1(1)In this Act

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.

1.01(1)Subject to subsections (2) and (3), for the purposes of this Act and the regulations, the date of marriage of a member or former member and his or her spouse is

1.01(2)If, by reason of the operation of subsection (1), more than one date could be the date of marriage of 2 persons, the date of marriage of the 2 persons shall be deemed to be the earlier or earliest of those dates.

1.01(3)If a member or former member was cohabiting in a conjugal relationship with his or her spouse immediately before their marriage, the date of marriage shall be deemed to be the date on which they commenced to cohabit in a conjugal relationship.

1.01(4)For the purposes of this Act and the regulations, the date of common-law partnership of a member or former member and his or her common-law partner is the date on which they commenced to cohabit in a conjugal relationship.

1.1(1)This Act applies, after the commencement of this subsection,

1.1(1.1)This Act applies, after the commencement of this subsection, to common-law partners of members and former members referred to in paragraphs (1)(a) to (d).

1.1(2)This Act does not apply to members or former members to whom the Members’ Pension Act applies.

1.1(3)Where a member who was a member on the commencement of this subsection elects, in accordance with section 3 of the Members’ Pension Act, to be subject to that Act, that Act applies to that member as of the date the election becomes effective and this Act ceases to apply.

1.1(4)Where a person who was a member on the commencement of this subsection ceases to be a member without having elected, in accordance with section 3 of the Members’ Pension Act to be subject to that Act, but again becomes a member, the Members’ Pension Act applies to that member and this Act ceases to apply.

1.1(5)Where a former member who ceased to be a member before the commencement of this subsection again becomes a member after the commencement of this subsection, the Members’ Pension Act applies to that member and this Act ceases to apply.

3.1(1)In this section

3.1(2)A member may elect to count a period consisting of a number of full years of active military service as pensionable service if

3.1(3)For the purposes of section 11, where a member has elected to count a period of active military service as pensionable service under subsection (2), each full year of service so counted is equivalent to one session of pensionable service.

5(1)Each member shall contribute to the Members Superannuation Account an amount equal to nine per cent of his indemnity.

5(2)In addition to his contribution under subsection (1), each minister shall contribute to the Members Superannuation Account an amount equal to six per cent of his salary.

5(3)Where a member receives a portion of an indemnity under the Legislative Assembly Act, he shall be deemed, for the purposes of this Act, to have received the indemnity, and shall contribute under subsection (1) the amount he would be required to contribute if he had received the indemnity.

6(1)A member who was not required to contribute under this Act or the Members Superannuation Act, chapter 9 of 7 Elizabeth II, 1958, for any sessional allowance under section 27 of the Legislative Assembly Act, chapter L-3 of the Revised Statutes, 1973, may elect to contribute in respect of that session as if he had received an indemnity, in which case he shall pay the amount he would have been required to contribute for that session together with interest thereon until the date of election.

6(2)A session in respect of which an election is made pursuant to subsection (1) shall be deemed to be a session of pensionable service for the purposes of this Act.

8(1)An election under subsection 6(1)

8(2)An amount required to be paid under subsection 6(1) shall be paid by the member into the Members Superannuation Account

8(3)Subject to subsection (4), where paragraph (2)(b) is used 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 Act.

8(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.

9(1)At the end of each fiscal year there shall be credited to the Members Superannuation 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.

9(2)Interest shall be credited to the Members Superannuation Account at such intervals as the Minister shall prescribe.

10(1)A member who has to his credit less than ten sessions of pensionable service is entitled, upon ceasing to be a member, to a return of contributions.

10(2)Upon the death of a member who had to his credit less than ten sessions of pensionable service, a return of contributions shall be paid

10(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 20.01(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.

10(3)Where a minister ceases to be a minister but remains a member, he may apply in writing to the Minister for a return of his contributions as a minister and shall thereby irrevocably forfeit the right to a minister’s pension in respect of that pensionable service.

10.1(2)Where a pension is paid under this Act to a person who was receiving the pension before January 1, 1978, the amount of that pension expressed in annual terms shall be adjusted by multiplying the amount of the pension that would have been payable if no adjustment had been made under this subsection by the ratio that the Consumer Price Index for the year 1972 bears to the Consumer Price Index for the year in which the pension was first received.

10.1(3)The amount of any pension paid under this Act, after being adjusted in accordance with subsection (2), shall be adjusted, in respect of the previous year, as of the first day of each year,

10.1(4)An increase in the amount of a pension adjusted under subsections (2) and (3) shall be effective April 1, 1978.

10.2(1)Subject to subsection (4), the first ten thousand dollars of pension under this Act expressed in annual terms as of June 30, 1981, or the amount of pension payable as of that date where the amount of pension is less than ten thousand dollars, shall be further adjusted as of July 1, 1981, by multiplying that amount by the percentage that is equal to the difference between

10.2(2)Every pension adjusted in accordance with subsection (1) shall be further adjusted as of the first day of each year, beginning January 1, 1982 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.

10.2(4)This section applies to pensions being received under this Act immediately prior to January 1, 1981, and still being received on July 1, 1981.

