Acts and Regulations

P-26 - Public Service Superannuation Act

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Document at 31 December 2006
CHAPTER P-26
Public Service
Superannuation Act
Definitions
1(1)In this Act
“annual allowance” means an allowance described in subparagraph 10(1)(c)(ii) or section 10.4 or 10.41;(allocation annuelle)
“benefit” means any immediate pension, annual allowance, surviving spouse’s pension, children’s pension, other dependant’s pension or payment pursuant to section 20 and includes a return of contribution with or without interest;(prestation)
“Canada Pension plan” means the pension plan provided by the Canada Pension Plan Act (Canada) and any regulations under that Act;(Régime de pensions du Canada)
“casual employee” means an employee, of a Public Service Corporation as defined in section 18, who is deemed by the employer not to be engaged on a full-time basis as a regular employee and a member of the permanent staff;(employé occasionnel)
“child” means a child of the contributor and includes a natural child, stepchild or adopted child;(enfant)
“children’s pension” means a pension described in section 12;(pension d’enfants)
“contributor” means a person required by subsection 3(1) to contribute to the Superannuation Account, and unless the context otherwise requires, a person who, having ceased to be so required to contribute to the Superannuation Account, (cotisant)
(a) continues to be employed in the Public Service,
(b) is receiving benefits under a long-term disability plan approved by the Minister,
(c) has retired, or
(d) has elected to receive a deferred pension;
“deferred pension” means an annual allowance or immediate pension described in paragraph 10(1)(d) or section 10.5;(pension différée)
“deputy head” means deputy head as defined in the Civil Service Act and includes the chief executive officer of any agency as specified by regulation;(administrateur général)
“disability pension” means a pension described in paragraph 10(1)(b);(pension d’invalidité)
“disabled” means incapable of pursuing regularly any substantially gainful employment;(invalide)
“full time employment” means employment in the Public Service requiring continuous service in an office or position, where the employee is required to work at least twenty-nine hours per week;(emploi à plein temps)
“immediate pension” means a pension described in section 7;(pension à jouissance immédiate)
“interest” means interest at the rate and calculated in the manner prescribed by regulation;(intérêt)
“Minister” means the Minister of Finance in the Minister’s capacity as Chairman of the Board of Management and includes anyone designated by the Minister to act on the Minister’s behalf;(Ministre)
“part time employment” means employment that is not full time employment;(emploi à temps partiel)
“pensionable service” means any period of service to the credit of the contributor under this Act that may be used in the calculation of a benefit;(service ouvrant droit à pension)
“plan governor” means the person who has the overall responsibility for the pension plan established in this Act;(responsable de la gouvernance du régime)
“Public Service” means the several positions in or under any department as defined in the Financial Administration Act and includes any board, commission, corporation, educational institution or portion of the public service as specified by regulation;(services publics)
“return of contributions” means a return of the amount paid by the contributor into the Superannuation Account or any amount paid by him into any other account or fund and transferred to the Superannuation Account, with or without interest;(remboursement des cotisations)
“salary” means the compensation received by a person for the performance of the regular duties of a position or office during any period of service, and, subject to the regulations, where a person receives only a portion of his salary for a period, he is deemed, for the purpose of calculating his pension contributions, to have received the full salary for that period;(traitement)
“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)
“Superannuation Account” means the account in the Consolidated Fund established pursuant to the Superannuation Act and continued by section 27 of this Act;(compte de pension)
“Superannuation Act” means the Public Service Superannuation Act, chapter 185, Revised Statutes, 1952;(loi sur la pension de retraite)
“surviving spouse’s pension” means a pension described in section 11;(pension de conjoint survivant)
“Teachers’ Act” means the Teachers’ Pension Act, chapter 225, Revised Statutes, 1952; (loi des enseignants)
“Teachers’ Pension Fund” means the fund established pursuant to subsection 14(1) of the Teachers’ Act and continued by section 26 of the Teachers’ Pension Act;(Caisse de retraite des enseignants)
“widow’s pension” Repealed: 1974, c.41(Supp.), s.1
Determination of age
1(2)For the purpose 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 to have reached the specified age at the beginning of the calendar month following the calendar month in which he actually reached or will reach that age.
Application of definition “spouse” in relation to the University of New Brunswick and its academic employees
1(3)The definition “spouse” in subsection (1) applies in relation to the academic employees of the University of New Brunswick, as defined in subsection 26.1(1), who have to their credit pensionable service under this Act before January 1, 1993, and to the University of New Brunswick in respect of such academic employees.
1966, c.23, s.2; 1971, c.58, s.1; 1972, c.57, s.1; 1974, c.41(Supp.), s.1; 1975, c.49, s.1; 1976, c.50, s.1; 1977, c.43, s.1; 1984, c.58, s.1; 1991, c.45, s.1; 1992, c.2, s.52; 1996, c.67, s.1; 1998, c.35, s.4; 1999, c.14, s.1; 2006, c.17, s.2
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.
1.1(3)This section applies in relation to the academic employees of the University of New Brunswick, as defined in subsection 26.1(1), who have to their credit pensionable service under this Act before January 1, 1993, and to the University of New Brunswick in respect of such academic employees.
1998, c.35, s.4; 1999, c.14, s.2
Administration
2The Minister shall administer this Act and may designate persons to act on his behalf.
1966, c.23, s.3
Plan governor
2.1The Chairman of the Board of Management is the plan governor.
2006, c.17, s.2
Contributions to account
3(1)Every person employed in the Public Service, other than
(a) a person under eighteen years of age who, immediately prior to September 1, 1966, was not a contributor under the Superannuation Act;
(b) a person who, on the date he would normally become a contributor under this Act is sixty years of age or over and who could not have or does not agree to purchase sufficient pensionable service to have acquired five years pensionable service by the time he attains sixty-five years of age;
(c) a casual employee;
(d) a person employed in part time employment;
(d.1) a person employed in any department as defined in the Financial Administration Act who occupies a part-time or seasonal position on the personnel establishment created by the Board of Management for that department;
(d.2) a person who is receiving benefits under a long-term disability plan approved by the Minister;
(e) a contributor under the Teachers’ Pension Act; or
(f) a person employed in any department as defined in the Financial Administration Act who does not occupy a position on the personnel establishment created by the Board of Management for that department;
shall contribute to the Superannuation Account
(g) five and three-tenths per cent of his salary that does not exceed the “Year’s Maximum Pensionable Earnings” as defined under the Canada Pension Plan Act, and
(h) seven per cent of his salary that exceeds the “Year’s Maximum Pensionable Earnings” as defined under the Canada Pension Plan Act.
Repealed
3(2)Repealed: 1983, c.71, s.1
1966, c.23, s.4; 1969, c.66, s.1; 1972, c.57, s.2; 1975, c.49, s.2; 1976, c.50, s.2; 1977, c.43, s.2; 1983, c.71, s.1; 1984, c.58, s.2; 1987, c.6, s.91; 1991, c.45, s.2
Election to contribute to account
3.01(1)Notwithstanding paragraphs 3(1)(d) and (d.1),
(a) a person employed in full time employment who, after the commencement of this subsection, becomes a person described in paragraph 3(1)(d) or (d.1), may elect to continue to contribute to the Superannuation Account, and
(b) a person described in paragraph 3(1)(d) or (d.1) who, before the commencement of this subsection, became a person described in paragraph 3(1)(d) or (d.1) immediately after ceasing to be employed in full time employment, may elect to resume contributing to the Superannuation Account.
3.01(2)A person who makes an election under paragraph (1)(a) or (b) shall be deemed to be a person required by subsection 3(1) to contribute to the Superannuation Account and shall
(a) contribute to the Superannuation Account an amount calculated on the basis of the person’s salary, and
(b) accumulate pensionable service on the basis of the time the contributor is required to work and is paid that salary.
3.01(3)Notwithstanding subsections (1) and (2), where a person employed in full time employment becomes a person described in paragraph 3(1)(d) or (d.1) during the five years before, or at any time after, the person attains retirement age, if the person intends to retire within five years, the person may, for the period remaining before the date specified by the person under paragraph (4)(a), elect to continue to contribute to the Superannuation Account, on the same basis as if the person had continued to be employed in full time employment.
3.01(4)A person who makes an election under subsection (3) shall
(a) at the time the person makes the election, specify the date on which the person intends to retire, and
(b) notwithstanding any other provision of this Act, for the period described in subsection (3),
(i) continue to contribute to the Superannuation Account an amount based on the salary the person would have been paid had the person continued to be employed in full time employment, and
(ii) continue to accumulate pensionable service at the same rate as if the person had continued to be employed in full time employment.
