s average salary as a minister by the number of years of pensionable service to his or her credit as a minister.
11(4)Notwithstanding subsection (2), a person who elects, in accordance with subsection 10(3), to receive an annual pension under subsection 10(3) and who has to his or her credit at least six months of pensionable service as a minister shall be deemed to have elected to receive, in addition to the annual pension, a minister’s pension in the amount determined under subsection (5).
11(5)The amount of the minister’s pension payable to a person under subsection (4) shall be the amount that would be payable under subsection (2) if the minister’s pension had not commenced until the person had attained sixty years of age, reduced by five-twelfths of one per cent for each month by which the commencement date of the minister’s pension precedes the person’s sixtieth birthday.
11(6)A minister’s pension under subsection (4) is payable in lieu of a minister’s pension under subsection (2) and a person deemed to have elected to receive a minister’s pension under subsection (4) is not entitled to a minister’s pension under subsection (2) upon attaining sixty years of age or at any later time.
Maximum benefit payable
12Notwithstanding sections 10 and 11, the total amount of the annual pension and, where applicable, the minister’s pension, payable in any year to a person under this Part, in respect of pensionable service after December 31, 1991, shall not exceed, in relation to each session of pensionable service to his or her credit, an amount equal to $1,722.22 as established by the Income Tax Act (Canada), or such other amount that is established as the defined benefit limit under that Act in its stead, for the calendar year in which the pension commences.
Surviving spouse’s pension
13(1)Subject to subsections (2), (3) and (4), on the death of a person who at the time of his or her death
(a) was receiving an annual pension,
(b) was entitled to receive an annual pension suspended under subsection 18(2), or
(c) was a member who had to his or her credit eight or more sessions of pensionable service,
the person’s surviving spouse is entitled to receive immediately a surviving spouse’s pension equal to one-half the amount of the person’s annual pension calculated in accordance with subsection 10(2) and, where applicable, one-half of the amount of the minister’s pension calculated in accordance with subsection 11(3), regardless of the age of the person at his or her death.
13(2)Subject to section 15, a surviving spouse’s pension ceases to be payable on the death of the surviving spouse.
13(3)A surviving spouse is not entitled to receive a surviving spouse’s pension if the spouse was receiving an annual pension before the date of their marriage unless the spouse again became a member after that date.
13(4)If two persons claim the surviving spouse’s pension under this section, and one of those persons is a spouse because that person was married, other than in a void or voidable marriage, to the person referred to in subsection (1) at the time of that person’s death, that spouse is entitled to the surviving spouse’s pension, if otherwise eligible and subject to subsection 20.1(3), unless there is a valid written agreement between the person referred to in subsection (1) and that spouse, or a court order or judgment, that bars that spouse’s claim.
1998, c.35, s.1
Children’s pension
14(1)Subject to subsections (2) and (3), where a person described in subsection 13(1) does not leave a surviving spouse or where a surviving spouse’s pension ceases to be payable, a children’s pension equal to the surviving spouse’s pension that was being paid or could have been paid under section 13 is to be paid in equal shares to the children of the contributor who, at the time of the death of the contributor, are dependent on the contributor for support and who are
(a) under nineteen years of age and will not attain the age of nineteen in the calendar year that includes that time, or
(b) under twenty-five years of age and will not attain the age of twenty-five in the calendar year that includes that time and who are in full-time attendance at an educational institution.
14(2)For the purposes of subsection (1), a child who has attained nineteen years of age and who at the time of death of the contributor is dependent on the contributor for support and is dependent on the contributor by reason of mental or physical infirmity, shall be deemed to be a child not having attained nineteen years of age.
14(3)A children’s pension shall be paid to the person having custody and control of the child but where there is no such person it shall be paid to the child or to such other person as the Minister designates.
14(4)A children’s pension ceases to be payable
(a) in the case of a child described in paragraph (1)(a), when the child reaches the age of nineteen years,
(b) in the case of a child described in paragraph (1)(b), when the child reaches the age of twenty-five years or ceases to be in full-time attendance at an educational institution, whichever occurs earlier, or
(c) in the case of a child described in subsection (2), if the child ceases to have a mental or physical infirmity.
2000, c.7, s.7
Annual adjustment of pension
14.1(1)In this section
“Consumer Price Index” means the Consumer Price Index for Canada published under the authority of the Statistics Act (Canada);
“pension index” means for each year, the average of the Consumer Price Index for the twelve month period ending June 30 in the year preceding that year unless the average is less than 1.01 times the pension index for the preceding year, in which case the pension index for the year is the pension index for the preceding year.