10.3(1)Where a pension is paid under this Act to a person who first received the pension after December 31, 1980, but before January 1, 1989, the amount of that pension shall be adjusted as of the first day of each year, commencing with the year following the year in which the pension was first received, 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.

10.3(2)Notwithstanding subsection (1), any increase in the amount of pension payable under this Act by virtue of an adjustment made under subsection (1) relating to any period before January 1, 1990, shall be implemented

10.4(1)Where a pension is paid under this Act to a person who first received the pension after December 31, 1989, but before January 1, 1997, the amount of that pension shall be adjusted as of the first day of each year, commencing with the year following the year in which the pension was first received, 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.

10.4(2)Notwithstanding subsection (1), any increase in the amount of pension payable under this Act by virtue of any adjustment made under subsection (1) relating to any period before January 1, 1997, shall be implemented

10.5(1)Where a pension is paid under this Act to a person who first received the pension after December 31, 1996, 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.

10.5(2)Notwithstanding subsection (1), the first adjustment under subsection (1) shall be the amount determined by multiplying the increase, if any, that would otherwise be payable under subsection (1) 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.

10.5(3)Notwithstanding subsection (1), any increase in the amount of pension payable under this Act by virtue of any adjustment made under subsection (1) relating to any period before January 1, 2001, shall be implemented

12(1)In this section “average salary” means the average annual salary received by a minister during the period of three successive years during which his salary was highest, or, in the case of a minister having less than three years pensionable service as a minister, the average annual salary received by him as a minister.

12(2)A member who is receiving or entitled to receive an annual pension under section 11 and has to his credit at least six months pensionable service as a minister is entitled, in addition to that annual pension, to a minister’s pension equal to three per cent of his average salary multiplied by the number of years of pensionable service to his credit as a minister.

13(1)Subject to subsections (2), (3) and (4), upon the death of a person who at the time of his death

13(2)Subject to section 15, a surviving spouse’s pension ceases to be payable upon the death of the surviving spouse.

13(3)A surviving spouse is not entitled to receive a surviving spouse’s pension if his spouse was receiving an annual pension prior to the date of their marriage unless he again became a member subsequent to 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 20.01(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.

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 is payable immediately in equal shares to those children who have not attained the age of eighteen years.

14(2)For the purpose of subsection (1), a child of eighteen years or more who is incapable of pursuing regularly any substantially gainful employment is deemed to be a child not having attained the age of eighteen years.

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 himself or to such other person as the Minister designates.

18(1)In this section

18(2)A person’s entitlement to receive an annual pension is suspended while the person is

20(1)The interest of any member in the Members Superannuation Account and his entitlement to any benefit under this Act are not subject to seizure or any legal process and are not assignable.

20(2)Notwithstanding subsection (1), where any member is indebted to the Province in a specific sum of money, the Comptroller may retain by way of deduction or setoff the amount of any such indebtedness out of any benefit payable to him under this Act.

20.01(1)Notwithstanding subsection 20(1) and 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.

20.01(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.

20.01(3)If a benefit has been divided under subsection (1), the spouse has no further right

20.01(4)Notwithstanding subsection 20(1) and 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.

20.01(5)Subsections (2) and (3) apply with the necessary modifications to a division of a benefit under subsection (4).

20.01(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.

20.01(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.

20.01(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 Superannuation Account.

20.01(9)Where an amount of a benefit of a member or minister, or of a former member or former minister, is retained by way of deduction or setoff under subsection 20(2), the portion of the benefit to which the spouse of that member or minister, or of that former member or former minister, is entitled under this section, shall not be reduced by such amount.

20.02(1)The Lieutenant-Governor in Council may make regulations

20.02(2)A regulation under subsection (1) may be made retroactive to January 1, 1997, or to any date after January 1, 1997.

22(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.

22(2)A regulation under subsection (1) may be made retroactive.

22.1(1)Despite the definition of “annual pension” in subsection 1(1), a person who ceases to be a member on or after April 1, 2008, and who has to his or her credit at least ten sessions of pensionable service is entitled to an annual pension calculated in accordance with subsection (2).

22.1(2)The annual pension referred to subsection (1) is equal to 3% of the average indemnity received by a member during or in respect of the period of three successive sessions during which his or her indemnity was highest, multiplied by the number of sessions of pensionable service to his or her credit, but, the pension shall not exceed the indemnity in effect at the time he or she ceases to be a member.

22.2(1)Despite section 10.5, if a pension is paid under this Act in respect of a person who ceases to be a member on or after April 1, 2008, the amount of that pension shall be adjusted as of the first day of each year, beginning on January 1, 2009, 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 1.05, whichever is the lesser.

22.2(2)Despite subsection (1), the first adjustment under subsection (1) shall be the amount determined by multiplying the increase, if any, that would otherwise be payable under subsection (1) 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 the cessation of employment or death took place in the year preceding the year in which the first adjustment is made.

22.3(1)Despite section 22.1, the amount of annual pension to which a person who ceases to be a member on or after April 1, 2008, is entitled shall not be less than the amount of annual pension to which he or she would have been entitled if he or she had ceased to be a member before April 1, 2008, having the same period of pensionable service to his or her credit.