1994, c.89, s.1
Contributions to account
3.1Notwithstanding subsection 3(1), after August 31, 1992, persons required to contribute to the Superannuation Account under subsection 3(1) shall contribute
(a) five and eight-tenths per cent of the portion of the person’s salary that does not exceed the “Year’s Maximum Pensionable Earnings” as defined under the Canada Pension Plan Act, and
(b) seven and one-half per cent of the portion of the person’s salary that exceeds the “Year’s Maximum Pensionable Earnings” as defined under the Canada Pension Plan Act.
1991, c.45, s.3
Maximum amount of contributions
3.2Notwithstanding subsection 3(1) and sections 3.01 and 3.1, a contributor shall not in any year contribute to the Superannuation Account an amount in excess of 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 the regulations under that Act.
1994, c.89, s.2
Calculation of pensionable service
4(1)Subject to this Act, the following service may be counted by a contributor as pensionable service, namely:
(a) non-elective service, comprising,
(i) any period of service during which he was required to contribute to the Superannuation Account but in respect of which he has not at any time received any benefit,
(ii) Repealed: 1983, c.71, s.2
(iii) any period of service that is deemed to be Public Service pursuant to section 20,
(iv) any period of service in the forces in World War II that the contributor was entitled to count by order of the Lieutenant-Governor in Council pursuant to the Superannuation Act,
(v) any period of service prior to the coming into force of the Superannuation Act, and
(vi) any period of leave with full salary or part salary in the case of a contributor who was in full time employment and was granted a leave of absence, if there is written documentation acceptable to the Minister to verify such leave of absence, if he or she resumes full time employment at full salary for at least one year where the period of leave was in excess of two years unless the Minister exempts him or her from resuming full time employment at full salary for at least one year, if he or she makes contributions during or in respect of that period of leave, and if the required contributions are not made during that period of leave, he or she pays, commencing on the date of the termination of that period of leave and within the period of time determined by the Minister which period of time shall not exceed the length of the period of leave, an amount equal to the unpaid contributions, together with interest from the date of the termination of that period of leave to the date the contributions are paid in full, except that this subparagraph does not apply in respect of any service during that period of leave that has been credited to that contributor under this Act or under any other act of the Province or any other jurisdiction;
(b) elective service, comprising,
(i) in the case of a person who, immediately prior to September 1, 1966, was a contributor under the Superannuation Act,
(A) any period of service for which he elected to pay under the Superannuation Act if he pays, within the time prescribed by the Minister, the amount that he would have been required to pay under the Superannuation Act had that Act continued in force, and
(B) any period of service for which he might have elected under the provisions of the Superannuation Act if, within four years of the coming into force of this Act, he elects to pay in respect of that period of service any amount that he would have been required to pay under the provisions of the Superannuation Act in force immediately prior to the coming into force of this Act had he so elected,
(ii) with reference to any contributor,
(A) any period of continuous full time employment in the Public Service before becoming a contributor under this Act or the Superannuation Act, including any period of continuous full time employment in the Public Service before April 1, 2004, if there is written documentation acceptable to the Minister to verify such period of employment and if he elects to pay in respect of that period of service an amount equal to the amount that he would have been required to contribute had he been a contributor during that period but based on the salary authorized to be paid to him at the date of election and the contribution rates applicable at that date,
(A.1) any period of continuous full time service during which the contributor was, immediately before becoming employed in full time employment in the Public Service, an employee of a municipality within the meaning of section 26, who became employed in the Public Service immediately after ceasing to be employed by the municipality because the contributor’s function, which was the responsibility of the municipality, became the responsibility of the Province, and in respect of which the contributor has no pensionable service to the contributor’s credit under this Act, if the contributor elects, before January 1, 1996, to pay in respect of that period of service an amount equal to the amount the contributor would have been required to contribute had the contributor been a contributor during that period but based on the salary authorized to be paid to the contributor at the date of election and the applicable contribution rates at that date,
(A.2) any period of full time service before September 1, 1966 during which the contributor was deemed by the employer to be employed on a casual basis because the contributor was or became a married woman during that period of full time service, if the contributor elects, before January 1, 1996, to pay an amount equal to the amount the contributor would have been required to pay had the contributor been a contributor during that period but based on the salary authorized to be paid to the contributor at the date of election and the contribution rates applicable at that date,
(A.3) any period of service with the Government of Canada, including any Crown corporation or agency of that Government, or with the Government of a Province or Territory of Canada, during which the contributor was a person required to contribute under the Public Service Superannuation Act (Canada) or under any similar legislation of the Province or Territory of Canada specified by regulation, as the case may be, and in respect of which the contributor received a return of contributions, if the contributor elects to pay in respect of that period of service an amount equal to twice the amount the contributor would have been required to pay had the contributor been a contributor during that period but based on the salary authorized to be paid to the contributor at the date of election and the contribution rates applicable at that date,
(A.4) any period of service before the commencement of this clause during which the contributor was a person described in paragraph 3(1) (d) or (d.1), if the contributor was employed in full time employment immediately before commencing that period of service and if the contributor elects to pay in respect of that period of service an amount equal to the amount the contributor would have been required to contribute had the contributor been a contributor during that period but based on the salary authorized to be paid to the contributor at the date of election and the contribution rates applicable at that date,
(A.5) any period on or after January 1, 1993, between the date the contributor ceased to be required to contribute to the Superannuation Account and the date the contributor commenced to receive benefits under a long-term disability plan approved by the Minister, if the contributor elects to pay in respect of that period an amount equal to the amount the contributor would have been required to pay had the contributor been a contributor during that period but based on the salary authorized to be paid to the contributor at the date the contributor ceased to be required to contribute to the Superannuation Account and the applicable contribution rates at that date,
(A.6) any period of leave without salary, including any period of leave before April 1, 2004, in the case of a contributor who is in full time employment and was granted a leave of absence for half days or for part of a week, if there is written documentation acceptable to the Minister to verify such leave of absence, and if he or she elects to pay in respect of that period of leave an amount equal to the amount he or she would have been required to pay had he or she been a contributor during that period, but based on the salary that would be authorized to be paid to him or her at the date of election if he or she were working in full time employment at full salary at that date and the contribution rates applicable at that date, except that this clause does not apply in respect of any service during that period of leave that has been credited to that contributor under this Act or under any other act of the Province or any other jurisdiction,
(A.7) any period of leave without salary, other than a period of leave referred to in clause (A.6), in the case of a contributor who was in full time employment and was granted a leave of absence, if there is written documentation acceptable to the Minister to verify such leave of absence, if he or she resumes full time employment at full salary for at least one year where the period of leave was in excess of two years unless the Minister exempts him or her from resuming full time employment at full salary for at least one year, if he or she makes contributions during or in respect of that period of leave, and if the required contributions are not made during that period of leave, he or she elects to pay in respect of that period of leave an amount equal to the amount he or she would have been required to pay had he or she been a contributor during that period, but based on the salary authorized to be paid to him or her at the date of election and the contribution rates applicable at that date, except that this clause does not apply in respect of any service during that period of leave that has been credited to that contributor under this Act or under any other act of the Province or any other jurisdiction,
(B) any period of service in respect of which he has received any amount by way of a return of contributions or interest under this Act, the Superannuation Act, the Teachers’ Act or the Teachers’ Pension Act if he elects to pay in respect of that period of service an amount equal to the amount he would have been required to contribute had he been a contributor during that period but based on the salary authorized to be paid to him at the date of election and the contribution rates applicable at that date,
(B.1) any period of service with The Saint John Housing Authority in respect of which he received, after ceasing to be employed by The Saint John Housing Authority, any amount by way of a return of contributions and interest from the pension plan established in respect of The Saint John Housing Authority if, on January 1, 1986, he ceased to be employed with The Saint John Housing Authority to become employed with the New Brunswick Housing Corporation and, within one year after the commencement of this clause, elects to pay in respect of that period of service an amount equal to the contributions and interest received by him, together with interest from the date the amount was received by him until the time of the election,
(C) any period of active military service with the armed forces of Canada or her allies during World War II or the Korean Campaign, in accordance with the regulations, if he elects to pay in respect of that period of service an amount equal to the amount he would have been required to contribute had he been a contributor during that period but based on the salary authorized to be paid to him at the date of election and the contribution rates applicable at that date,
(C.1) any period of service during which he served as a Member of the Legislative Assembly, but in respect of which he is not entitled to a pension under the Members Superannuation Act, if he elects to pay in respect of that period of service an amount equal to the amount he would have been required to contribute had he been a contributor during that period but based on the salary authorized to be paid to him at the date of election and the contribution rates applicable at that date,
(C.2) Repealed: 1988, c.39, s.1
(D) Repealed: 1987, c.47, s.1
(iii) with reference to a deputy head, any period for which a deputy head elects in accordance with subsection (2) to take leave without pay.
Election to take leave without pay
4(2)A person who
(a) has attained the age of fifty years,
(b) has served as a deputy head for not less than one year, and
(c) has to his credit a prior period of pensionable service of at least twenty years,
may elect to take leave without pay for such period as is required to accumulate twenty-five years of pensionable service, and if he so elects shall contribute for that period the amount that he would have been required to contribute if he were receiving the salary he was receiving at the date of the election, at the contribution rate in effect at that time.
Calculation of pensionable service
4(3)A contributor who is receiving benefits under a long-term disability plan approved by the Minister may count as pensionable service the period during which the contributor is receiving benefits under the plan.
Calculation of pensionable service
4(4)Subsection (3) applies only to a contributor who commences receiving benefits described in that subsection on or after January 1, 1993.
Salary deemed to have been received during period of leave
4(5)For the purposes of clause (1)(b)(ii)(A.6), a contributor shall be deemed to have received the salary applicable to his or her office or position during the period of leave.
Salary deemed to have been received during period of leave
4(6)For the purposes of subparagraph (1)(a)(vi) and clause (1)(b)(ii)(A.7), a contributor shall be deemed to have received the salary applicable to his or her office or position during the period of leave.
1966, c.23, s.5; 1969, c.66, s.2; 1971, c.58, s.2; 1972, c.57, s.3, 4; 1975, c.49, s.3; 1983, c.71, s.2; 1984, c.58, s.3; 1987, c.47, s.1; 1988, c.38, s.1; 1988, c.39, s.1; 1991, c.45, s.4; 1994, c.89, s.3; 2004, c.34, s.1
Restrictions on leave without pay
4.1Notwithstanding any other provision of the Act or the regulations, a contributor shall not count as pensionable service any period of leave without pay taken on or after January 1, 1990 that exceeds the maximum period or periods of such leaves without pay permitted for that purpose under the Income Tax Act and the regulations under that Act.
1994, c.89, s.4
Form and effect of election
5(1)Every election under this Act
(a) shall be made in writing and signed by the contributor while still employed in the Public Service except as otherwise provided under this Act,
(b) shall be in the form prescribed by regulation,
(c) shall be forwarded to the Minister within the time prescribed by this Act, and
(d) is irrevocable except as provided by regulation.
When election void
5(2)An election under this Act is void in so far as it is an election to pay for
(a) any period of service that the elector is entitled to count for the purposes of the Teachers’ Act or the Teachers’ Pension Act, or
(b) Repealed: 1987, c.47, s.2
(c) any period of service occurring after August 31, 1966 during which the person was under eighteen years of age.
Election respecting period of service
5(3)A contributor who is entitled under this Act to elect to pay for a period of service is entitled to elect to pay for part only of that period but only that part that is most recent.
Payment respecting period of service
5(4)Any amount required by paragraph 4(1)(b) to be paid by a contributor in respect of any period of service for which he has elected to pay is to be paid by him into the Superannuation Account
(a) in a lump sum at the time of making the election, or
(b) in instalments over a period determined by the Minister, such period not to exceed the period of service in respect of which the election is made, and subject to additional interest.
Cessation of instalment payments
5(5)Where a contributor who has elected under this Act to pay for any period of service and has undertaken to pay for that service in instalments, ceases to be employed in the Public Service before all the instalments have been paid, the unpaid instalments are to be reserved from any pension benefit payable to him under this Act, and in the event of his death the unpaid instalments are to be recovered from any pension payable under this Act to the surviving spouse, children or other dependant of the contributor if the surviving spouse, children or other dependant, as the case may be, desire the period of service represented by the unpaid instalments to be used in computation of the pension.
1966, c.23, s.6; 1974, c.41(Supp.), s.2; 1987, c.47, s.2; 1996, c.67, s.2
Payout of pension
6(1)Where a pension becomes payable under this Act, it shall be paid in equal monthly instalments in arrears and is to continue, subject to this Act, during the lifetime of the recipient and thereafter until the end of the month in which he dies and any amount in arrears thereof that remains at any time after his death is to be paid to the surviving spouse who is entitled to the surviving spouse’s pension under section 11, or if there is no surviving spouse or he cannot be found in equal shares to the children, or if there are no children or they cannot be found to the estate of the recipient.
6(1.1)Subsection (1), as amended on the commencement of this subsection, applies in relation to the academic employees of the University of New Brunswick, as defined in subsection 26.1(1), who have to their credit pensionable service under this Act before January 1, 1993, and to the University of New Brunswick in respect of such academic employees.
6(2)Where a recipient described in subsection (1)
(a) does not leave a surviving spouse or children to whom a pension is payable under this Act, any amount by which the amount of the recipient’s contributions with interest exceeds any benefit received by him shall be paid to the estate of the recipient; or
(b) leaves a surviving spouse or children to whom a pension is payable under this Act and the surviving spouse’s pension or children’s pension ceases to be payable and no person remains to whom a pension is consequently payable, any amount by which the amount of the recipient’s contributions with interest exceeds the aggregate of all benefits derived therefrom shall be paid to the estate of the recipient.
1966, c.23, s.7; 1974, c.41(Supp.), s.3; 1979, c.60, s.1; 1998, c.35, s.4; 1999, c.14, s.3
Calculation of immediate pension
7(1)In this section
(a) “average salary” means the average annual salary received or deemed to have been received by the contributor during the period of five successive years of pensionable service during which his salary was highest;
(b) “average maximum salary” means the average of the year’s maximum pensionable earnings as defined in the Canada Pension Plan for the year in which the contributor becomes entitled to a benefit under subsection (2) and the year’s maximum pensionable earnings for each of the two preceding years except that for any such year prior to 1966, the year’s maximum pensionable earnings for that year is deemed to be five thousand dollars.
7(2)The amount of any immediate pension to which a contributor may become entitled under this Act is an amount equal to the sum of
(a) in respect of each year or part thereof of pensionable service to the credit of the contributor occurring prior to September 1, 1966, two per cent of the average salary, and
(b) in respect of each year or part thereof of pensionable service to the credit of the contributor occurring after August 31, 1966,
(i) one and three-tenths per cent of the average salary or the average maximum salary, whichever is the lesser, and
(ii) two per cent of the portion of the average salary, if any, that is greater than the average maximum salary.
7(3)Notwithstanding subsection (2), where a contributor is entitled to an immediate pension under this Act but is not eligible for an unadjusted retirement pension under the Canada Pension plan solely because he has not attained the age at which such a benefit becomes payable, his pension under this Act is to be calculated in accordance with paragraph (2)(a) for all years of service both before and after the coming into force of this Act until such time as he attains the age at which he would have been eligible for an unadjusted retirement pension under the Canada Pension plan at which time all provisions of subsection (2) apply.
7(3.1)Notwithstanding subsection (2), the total amount of the immediate pension payable in any year to a contributor out of the Superannuation Account, in respect of pensionable service after December 31, 1991, shall not exceed, in respect of each year or part of a year of that pensionable service to the credit of the contributor, an amount equal to $1,722.22 as established by the Income Tax Act (Canada) and the regulations under that Act, or such other amount that is established in its stead as the defined benefit limit under that Act and the regulations under that Act for the calendar year in which the immediate pension commences.
7(3.2)Notwithstanding any other provision of this Act, the total amount of the immediate pension payable in any year to a contributor out of the Superannuation Account in respect of any period of non-contributory service before January 1, 1990 that is described under subparagraph 4(1)(b)(ii) and that the contributor becomes, on or after January 1, 1992, authorized to count as pensionable service in accordance with that subparagraph, shall not exceed, in respect of each year or part of a year of that period of pensionable service to the credit of the contributor, an amount equal to $1,150 as established by the Income Tax Act (Canada) and the regulations under that Act, or two-thirds of such other amount that is established in its stead as the defined benefit limit under that Act and the regulations under that Act for the calendar year in which the immediate pension commences.
7(3.3)Notwithstanding subsections (3.1) and (3.2), any amount payable under subsection (2) in excess of the amount permitted under subsections (3.1) and (3.2) shall be paid out of the Consolidated Fund.
7(4)Repealed: 1994, c.89, s.5
7(5)Repealed: 1994, c.89, s.5
7(6)Repealed: 1983, c.71, s.4
1966, c.23, s.8; 1975, c.49, s.4; 1976, c.50, s.3; 1983, c.71, s.4; 1987, c.47, s.3; 1991, c.45, s.5; 1994, c.89, s.5
Calculation of minimum pension or allowance
7.1(1)Where a contributor is in receipt of an immediate pension or an annual allowance, the minimum amount payable, including any adjustments under section 8, shall not be less than three thousand dollars annually, if the total period of pensionable service is thirty-five or more years, and if the total period of pensionable service is less than thirty-five years, the minimum amount payable, including any adjustments under section 8, expressed in annual terms, shall be calculated by multiplying three thousand dollars by the ratio that the period of pensionable service bears to thirty-five.
7.1(2)Where a person is entitled to or is receiving a surviving spouse’s pension, children’s pension or a pension under section 13, the amount of such pension shall be calculated in accordance with the immediate pension or annual allowance referred to in section 11, 12 or 13, as the case may be, or in accordance with the immediate pension or annual allowance calculated under subsection (1), whichever is the greater.
1978, c.44, s.1; 1982, c.3, s.61
Definitions
8(1)In this section
“Consumer Price Index” means the Consumer Price Index for Canada published under the authority of the Statistics Act (Canada);(indice de prix de consommation)
“pension index” means(indice de pension)
(a) for the year 1972, the average of the Consumer Price Index for the twelve month period ending June 30, 1971, and
(b) for each year following 1972, 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.
Adjustment of pension payable before 1 January 1946
8(2)Where a pension is paid under this Act to a person who was receiving the pension before January 1, 1946, the amount of that pension expressed in annual terms shall, subject to subsection (4), 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 1971 bears to the Consumer Price Index for the year 1945.
Adjustment of pension payable before 1 January 1971
8(3)Where a pension is paid under this Act to a person who was receiving the pension after and not before January 1, 1946, but before January 1, 1971, the amount of that pension expressed in annual terms shall, subject to subsection (4), 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 1971 bears to the Consumer Price Index for the year in which the pension was first received.
Adjustment dates of pension
8(4)Any increase in the amount of a pension adjusted under subsection (2) or (3) shall be effective on the following dates:
(a) fifty per cent of the increase effective April 1, 1972;
(b) the remaining fifty per cent of the increase effective April 1, 1973;
and for the purpose of subsection (6), the amount of a pension paid under this Act to which this subsection applies is the amount of the pension calculated in accordance with the increase provided in paragraphs (a) and (b).
Adjustment of pension paid in 1971
8(5)Where a pension is paid under this Act to a person who first received the pension in the year 1971, the amount of that pension expressed in annual terms shall, as of April 1, 1972, be increased by one per cent.
Annual adjustment of pension
8(6)The amount of any pension paid under this Act, after being adjusted in accordance with subsection (2), (3) or (5), shall be adjusted as of the first day of each year, beginning January 1, 1975, 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.
Annual adjustment of pension
8(6.1)Notwithstanding subsection (6), the first adjustment under that subsection shall be the amount determined by multiplying the increase, if any, that would otherwise be payable under subsection (6) 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.
Annual adjustment of pension
8(6.2)Notwithstanding subsections (6) and (6.1), where a contributor ceases to be employed in the Public Service or dies on or after May 1, 1995, the amount of any annual allowance or pension paid under this Act shall be adjusted as of the first day of each year, beginning January 1, 1996, by multiplying the amount of the annual allowance or 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.
Annual adjustment of pension
8(6.3)Notwithstanding subsection (6.2), the first adjustment under that subsection shall be the amount determined by multiplying the increase, if any, that would otherwise be payable under subsection (6.2) 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.
Annual adjustment of pension
8(6.4)Subsections (6.2) and (6.3) do not apply to
(a) a contributor who reached the age of sixty years and was still employed in the Public Service before May 1, 1995, and
(b) a contributor who was approved, before May 1, 1995, for an annual allowance under section 10.4 or for an early retirement program.
Repealed
8(7)Repealed: 1977, c.43, s.3
1972, c.57, s.5; 1973, c.68, s.1; 1975, c.49, s.5; 1977, c.43, s.3; 1982, c.3, s.61; 1983, c.71, s.5; 1996, c.67, s.3
Adjustment of pension payable as of 31 December 1982
8.1(1)Subject to subsection (4), the first ten thousand dollars of pension under this Act expressed in annual terms as of December 31, 1982, 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 January 1, 1983, by multiplying that amount by the percentage that is equal to the difference between
(a) the percentage adjustment that represents eighty per cent of the compounded ratio that the pension index for the year 1982 bears to the pension index for the year 1973, or for the year in which a pension was first received where the pension was first received after 1973, and
(b) the compounded percentage increase with respect to the same period pursuant to subsection 8(6).
8.1(2)“Pension index” has the same meaning in this section as it has in section 8.
8.1(3)Subsection 8(6) continues to apply after the adjustment made pursuant to subsection (1).
8.1(4)This section applies to pensions being received under this Act immediately prior to January 1, 1983, and still being received on January 1, 1983.
1982, c.53, s.1
Return of contributions
9(1)Any contributor who has to his credit less than five years of pensionable service is entitled, upon ceasing to be employed in the Public Service, to a return of contributions with interest.
9(2)Upon the death of a contributor who had to his credit less than five years of pensionable service, a return of contributions, with interest, is to be paid to his surviving spouse, or if there is no surviving spouse or he cannot be found to the contributor’s children, or if there are no children or they cannot be found to his estate.
9(3)If two persons claim to be the surviving spouse of a contributor 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 contributor at the time of the contributor’s death, that spouse is entitled to the return of contributions under subsection (2), if otherwise eligible and subject to subsection 19.1(3), unless there is a valid written agreement between the contributor and that spouse, or a court order or judgment, that bars that spouse’s claim.
9(4)Subsection (3) applies in relation to the academic employees of the University of New Brunswick, as defined in subsection 26.1(1), who have to their credit pensionable service under this Act before January 1, 1993, and to the University of New Brunswick in respect of such academic employees.
1966, c.23, s.9; 1972, c.57, s.6; 1974, c.41(Supp.), s.4; 1991, c.27, s.35; 1998, c.35, s.4; 1999, c.14, s.4
Pension respecting five or more years of pensionable service
10(1)The following provisions are applicable in respect of any contributor who has to his credit five or more years of pensionable service, namely:
(a) if he ceases to be employed in the Public Service, having reached the age of sixty-five years he is entitled to an immediate pension;
(b) if he ceases to be employed in the Public Service by reason of having become disabled and not having reached the age of sixty-five years he is entitled to
(i) an immediate pension, or
(ii) a return of contributions with interest at his option, except that if he fails to advise the Minister of his option within one year of ceasing to be employed, he is deemed to have chosen an immediate pension;
(c) if he ceases to be employed in the Public Service, not having reached sixty-five years of age for any reason other than disability or death, he is entitled to
(i) a return of contributions with interest, or
(ii) in the case of a contributor sixty or more years of age, an annual allowance payable immediately, which allowance is to be the actuarial equivalent of the immediate pension that would have been payable had the contributor been entitled to the immediate pension calculated in accordance with subsection 7(3) when he actually ceased to be employed,
at his option, except that if he fails to advise the Minister of his option within one year of ceasing to be employed, he is deemed to have chosen a return of contributions with interest;
(d) a contributor who terminated his employment or whose employment was terminated before he attained retirement age, and upon complying with conditions contained in the regulations, may elect to receive
(i) an annual allowance or an immediate pension payable when he attains retirement age or makes the election, whichever occurs later, or
(ii) a return of contributions with interest,
at his option, except that if he fails to advise the Minister of his election within one year of the termination of his employment, he is deemed to have chosen a return of contributions with interest;
(e) a contributor who elects to receive a deferred pension and subsequently becomes disabled not having reached retirement age, is eligible to receive an immediate pension calculated in accordance with paragraph (d);
(f) if he elects to receive a deferred pension, that pension shall, until time of payment, be adjusted in accordance with subsections 8(6), (6.1), (6.2) and (6.3) and section 8.1 commencing the first day of the year following the year in which he ceased to be employed;
(g) if he elects to receive a deferred pension and subsequently becomes a contributor, the election is void.
Pension respecting five or more years of pensionable service
10(1.1)The Minister may extend the time for an election under paragraph (1)(c) or (d) if the contributor submits a satisfactory reason as to his failure to make his election within the time prescribed.
When immediate pension payable
10(2)Notwithstanding subsection (1), a person who immediately prior to September 1, 1966, was a contributor under the Superannuation Act or the Teachers’ Act, may retire with an immediate pension if he has attained the age of sixty years and has to his credit a period of pensionable service of at least thirty years before attaining the age of sixty-five years.
When immediate pension payable
10(2.1)For the purposes of subsection (2), a contributor who has purchased service under clause 4(1)(b)(ii)(A), (B) or (C.1) which occurred immediately prior to September 1, 1966 shall be deemed to be a person who immediately prior to September 1, 1966 was a contributor under the Superannuation Act.
Election to receive deferred pension
10(3)Notwithstanding subsection (1), a person who immediately prior to September 1, 1966 was a contributor under the Superannuation Act or the Teachers’ Act and who has elected to receive a deferred pension, shall be entitled to an immediate pension upon attaining the age of sixty years if he has to his credit a period of pensionable service of at least thirty years.
Payment of immediate pension to deputy head
10(4)Notwithstanding subsections (1) and (2), a person who has served as a deputy head for not less than one year may retire with an immediate pension if he has attained the age of fifty-five years or more and has to his credit a period of pensionable service of at least twenty-five years.
Repealed
10(5)Repealed: 1987, c.47, s.4
1966, c.23, s.10; 1969, c.66, s.3; 1971, c.58, s.3, 4; 1972, c.57, s.7, 8; 1973, c.68, s.2; 1975, c.49, s.6; 1976, c.50, s.4; 1977, c.43, s.4; 1982, c.53, s.2; 1983, c.71, s.6; 1984, c.58, s.4; 1987, c.47, s.4; 1996, c.67, s.4
Provision respecting five or more years of pensionable service
10.1Notwithstanding paragraph 10(1)(a), a contributor who has to his or her credit five or more years of pensionable service is entitled to an immediate pension, if the contributor ceases to be employed in the Public Service having reached the age of sixty years.
1991, c.45, s.6
Application of paragraph 10(1)(b)
10.2Paragraph 10(1)(b) does not apply after the commencement of this section.
1991, c.45, s.6
Application of section 10.2
10.3Nothing in section 10.2 affects a disability pension that is being paid when that section comes into force, or the right of a person who is disabled when that section comes into force to receive a disability pension.
1991, c.45, s.6
Provision respecting five or more years of pensionable service
10.4Notwithstanding paragraph 10(1)(c), a contributor who has to his or her credit five or more years of pensionable service and who, not having reached the age of sixty years, ceases to be employed in the Public Service for any reason other than death is entitled to
(a) a return of contributions with interest, or
(b) in the case of a contributor fifty-five or more years of age, an annual allowance payable immediately, which allowance is to be the actuarial equivalent of the immediate pension that would have been payable had the contributor been entitled to the immediate pension calculated in accordance with subsection 7(3) when the contributor actually ceased to be employed,
at the contributor’s option, except that if the contributor fails to advise the Minister of the option within one year of ceasing to be employed, the contributor is deemed to have chosen a return of contributions with interest.
1991, c.45, s.6
Provision respecting five or more years of pensionable service
10.41(1)Notwithstanding paragraph 10(1)(c) and section 10.4, a contributor who has to his or her credit five or more years of pensionable service and who, not having reached the age of sixty years, ceases to be employed in the Public Service on or after May 1, 1995, for any reason other than death, is entitled to
(a) a return of contributions with interest, or
(b) in the case of a contributor fifty-five or more years of age, an annual allowance payable immediately, which allowance shall be determined by reducing the immediate pension that would have been payable if the contributor had been entitled to the immediate pension calculated in accordance with subsection 7(3) when the contributor actually ceased to be employed, by three-twelfths per cent for each calendar month from the calendar month following the calendar month in which the contributor actually ceased to be employed to and including the calendar month before the calendar month in which the contributor would reach the age of sixty years,
at the contributor’s option, except that if the contributor fails to advise the Minister of his or her election within one year after ceasing to be employed, the contributor is deemed to have chosen a return of contributions with interest.
10.41(2)This section does not apply to a contributor who was approved, before May 1, 1995, for an annual allowance under section 10.4 or for an early retirement program.
1996, c.67, s.5
Provision respecting five or more years of pensionable service
10.5Notwithstanding paragraph 10(1)(d), a contributor who ceases to be employed in the Public Service before reaching retirement age, and upon complying with conditions contained in the regulations, may elect to receive
(a) a return of contributions with interest, or
(b) an annual allowance upon attaining fifty-five years of age or an immediate pension upon attaining sixty years of age, payable when the age is reached or the election is made, whichever occurs later,
at the contributor’s option, except that if the contributor fails to advise the Minister of the election within one year of ceasing to be employed the contributor is deemed to have chosen a return of contributions with interest.
1991, c.45, s.6
Provision respecting five or more years of pensionable service
10.6Notwithstanding paragraph 10(1)(e), a contributor who elects after the commencement of this section to receive a deferred pension is not eligible to receive an immediate pension upon becoming disabled.
1991, c.45, s.6
Application of paragraph 10(1)(e)
10.7Paragraph 10(1)(e) applies only to contributors who elected before the commencement of this section to receive a deferred pension.
1991, c.45, s.6
Extension of time for election under section 10.4, 10.41 or 10.5
10.8The Minister may extend the time for an election under section 10.4, 10.41 or 10.5 if the contributor submits a satisfactory reason as to the failure to make an election within the time prescribed.
1991, c.45, s.6; 1996, c.67, s.6
Commencement of payment of immediate pension
10.9Notwithstanding any other provision of this Act, a contributor shall not continue to contribute to the Superannuation Account or accumulate pensionable service after the last day of the year in which the contributor reaches the age of seventy-one, and any benefit to which the contributor is entitled under this Act shall commence to be paid no later than that day.
1994, c.89, s.6
Calculation of surviving spouse’s pension
11(1)Subject to this section, upon the death of a contributor who had to his credit five or more years pensionable service, his surviving spouse is entitled to a surviving spouse’s pension equal to,
(a) where the contributor was in receipt of an immediate pension pursuant to the Superannuation Act or section 10 or 10.1 of this Act, one-half his pension;
(b) where the contributor was in receipt of an annual allowance pursuant to this Act, one-half of the immediate pension that would have been payable if the contributor had been entitled to receive an immediate pension when the contributor commenced receipt of the annual allowance;
(c) where the contributor was employed in the Public Service at the time of the contributor’s death, one-half of the immediate pension that would have been payable if the contributor had been entitled to receive an immediate pension at the time of the contributor’s death; or
(d) where the contributor had elected to receive a deferred pension but had not yet attained retirement age, one-half of the immediate pension that would have been payable if the contributor had been entitled to receive an immediate pension at the time of the contributor’s death.
Calculation of surviving spouse’s pension
11(2)Where reference is made in subsection (1) to the surviving spouse’s pension being one-half the contributor’s immediate pension, that immediate pension is to be calculated in accordance with subsection 7(2) if the surviving spouse is eligible as a surviving spouse for a pension under the Canada Pension Plan, and in accordance with paragraph 7(2)(a) for all years of service if he is not eligible as a surviving spouse for a pension under the Canada Pension Plan.
Calculation of surviving spouse’s pension
11(3)Where a surviving spouse is in receipt of a surviving spouse’s pension under this Act and, as a surviving spouse, of a pension under the Canada Pension Plan and the sum of these two pensions is less than one-half the pension that would have been payable had it been calculated in accordance with paragraph 7(2)(a) for all years of service, the Minister shall on application to him in writing by the surviving spouse, grant an additional allowance equal to the difference.
Calculation of surviving spouse’s pension
11(4)Where an additional allowance is granted pursuant to subsection (3), it is to be reduced by the amount of any subsequent increase in that surviving spouse’s pension under the Canada Pension Plan.
Effect of death
11(5)Where, pursuant to this section, the surviving spouse of a contributor is entitled to a surviving spouse’s pension, payment of the pension ceases in the event of his death.
Repealed
11(6)Repealed: 1977, c.43, s.5
Ineligibility for surviving spouse’s pension
11(7)Where a contributor dies within one year after the date of his marriage, no surviving spouse’s pension is payable to his surviving spouse if the Minister is not satisfied that the contributor was at the time of the date of his marriage in such a condition of health as to justify him in having an expectation of surviving for at least one year thereafter.
Application of subsection 11(7) in relation to the University of New Brunswick and its academic employees
11(7.1)Subsection (7), as amended on the commencement of this subsection, applies in relation to the academic employees of the University of New Brunswick, as defined in subsection 26.1(1), who have to their credit pensionable service under this Act before January 1, 1993, and to the University of New Brunswick in respect of such academic employees.
Entitlement
11(8)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 contributor at the time of the contributor’s death, that spouse is entitled to the surviving spouse’s pension, if otherwise eligible and subject to subsection 19.1(3), unless there is a valid written agreement between the contributor and that spouse, or a court order or judgment, that bars that spouse’s claim.
Application of subsection 11(8) in relation to the University of New Brunswick and its academic employees
11(9)Subsection (8) applies in relation to the academic employees of the University of New Brunswick, as defined in subsection 26.1(1), who have to their credit pensionable service under this Act before January 1, 1993, and to the University of New Brunswick in respect of such academic employees.
1966, c.23, s.11; 1971, c.58, s.5; 1972, c.57, s.9; 1974, c.41(Supp.), s.5; 1977, c.43, s.5; 1991, c.45, s.7; 1998, c.35, s.4; 1999, c.14, s.5
When children’s pension paid
12(1)Where a contributor who had to his credit five or more years pensionable service dies without leaving a surviving spouse or where a surviving spouse’s pension ceases pursuant to subsection 11(5), a children’s pension equal to the surviving spouse’s pension that was being paid or could have been paid pursuant to section 11 is to be paid in equal shares to the children of the contributor who are under eighteen years of age.
When children’s pension paid
12(2)Notwithstanding subsection (1), the Lieutenant-Governor in Council may grant a children’s pension to or on behalf of a child eighteen or more years of age who is disabled.
To whom children’s pension paid
12(3)Where a children’s pension is payable under this section, it is to be paid to the person having custody and control of the child and where there is no such person, it is to be paid to the child himself or to such other person as the Minister directs.
1966, c.23, s.12; 1972, c.57, s.10; 1974, c.41(Supp.), s.6
Special pension to dependant of contributor
13Where a contributor who had to his credit five or more years pensionable service dies without leaving a surviving spouse or children or where a surviving spouse’s or children’s pension is no longer payable under this Act, the Lieutenant-Governor in Council may grant to a person, who, being a member of the contributor’s family, was at the time of the death of the contributor wholly or partly dependent upon his earnings, a pension in an amount not exceeding the amount of the surviving spouse’s pension that was being paid or could have been paid pursuant to section 11.
1966, c.23, s.13; 1972, c.57, s.11; 1974, c.41(Supp.), s.7
Return of contributions to estate
14Where, upon the death of a contributor employed in the Public Service who had to his credit five or more years pensionable service, there is no person to whom a pension may be paid, an amount equal to a return of contributions and interest is to be paid to his estate.
1966, c.23, s.14; 1972, c.57, s.12
Disability pensioner
15(1)Where it appears to the Minister that any contributor under sixty years of age who is in receipt of a disability pension is engaged in substantially gainful employment or has recovered, the Minister may direct that the contributor be offered employment in the Public Service.
Acceptance of employment by disability pensioner
15(2)Where the contributor accepts an offer of employment pursuant to subsection (1), his entitlement to a disability pension is to be suspended effective the date he is appointed, for the duration of such re-employment and if he is eligible, or would be eligible except for the provisions of subsection 3(2) to become a contributor under this Act, the period of re-employment is to be additional pensionable service for the purposes of this Act.
Refusal of employment by disability pensioner
15(3)Where the contributor does not accept an offer of employment made pursuant to subsection (1), the Minister may direct that the disability pension payable to that contributor cease although it may be reinstated if at some future date the contributor again becomes disabled or when he attains the age at which he could retire with an immediate pension, whichever is earlier.
Duty of disability pensioner to furnish information
15(4)A contributor in receipt of a disability pension shall supply such information as the Minister requires and upon any failure to supply such information the Minister may direct that the disability pension payable to that contributor cease.
1966, c.23, s.15; 1991, c.45, s.8
Suspension of annual allowance or immediate pension
16Where a contributor in receipt of an immediate pension or an annual allowance under this Act, the Superannuation Act, the Teachers’ Act or the Teachers’ Pension Act becomes employed in full time employment in the Public Service, his entitlement to such immediate pension or annual allowance is to be suspended effective the date of his appointment and if he becomes a contributor under this Act, the period of such re-employment is to be additional pensionable service for the purposes of this Act.
1966, c.23, s.16; 1983, c.71, s.7
Inability of pensioner to manage own affairs
17Where, for any reason, a recipient is unable to manage his own affairs, the Minister may designate a proper person to receive payment on behalf of the recipient of any amount that is payable to the recipient under this Act.
1966, c.23, s.17
Definitions
18(1)In this section and in section 28, “Public Service Corporation” means any board, commission, corporation, educational institution, office or position specified by regulation.(corporation des services publics)
Payment by Public Service Corporation
18(2)Every Public Service Corporation shall pay into the Superannuation Account employer contributions in accordance with the regulations.
1966, c.23, s.18; 1973, c.68, s.3; 1976, c.50, s.5
Non-assignability and freedom from legal process of account
19The interest of any person in the Superannuation Account and his entitlement to any benefit under this Act is not subject to garnishment, attachment, seizure or any legal process, except in respect of a charge of failure to account for public money, and any such interest or benefit is not assignable.
1966, c.23, s.19
Division of benefits on marriage breakdown
19.1(1)Notwithstanding section 19 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 contributor, or a former contributor, 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.
19.1(2)The portion of the benefit to which a spouse of a contributor, or of a former contributor, is entitled to under a decree, order or judgment referred to in subsection (1) shall be dealt with in accordance with the regulations.
19.1(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 contributor, or the former contributor,
(b) to a surviving spouse’s pension with respect to the contributor, or the former contributor, or any other benefit or amount payable to the spouse under this Act by virtue of being the spouse of the contributor, or the former contributor, or
(c) in relation to the pension trust fund under this Act,
and the benefit of the contributor, or of the former contributor, shall be revalued in accordance with the regulations.
19.1(4)Notwithstanding section 19 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 contributor, or a former contributor, 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.
19.1(5)Subsections (2) and (3) apply with the necessary modifications to a division of a benefit under subsection (4).
19.1(6)A division of benefits under this section shall not result in a reduction of the commuted value of the benefit of a contributor, or of a former contributor, by more than fifty per cent.
19.1(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.
19.1(8)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 pension trust fund under this Act.
19.1(9)This section applies in relation to the academic employees of the University of New Brunswick, as defined in subsection 26.1(1), who have to their credit pensionable service under this Act before January 1, 1993, and to the University of New Brunswick in respect of such academic employees.
1997, c.56, s.4; 1998, c.35, s.4; 1999, c.14, s.6
Definitions
20(1)In this section “approved employer” means(employeur agréé)
(a) the Government of Canada including any Crown Corporation or agency thereof,
(b) the Government of a Province or Territory of Canada,
(c) the Council of Maritime Premiers,
(c.1) The New Brunswick Association of Nursing Homes Incorporated - L’Association des foyers de secours du Nouveau-Brunswick Incorporée,
(d) the governing body of a city, town, village or rural community, the employees of which contribute to a pension or superannuation plan under the Municipalities Act, or any Act relating to the city, town, village or rural community,
(e) any authority that operates a hospital facility, educational facility or electric power distribution system the employees of which contribute to a pension or superannuation plan or contribute to a corporation, board or commission that operates a pension plan for a group of employees in a province or territory of Canada,
(f) the board of trustees of a pension or superannuation plan that is operated for employees of the Government of Canada, including any Crown Corporation or agency of that Government, or for employees of the Government of a Province or Territory of Canada, or
(g) an employee association or union that represents employees of the Government of the Province of New Brunswick.
Agreement with public service employer
20(2)The Minister, with the approval of the Lieutenant-Governor in Council, may enter into a reciprocal agreement with any approved employer which operates a superannuation or pension fund or plan for its employees, whereby, in consideration of the agreement of that approved employer to pay into the Superannuation Account an amount determined in accordance with the provisions of the reciprocal agreement in respect of any employee of that approved employer who becomes or has become employed in the Public Service, the Minister shall pay or arrange to be paid from the Superannuation Account to that employer for the purpose of any superannuation or pension fund or plan established for the benefit of employees of that approved employer, an amount similarly determined in accordance with the provisions of the reciprocal agreement in respect of any person employed in the Public Service who ceases to be employed in the Public Service to become employed by the approved employer.
Agreement with public service employer
20(3)The terms and provisions of an agreement entered into under subsection (2) have the same effect as if incorporated in this Act.
Agreement with public service employer
20(4)Notwithstanding subsection (2), the Minister may also enter into a reciprocal agreement with any approved employer that does not require transfer of funds if, in the opinion of the Minister, such an alternate form of reciprocal agreement adequately protects the pension rights of transferring employees and results in an equitable allocation of the cost of pension benefits of transferring employees between the Province and the approved employer.
Agreement with public service employer
20(5)The provisions of any reciprocal agreement entered into by the Minister under this section shall include
(a) the basis of determination of the amount, if any, to be paid by the Minister to the approved employer or to the Minister by the approved employer;
(b) Repealed: 1987, c.47, s.5
(c) the conditions, if any, under which an employee may make supplementary contributions in order to receive full credit for his prior pensionable service;
(d) the disposition of contributions made by a transferring employee prior to his date of transfer;
(e) the conditions under which the said reciprocal transfer agreement may be amended, suspended, replaced or terminated; and
(f) any other provisions relevant to the intent of the agreement or necessary for the effective administration of the agreement.
Agreement with public service employer
20(6)Where the person employed in the Public Service ceases to be employed in the Public Service to become employed by any approved employer with whom the Minister has entered into a reciprocal agreement, the Minister may pay or arrange to be paid to that approved employer, out of the Superannuation Account, in accordance with the provisions of the agreement, all or any part of the required contributions made to the Superannuation Account by the person employed in the Public Service in accordance with section 3, such amount representing employer contributions as the Minister determines, and such amount representing interest as the Minister determines, but no such payment or payments shall be made except with the written consent of the person employed by the Public Service.
Agreement with public service employer
20(7)No person employed by the Public Service shall be subject to the provisions of any reciprocal agreement that does not require a transfer of funds, except with his written consent.
Agreement with public service employer
20(8)Where a person ceases to be employed with an approved employer with whom the Minister has entered into a reciprocal agreement to become employed in the Public Service, the Minister may receive and pay into the Superannuation Account such amount as is paid by the approved employer in accordance with the provisions of the reciprocal agreement.
Repealed
20(9)Repealed: 1975, c.49, s.7
1966, c.23, s.20; 1974, c.41(Supp.), s.8; 1975, c.49, s.7; 1976, c.50, s.6; 1978, c.44, s.2; 1987, c.6, s.91; 1987, c.47, s.5; 1992, c.52, s.27; 2004, c.34, s.2; 2005, c.7, s.69
Transfer of teacher to Université de Moncton
21(1)The Minister may, in respect of a person employed in the public service at Teachers’ College, École Normale or the New Brunswick Institute of Technology who ceases to be employed in the public service to become employed by the Université de Moncton as a result of the transfer of the Province’s teacher training function to the Université de Moncton, pay to the pension plan established by the Université de Moncton
(a) an amount equal to the amount of the superannuation contributions made by that person under this Act together with interest, and
(b) an additional amount of employer’s contribution equal to the amount payable under paragraph (a).
21(2)No payment shall be made in respect of any person mentioned in subsection (1)
(a) if the person has received or has elected to receive a refund of his contributions under this Act,
(b) if the person has elected to receive a deferred pension under this Act, or
(c) if the person does not join the Université de Moncton on the effective date of the transfer, except where on educational leave approved by the Minister of Education.
21(3)No payment shall be made in respect of a person mentioned in subsection (1) unless a request for payment is made within six months after the date the person becomes employed by the Université de Moncton.
21(4)The making of a request under subsection (3) is irrevocable, and upon the granting of the request the person ceases to be entitled to any benefit under this Act.
21(5)Any person mentioned in subsection (1) who subsequently is re-employed in the public service may elect, in accordance with this Act, to count the period of pensionable service in respect of which payment was made pursuant to subsection (1), if he pays to the Minister, within a period prescribed by the Minister, an amount equal to the payment made pursuant to that subsection together with interest from the date of the payment by the Minister.
1972, c.57, s.13; 1996, c.67, s.7
Transfer of teacher to Université de Moncton
22Notwithstanding the provisions of section 21, a contributor who ceases to be employed in the Public Service at Teachers’ College, École Normale or the New Brunswick Institute of Technology to become employed by the Université de Moncton as a result of the transfer of the Province’s teacher training function to the Université de Moncton, may elect to continue as a contributor under the provisions of this Act.
1972, c.57, s.13
Appointment of Pension Board
23(1)The Lieutenant-Governor in Council may appoint a Pension Board to assist the Minister in matters arising in connection with the administration of this Act.
Composition of board
23(2)The Board consists of the Director of Pensions as Chairman and not more than eight members appointed by the Lieutenant-Governor in Council, on the recommendation of the Minister, for terms not exceeding three years.
Remuneration of board
23(3)The Lieutenant-Governor in Council may authorize per diem allowances and travelling expenses for members of the Board other than employees in the Public Service.
Powers and duties of board
23(4)The powers and duties of the Pension Board are to be determined by regulation.
1966, c.23, s.21; 1987, c.48, s.1
Annual report
24Each year the Minister shall lay before the Legislative Assembly a report on the administration of this Act during the preceding fiscal year, including a statement showing the amounts paid into and out of the Superannuation Account during that year, the number of contributors and the number of persons receiving benefits under this Act.
1966, c.23, s.22
Grant of pension under Superannuation Act
25(1)Any person to whom any superannuation allowance, reduced superannuation allowance or pension has been granted under the Superannuation Act, or to whom such an allowance could have been granted under that Act, for the purposes of this Act is deemed to have become entitled to that allowance or pension under this Act.
Definitions
25(2)Notwithstanding anything in this Act where a contributor who retires within three years of the coming into force of this Act is entitled to an immediate pension, paragraph 7(1)(a) is to be read as “average salary” means the average salary received or deemed to have been received by the contributor during the period of three consecutive years of pensionable service during which his annual salary was highest.(traitement moyen)
1966, c.23, s.23
Definitions
26(1)In this section
“bona fide pension plan” means any pension plan established for employees to which contributions were made, on a regular basis, by the employees and the employer principally for the purpose of providing a pension to the employees upon retirement;(régime de pensions véritable)
“employee” means a person who was a full time employee of a municipality immediately prior to becoming employed in the Public Service;(employé)
“municipality” means a city, town, village, rural community, local improvement district or county;(municipalité)
“transferred employee” means an employee who became employed in the Public Service immediately upon ceasing to be employed by the municipality because his function, which was the responsibility of the municipality, became the responsibility of the Province.(employé muté)
Election of transferred municipal employee
26(2)A transferred employee who was, immediately prior to becoming employed in the Public Service, contributing to a bona fide pension plan,
(a) notwithstanding paragraph 3(1)(b), may become a contributor under this Act provided he agrees to make an election under paragraph (b) and, notwithstanding the five year requirement in sections 10 to 14, is entitled to a benefit under those sections; and
(b) may elect, within four years of becoming a contributor under this Act, to add his pensionable service with the bona fide pension plan to his pensionable service credit under this Act if he surrenders any benefit to which he might be entitled under that plan and pays in respect of that service an amount equal to the return of contributions he is eligible to receive from that plan.
1966, c.23, s.24; 1969, c.66, s.4; 1972, c.57, s.14; 2005, c.7, s.69
Application of this Act in relation to the University of New Brunswick and its employees
26.1(1)In this section
“academic employees of the University of New Brunswick” means the employees of the University of New Brunswick
(a) who are included in the bargaining unit known as the Association of University of New Brunswick Teachers, or
(b) who, although excluded from the bargaining unit referred to in paragraph (a), hold academic rank;
“support staff employees of the University of New Brunswick” means the employees of the University of New Brunswick other than the academic employees of the University of New Brunswick.
26.1(2)Notwithstanding section 10 of An Act to Amend the Public Service Superannuation Act, chapter 45 of the Acts of New Brunswick, 1991, the provisions of this Act, as enacted or amended by the provisions of sections 1 to 9 of that amending Act other than those referred to in subsection 12(2) of that amending Act, apply, on and after September 1, 1992,
(a) in relation to the support staff employees of the University of New Brunswick, and
(b) in relation to the University of New Brunswick in respect of the support staff employees referred to in paragraph (a).
26.1(3)Notwithstanding section 10 of An Act to Amend the Public Service Superannuation Act, chapter 45 of the Acts of New Brunswick, 1991, the provisions of this Act, as they will be enacted or amended by the provisions referred to in subsection 12(2) of that amending Act on the commencement of those provisions, apply, on and after the commencement of those provisions,
(a) in relation to the support staff employees of the University of New Brunswick, and
(b) in relation to the University of New Brunswick in respect of the support staff employees referred to in paragraph (a).
26.1(4)Notwithstanding any other provision of this Act or the regulations, no academic employee of the University of New Brunswick is required, on or after January 1, 1993, to contribute to the Superannuation Account under this Act.
26.1(5)Notwithstanding any other provision of this Act or the regulations except subsections (6) and (7) and except as otherwise provided in those subsections, no period of service with the University of New Brunswick by an academic employee of the University of New Brunswick on or after January 1, 1993 shall be counted by or in respect of the academic employee as pensionable service for the purposes of this Act.
26.1(6)Where a person has to his or her credit a period of pensionable service under this Act before January 1, 1993 and any subsequent period of service with the University of New Brunswick as an academic employee of the University of New Brunswick on or after January 1, 1993, the subsequent period of service with the University of New Brunswick shall be included in any calculation for the purpose of determining whether, at any given time, the person has a sufficient period of pensionable service to his or her credit to qualify for benefits under this Act but, except as otherwise provided in subsection (7), shall not be included in any calculation for the purpose of determining the amount of any benefits payable under this Act.
26.1(7)Where a person has to his or her credit a period of pensionable service under this Act before January 1, 1993 and any subsequent period of service with the University of New Brunswick as an academic employee of the University of New Brunswick on or after January 1, 1993, both periods of service shall be taken into consideration to determine the period of five successive years of pensionable service during which his or her salary was highest for the purposes of the definition “average salary” in paragraph 7(1)(a).
26.1(8)Notwithstanding any other provision of this Act or the regulations, the University of New Brunswick is not required, on or after January 1, 1993, to pay employer contributions under subsection 18(2) in relation to the academic employees of the University of New Brunswick for any period after January 1, 1993.
26.1(9)No provision of this Act enacted, and no amendment to this Act made, on or after January 1, 1993, applies in relation to the academic employees of the University of New Brunswick or the University of New Brunswick in respect of the academic employees unless the provision enacted, or amendment made, expressly provides that it applies in relation to the academic employees or to the University of New Brunswick in respect of the academic employees.
1992, c.86, s.1
Continuation and administration of Superannuation Account
27(1)The Superannuation Account in the Consolidated Fund established by subsection 11(5) of the Superannuation Act is hereby continued.
27(2)All contributions made to the Superannuation Account pursuant to this Act shall be paid into a pension trust fund.
27(3)The New Brunswick Investment Management Corporation shall be the trustee of the pension trust fund and the pension trust fund shall be held in trust by the New Brunswick Investment Management Corporation.
27(4)All pension payments and refunds shall be a charge upon and payable out of the pension trust fund.
27(4.1)Expenses prescribed by regulation that relate to the administration of this Act and to the management and investment of money in the pension trust fund are a charge upon and payable out of the pension trust fund.
27(5)All interest arising from the pension trust fund shall be paid into and form part of the pension trust fund.
27(6)In the case of employees who receive salaries out of the Consolidated Fund, the Minister of Finance shall, at the request of the Board of Management, pay out of the Consolidated Fund into the pension trust fund the amount, determined by an actuarial valuation approved by the Chairman of the Board of Management, that is necessary, in addition to the contributions paid by the employees, to cover current service cost.
27(6.1)In the case of employees of a Public Service Corporation as defined in section 18 and in the case of employees who have elected to continue as a contributor under section 22, the treasurer or the person whose duty it is to pay the employees shall pay into the pension trust fund the amount, determined by an actuarial valuation approved by the Chairman of the Board of Management, that is necessary, in addition to the contributions paid by the employees, to cover current service cost.
27(6.2)In each fiscal year, until such time as the benefits under this Act are fully funded, as determined by an actuarial valuation approved by the Chairman of the Board of Management, the Minister of Finance shall, at the request of the Board of Management, pay out of the Consolidated Fund into the pension trust fund an additional amount which in the fiscal year 1991-1992 shall be twenty-three million dollars and which in each subsequent fiscal year shall be the amount paid under this subsection in the previous fiscal year increased or decreased by the percentage that is equal to the aggregate of two per cent and the percentage that the average of the Consumer Price Index for the twelve-month period ending June 30 in the previous fiscal year increased or decreased over the average of the Consumer Price Index for the previous twelve-month period.
27(6.3)In subsection (6.2) “Consumer Price Index” means the Consumer Price Index for Canada published under the authority of the Statistics Act (Canada).
27(6.4)In each fiscal year, until such time as the benefits under this Act are fully funded, as determined by an actuarial valuation approved by the Chairman of the Board of Management, each Public Service Corporation as defined in section 18 and in the case of those employees who have elected to continue as a contributor under section 22, the treasurer or person whose duty it is to pay the employees, shall pay into the pension trust fund an additional amount determined in accordance with the regulations.
27(6.5)The Lieutenant-Governor in Council may make regulations respecting the amounts to be paid into the pension trust fund under subsection (6.4).
27(7)Repealed: 1994, c.N-6.01, s.29
27(8)If at any time the pension trust fund is insufficient to make all payments required by this Act to be made, the Minister of Finance shall, at the request of the Board of Management, pay out of the Consolidated Fund into the pension trust fund an amount sufficient to enable such payments to be made.
1966, c.23, s.25; 1976, c.50, s.7; 1978, c.44, s.3; 1983, c.71, s.8; 1984, c.58, s.5; 1987, c.6, s.91; 1991, c.45, s.9; 1994, c.N-6.01, s.29
Regulations
28The Lieutenant-Governor in Council may make regulations
(a) specifying a list of boards, commissions, corporations, educational institutions or portions of the public service for the purpose of defining “Public Service”;
(a.1) with respect to an addition to the list referred to in paragraph (a), prescribing the terms and conditions upon which prior service with any such board, commission, corporation, educational institution or portion of the public service is to be counted as pensionable service under this Act, and with respect to a deletion from the list referred to in paragraph (a) prescribing the terms and conditions under which any existing liability for past service is to be recognized;
(b) determining, where there may be doubt, where an employee has been granted leave of absence without pay, or where an employee loses salary as a result of a strike, the amount that is deemed for the purposes of this Act to be the salary of an employee;
(b.1) determining pensionable service where an employee loses salary as a result of a strike;
(c) determining, in case of doubt, the date on which a contributor ceased to be employed;
(d) determining the amount and method of any employer contribution to the Superannuation Account and any interest credit that may be allowed on the balance in the Account;
(e) prescribing the rate and manner of calculating interest;
(f) prescribing the circumstances under which and the terms and conditions upon which an election under this Act may be revoked by an elector, either wholly or partially;
(g) specifying a list of agencies for the purposes of the definition “deputy head”;
(g.1) respecting the determination of the commuted value of a benefit for the purposes of section 19.1;
(g.2) respecting the circumstances and manner in which the portion of the benefit to which a spouse of a contributor, or of a former contributor, is entitled under section 19.1, 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;
(g.3) respecting the revaluation of benefits under section 19.1;
(g.4) respecting any other matter relating to a benefit to be divided on marriage breakdown;
(g.5) defining any word or expression used but not defined in section 19.1;
(h) 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;
(h.1) specifying legislation for the purposes of clause 4(1)(b)(ii)(A.3);
(i) prescribing the terms and conditions under which active military service may be counted as pensionable service, and for defining “armed forces” and “active military service”;
(i.1) prescribing for the purposes of subsection 27(4.1) expenses which are a charge upon and payable out of the pension trust fund;
(i.2) Repealed: 1992, c.70, s.3
(j) generally for carrying out the purposes and provisions of this Act but not in such a way as to provide for any benefits or penalties that are not consistent with the intent of this Act.
1966, c.23, s.26; 1971, c.58, s.6; 1972, c.57, s.15; 1975, c.49, s.8; 1976, c.50, s.8; 1983, c.71, s.9; 1992, c.70, s.1, 3; 1994, c.89, s.8; 1996, c.67, s.8; 1997, c.56, s.4; 1998, c.35, s.4
Retroactivity
28.1(1)Regulations made under paragraphs 28(a) and (a.1) may be retroactive in their operation to any date before or after the commencement of this subsection specified in the regulations.
28.1(1.1)Regulations made under paragraphs 28(g.1) to (g.5) may be retroactive in their operation to January 1, 1997, or to any date after January 1, 1997.
28.1(1.2)Regulations made under paragraph 28(h) may be made retroactive.
28.1(2)Regulations made under paragraph 28(h.1) may be retroactive in their operation to November 30, 1994 or to any date after November 30, 1994.
1994, c.89, s.9; 1997, c.56, s.4; 1998, c.35, s.4; 1999, c.14, s.7
Application of regulations in relation to the University of New Brunswick and its academic employees
28.2(1)Regulations made under paragraphs 28(g.1) to (g.5) apply in relation to the academic employees of the University of New Brunswick, as defined in subsection 26.1(1), who have to their credit pensionable service under this Act before January 1, 1993, and to the University of New Brunswick in respect of such academic employees.
28.2(2)Regulations made under paragraph 28(h) in respect of spousal status apply in relation to the academic employees of the University of New Brunswick, as defined in subsection 26.1(1), who have to their credit pensionable service under this Act before January 1, 1993, and to the University of New Brunswick in respect of such academic employees.
1999, c.14, s.8
Repealed
29Repealed: 1992, c.70, s.3
1992, c.70, s.2, 3
Schedule A; Repealed: 1975, c.49, s.9
1966, c.23, Sch.; 1969, c.17, s.13; 69-68; 71-105; 72-140; 73-27; 73-40; 1974, c.41(Supp.), s.9
Schedule B; Repealed: 1975, c.49, s.9
1972, c.57, s.16; 1974, c.41(Supp.), s.9
N.B. This Act is consolidated to June 22, 2006.