14.1(2)Where a pension is paid under this Act to a person who first received the pension after March 31, 1997, the amount of that pension shall be adjusted as of the first day of each year, beginning on January 1, 2001, by multiplying the amount of the pension that would have been payable for that year if no adjustment had been made under this subsection with respect to that following year, by the ratio that the pension index for that year bears to the pension index for the preceding year or 1.06, whichever is the lesser.
14.1(3)Notwithstanding subsection (2), the first adjustment under subsection (2) shall be the amount determined by multiplying the increase, if any, that would otherwise be payable under subsection (2) by a fraction the denominator of which is 12 and the numerator of which is equal to the number of months following the month in which cessation of employment or death took place in the year preceding the year in which the first adjustment is made.
14.1(4)Notwithstanding subsection (2), any increase in the amount of pension payable under this Act by virtue of any adjustment made under subsection (2) relating to any period before January 1, 2001, shall be implemented
(a) so as to be effective January 1, 2001, and
(b) without any retroactive payment being made in respect of any period before January 1, 2001.
2001, c.5, s.1
Payment of benefits
15Where a benefit, other than a return of contributions, becomes payable under this Part, it shall be paid in equal monthly instalments in arrears and continues, subject to this Part, during the lifetime of the recipient, until the end of the month in which the recipient dies and any amount in arrears that remains unpaid at the time of the recipient’s death shall be paid
(a) to the recipient’s surviving spouse who is entitled to the surviving spouse’s pension under section 13,
(b) if there is no surviving spouse or the surviving spouse cannot be found, to the children of the recipient, or
(c) if there are no children or they cannot be found, to the estate of the recipient.
1998, c.35, s.1
Payment to estate
16Where a person described in subsection 13(1) does not leave a surviving spouse or children to whom a pension is payable under this Part, the amount by which the person’s contributions, together with interest, exceed any benefit received by or on behalf of the person shall be paid to the person’s estate.
Payment to estate
17Where for any reason a surviving spouse’s pension or children’s pension ceases to be payable and no one remains to whom a pension is consequently payable, the amount by which the member’s contributions, together with interest, exceed all benefits derived from the member’s contributions shall be paid to the person whose pension so ceased or to that person’s estate.
Suspension of annual pension
18(1)In this section
“full time employment” means full time employment as defined in the Public Service Superannuation Act;
“Public Service” means Public Service as defined in the Public Service Superannuation Act.
18(2)A person’s entitlement to receive an annual pension is suspended while the person is
(a) a person employed in full time employment in the Public Service,
(b) a person, other than a person referred to in paragraph (a), who, in respect of that person’s employment, is required to participate in a pension plan sponsored by the Province,
(c) a judge appointed in accordance with the Provincial Court Act,
(d) a judge who is subject to the Judges Act (Canada),
(e) a senator of Canada,
(f) a member of the House of Commons of Canada,
(g) the Lieutenant-Governor of New Brunswick if appointed as Lieutenant-Governor on or after the commencement of this paragraph, or
(h) the Governor General of Canada if appointed as Governor General on or after the commencement of this paragraph.
2001, c.5, s.1
Person to manage recipient’s affairs
19Where, for any reason, a recipient of a benefit is unable to manage his or her own affairs, the Minister may designate a proper person to receive payment on his or her behalf of any amount that is payable to him or her under this Part.
Prohibition respecting assignment of rights
20(1)No right of a person under this Part is capable of being assigned, charged, anticipated, given as security or surrendered, and, for the purposes of this subsection,
(a) assignment does not include assignment pursuant to a decree, order or judgment of a competent tribunal or a written agreement in settlement of rights arising as a consequence of the breakdown of a marriage between an individual and the individual’s spouse or former spouse, nor does it include assignment by the legal representative of a deceased individual on the distribution of the individual’s estate, and
(b) surrender does not include a reduction in benefits to avoid the revocation of the registration under the Income Tax Act (Canada) of the pension plan provided for in this Part.
20(2)Repealed: 2000, c.7, s.8
2000, c.7, s.8
Division of benefits on marriage breakdown
20.1(1)Notwithstanding any other provision of this Act, where a competent tribunal makes a decree, order or judgment on or after January 1, 1997, in relation to the division on marriage breakdown of a benefit that a member or minister, or a former member or former minister, is or may be entitled to under this Act, the commuted value of the benefit shall be determined in accordance with the regulations as of the date of marriage breakdown and shall be divided in accordance with the decree, order or judgment of the tribunal.
20.1(2)The portion of the benefit to which a spouse of a member or minister, or of a former member or former minister, is entitled to under a decree, order or judgment referred to in subsection (1) shall be dealt with in accordance with the regulations.
20.1(3)If a benefit has been divided under subsection (1), the spouse has no further right
(a) to a division of any other benefit of the member or minister, or of the former member or former minister,
(b) to a surviving spouse’s pension with respect to the member or minister, or the former member or former minister, or any other benefit or amount payable to the spouse under this Act by virtue of being the spouse of the member or minister, or the former member or former minister, or
(c) in relation to the Members’ Pension Account,
and the benefit of the member or minister, or of the former member or former minister, shall be revalued in accordance with the regulations.
20.1(4)Notwithstanding any other provision of this Act, where a written agreement in settlement of rights arising as a consequence of marriage breakdown that is entered into on or after January 1, 1997, provides for the division on marriage breakdown of a benefit that a member or minister, or a former member or former minister, is or may be entitled to under this Act, the commuted value of the benefit shall be determined as of the date of marriage breakdown in accordance with the regulations and shall be divided in accordance with the written agreement.
20.1(5)Subsections (2) and (3) apply with the necessary modifications to a division of a benefit under subsection (4).
20.1(6)A division of benefits under this section shall not result in a reduction of the commuted value of the benefit of a member or minister, or of a former member or former minister, by more than fifty per cent.
20.1(7)A division of benefits under this section applies only in relation to benefits accrued between the date of marriage and the date of marriage breakdown.
20.1(8)Subject to subsection (9), a division of benefits under this section is limited by any restrictions under this Act in relation to the payment of money out of the Members’ Pension Account.
20.1(9)Repealed: 2000, c.7, s.9
1997, c.56, s.1; 1998, c.35, s.1; 2000, c.7, s.9
Regulations
20.2(1)The Lieutenant-Governor in Council may make regulations
(a) respecting the determination of the commuted value of a benefit for the purposes of section 20.1;
(b) respecting the circumstances and manner in which the portion of the benefit to which a spouse of a member or minister, or of a former member or former minister, is entitled under section 20.1, may be dealt with, including, without limiting the generality of the foregoing, the types of instruments to which the portion may be transferred and the types of instruments that may be purchased with the portion;
(c) respecting the revaluation of benefits under section 20.1;
(d) respecting any other matter relating to a benefit to be divided on marriage breakdown;
(e) defining any word or expression used but not defined in section 20.1.
20.2(2)A regulation under subsection (1) may be made retroactive to January 1, 1997, or to any date after January 1, 1997.
1997, c.56, s.1
III
SUPPLEMENTARY ALLOWANCES
Supplementary allowance payable at age fifty-five
21A member who has to his or her credit eight or more sessions of pensionable service and ceases to be a member is entitled, upon attaining fifty-five years of age or at such later time as he or she ceases to be a member, to a supplementary allowance in an amount equal to one hundred and twenty-five per cent of the annual pension calculated in accordance with subsection 10(2), notwithstanding that he or she may not have attained sixty years of age.
Reduced supplementary allowance payable before age fifty-five
22(1)Notwithstanding section 21, a member who has to his or her credit eight or more sessions of pensionable service and ceases to be a member before attaining fifty-five years of age, may elect, after ceasing to be a member, to receive a reduced supplementary allowance in an amount calculated in accordance with section 21, reduced by five-twelfths of one per cent for each month by which the commencement date of the reduced supplementary allowance precedes his or her fifty-fifth birthday.
22(2)An election under subsection (1)
(a) shall be made in writing and signed by the member,
(b) shall be forwarded to the Minister, and
(c) is irrevocable.
22(3)A reduced supplementary allowance under subsection (1) is payable in lieu of a supplementary allowance under section 21 and a person who elects to receive a reduced supplementary allowance under subsection (1) is not entitled to a supplementary allowance under section 21 upon attaining fifty-five years of age or at any later time.
2000, c.7, s.10
Supplementary allowance payable at age fifty-five
23A person referred to in section 21 who has to his or her credit at least six months of pensionable service as a minister is entitled, upon attaining fifty-five years of age or at such later time as he or she ceases to be a member, in addition to the supplementary allowance to which he or she is entitled under section 21, to a supplementary allowance in an amount equal to fifty per cent of the minister’s pension calculated in accordance with subsection 11(3), notwithstanding that the person may not have attained sixty years of age.
Reduced supplementary allowance payable before age fifty-five
24(1)Notwithstanding section 23, a person referred to in subsection 22(1) who elects to receive a reduced supplementary allowance under that subsection and who has to his or her credit at least six months of pensionable service as a minister shall be deemed to have elected to receive, in addition to the reduced supplementary allowance to which he or she is entitled under subsection 22(1), a reduced supplementary allowance in an amount calculated in accordance with section 23, reduced by five-twelfths of one per cent for each month by which the commencement date of the reduced supplementary allowance precedes that person’s fifty-fifth birthday.
24(2)A reduced supplementary allowance under subsection (1) is payable in lieu of a supplementary allowance under section 23 and a person who is deemed to have elected to receive a reduced supplementary allowance under subsection (1) is not entitled to a supplementary allowance under section 23 upon attaining fifty-five years of age or at any later time.
2000, c.7, s.11
Supplementary allowance payable to a surviving spouse
25(1)A surviving spouse of a person who was a member, who is entitled to receive a surviving spouse’s pension under subsection 13(1) in respect of the person’s annual pension, is entitled to a supplementary allowance in an amount equal to one hundred and twenty-five percent of the portion of the surviving spouse’s pension attributable to the annual pension of that person calculated in accordance with subsection 10(2).
25(2)A surviving spouse of a person who was a minister, who is entitled to a surviving spouse’s pension under subsection 13(1) in respect of the minister’s pension, is entitled, in addition to the supplementary allowance to which he or she is entitled under subsection (1), to a supplementary allowance in an amount equal to fifty per cent of the portion of the surviving spouse’s pension attributable to the minister’s pension calculated in accordance with subsection 11(3).
Supplementary allowance payable to a child
26Section 25 applies, with the necessary modifications, to a child who is entitled to receive a children’s pension under section 14, in respect of the children’s pension to which the child is entitled.
No contributions required
27Members and ministers are not required to make contributions in respect of the supplementary allowances or reduced supplementary allowances payable under this Part.
Supplementary allowances payable out of the Consolidated Fund
28Supplementary allowances and reduced supplementary allowances payable under this Part shall be paid out of the Consolidated Fund.
Payment of supplementary allowances
29Except as otherwise provided in this Part, supplementary allowances and reduced supplementary allowances payable under this Part shall be paid at the same time, in the same manner and under the same terms and conditions as the corresponding benefits are or would be payable under Part II, and the provisions of Part II apply, with the necessary modifications, in relation to the payment of supplementary allowances and reduced supplementary allowances payable under this Part.
Annual adjustment of supplementary allowances and reduced supplementary allowances
29.01Section 14.1 applies with the necessary modifications to supplementary allowances and reduced supplementary allowances under this Part.
2001, c.5, s.1
Division of supplementary allowances and reduced supplementary allowances on marriage breakdown
29.1Section 20.1 and any regulation made under section 20.2 apply with the necessary modifications to supplementary allowances and reduced supplementary allowances under this Part.
1997, c.56, s.1
IV
ADMINISTRATION
Administration
30The Minister shall administer this Act and may designate persons to act on the Minister’s behalf.
Annual report of the Minister
31Each year the Minister shall lay before the Legislative Assembly a report on the administration of this Act during the preceding fiscal year which shall include
(a) a statement showing the number of persons receiving benefits under Part II and the amounts paid into and out of the Members’ Pension Account during that fiscal year, and
(b) a statement showing the number of persons receiving supplementary allowances or reduced supplementary allowances under Part III and the amount paid out of the Consolidated Fund as supplementary allowances and reduced supplementary allowances during that fiscal year.
Regulations
32(1)The Lieutenant-Governor in Council may make regulations respecting the nature of the evidence required to establish proof of age, death or spousal status for the purposes of this Act, the time within which such evidence is to be provided and the consequence of any failure to provide such evidence within that time.
32(2)A regulation under subsection (1) may be made retroactive.
1998, c.35, s.1
N.B. This Act is consolidated to June 30, 2001.