22.3(2)If there is a shortfall between the minimum amount of annual pension in subsection (1) and the annual pension to which a person is entitled, the shortfall shall be payable out of the Consolidated Fund.

23(1)Subject to subsections (2) to (7), upon the death of a person who was receiving an annual pension prior to the date of his or her marriage to his or her surviving spouse, that surviving spouse is entitled to receive immediately an allowance equal to one-half the amount calculated under section 11 or 22.1, as the case may be, and section 12.

23(2)A surviving spouse who is entitled to a surviving spouse’s pension is not entitled to an allowance under this Part.

23(3)Where a person described in subsection (1) dies within one year after the date of his or her marriage, no allowance is payable to his or her surviving spouse unless the Minister considers it would be just and reasonable in the circumstances for the surviving spouse to be paid an allowance.

23(4)Subsection (3) applies whether the marriage occurs before, on or after the commencement of this subsection.

23(5)For the purposes of subsection (3), the surviving spouse must show the Minister that the marriage was entered into in good faith.

23(6)A children’s pension is not payable at the same time as an allowance is being paid to a surviving spouse.

23(7)A children’s pension is payable upon the death of a surviving spouse who was receiving an allowance under this Part.

28(1)Upon the death of a person described in subsection 13(1) who does not have a surviving spouse or whose surviving spouse is not entitled to a surviving spouse’s pension or an allowance under section 23, such person’s surviving common-law partner is entitled to receive immediately an allowance equal to ½ of the amount calculated under section 11 or 22.1, as the case may be, and section 12.

28(2)A children’s pension is not payable at the same time as an allowance is being paid to a surviving common-law partner.

28(3)A children’s pension is payable upon the death of a surviving common-law partner who was receiving an allowance under this Part.

30(1)If no person is paid a return of contributions under paragraph 10(2)(a), an amount equal to the return of contributions shall be paid to the member’s surviving common-law partner if he or she can be found and would have been entitled to receive an allowance under section 28 at the time of the member’s death had the member had to his or her credit 10 or more sessions of pensionable service.

30(2)A return of contributions shall not be paid to the member’s children or estate under paragraph 10(2)(b) or (c) if an amount is paid to the member’s surviving common-law partner under subsection (1).

31(1)If the recipient was a member and no person is paid an amount in arrears under paragraph 15(a), an amount equal to the amount in arrears shall be paid to the recipient’s surviving common-law partner if he or she can be found and is entitled to receive an allowance under section 28.

31(2)An amount in arrears shall not be paid to the recipient’s children or estate under paragraph 15(b) or (c) if an amount is paid to the recipient’s surviving common-law partner under subsection (1).

32(1)An allowance payable under this Part shall be paid out of the Consolidated Fund.

32(2)An amount payable under section 30 or 31 shall be paid out of the Consolidated Fund.

35(1)Despite any other provision of this Act, on and after July 1, 2014, all benefits, including adjustments made to those benefits in accordance with sections 10.1 to 10.5 and 22.2 and shortfalls payable under subsection 22.3(2), that were earned, accrued or vested before July 1, 2014, may be revoked, suspended, increased or reduced by Treasury Board.

35(2)Despite any other provision of this Act, on and after July 1, 2014, all allowances payable under Parts 2 and 3, including adjustments to those allowances provided for in sections 25, 25.1, 29 and 29.1 and made in accordance with sections 10.1 to 10.5 and 22.2, that were earned, accrued or vested before July 1, 2014, may be revoked, suspended, increased or reduced by Treasury Board.

35(3)Treasury Board may only exercise its authority under subsection (1) or (2) in a manner and by an amount that is consistent with the manner in which and the amount by which the administrator of the pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions revokes, suspends, increases or reduces base benefits or ancillary benefits under that plan.

36(1)The Crown in right of the Province, a minister of the Crown, a person designated to act on behalf of a minister, the Financial and Consumer Services Commission, the Superintendent of Pensions or an administrator or any of their officers, directors, employees or members is not liable under this Act, the regulations, the Pension Benefits Act or the regulations under that Act if the minister, person designated to act on behalf of a minister, Financial and Consumer Services Commission, Superintendent of Pensions or administrator or any of their officers, directors, employees or members exercised the care, diligence and skill that a reasonably prudent person would have exercised in comparable circumstances, including reliance in good faith on a report of a person whose profession lends credibility to a statement made by that person.

36(2)Despite any other provision of this Act, the regulations under this Act, section 12 of the Pension Benefits Act and any contract or trust, including a document that creates or supports a pension plan or pension fund, no cause of action, claim or demand arises and no action for damages or other proceeding shall be instituted against the Crown in right of the Province, a minister of the Crown, a person designated to act on behalf of a minister, the Financial and Consumer Services Commission, the Superintendent of Pensions, an administrator, a trustee, a board of trustees, an employer, a trade union that represents its members, an employee organization that is the bargaining agent of its members or any other person, board or committee with the right to amend a pension plan or any of their officers, directors, employees, members, agents or advisers in relation to any of the following: