Acts and Regulations

84-105 - General

Full text
Revoked on 1 January 2014
NEW BRUNSWICK
REGULATION 84-105
under the
Public Service Superannuation Act
(O. C. 84-388)
Filed May 18, 1984
Under section 28 of the Public Service Superannuation Act, the Lieutenant-Governor in Council makes the following Regulation:
Repealed: 2013, c.44, s.3
1This Regulation may be cited as the General Regulation - Public Service Superannuation Act.
2In this Regulation
“Act” means the Public Service Superannuation Act.
3Repealed: 2004, c.34, s.4
2004, c.34, s.4
4For the purposes of paragraph 5(1)(d) of the Act, an election made under the Act may not be revoked in whole or in part unless the reasons for the revocation have been approved by the Chairman of the Board of Management.
85-21
5(1)Effective January 1, 1977, the interest payable on the return of contributions paid into the Superannuation Account shall be at the rate of four percent per year, compounded half-yearly.
5(2)Effective January 1, 1977, where an election is made under the Act to count a period of service as pensionable service, the interest on any amount that is required to be paid shall be at the rate of six percent per year compounded half-yearly.
5(3)Notwithstanding subsection (2), where an election is made under the Act on or before the 31st day of December, 1976, to count a period of service as pensionable service, interest on any amount that is required to be paid shall continue to be at the rate of three percent per year simple.
5(4)Notwithstanding subsections (2) and (3), where an election is made under clause 4(1)(b)(ii)(D) of the Act in respect of a period of service as provided under clause 4(1)(b)(ii)(C) of the Act, interest shall be charged from the date of first becoming a contributor to the date of election.
5(5)The rate of interest on contributions made under subparagraph 4(1)(a)(vi) of the Act is 6% per year compounded half-yearly.
2004-128
6(1)A transferred employee who became employed in the Public Service prior to July 2, 1967, shall be deemed to have been a contributor under the Superannuation Act immediately prior to the coming into force of the Public Service Superannuation Act (1966) if that person was a contributor under a bona fide pension plan prior to September 1, 1966 and continued to be a contributor up to the time of employment in the Public Service provided that the requirements of subsection 26(2) of the Act are satisfied.
6(2)Terms and phrases defined in subsection 26(1) of the Act shall be given the same interpretation when used in this section.
7(1)For the purposes of clause 4(1)(b)(ii)(C) of the Act
“active military service” means full-time service in the Armed Forces of Canada or any allies during World War II anytime between September 10, 1939 and September 30, 1947, and during the Korean Campaign anytime between June 30, 1950 and January 1, 1954;
“armed forces” means the Merchant Marine, Naval, Army and Air Forces of Canada or any allies.
7(2)A contributor shall not be eligible to count a period of active military service if previous credit has been received for that service under the Public Service Superannuation Act (1966).
7(3)A person who becomes a contributor on or after September 1, 1972, and who elects within the time prescribed by this Regulation to count a period of active military service, shall pay an amount based on the salary in effect at the time of first becoming a contributor as well as the contribution rate in effect at the time of making the election, together with interest from the date of becoming a contributor to the date of election.
7(4)A contributor shall be required to elect to purchase the active military service within one year of becoming a contributor under the Act.
7(5)A contributor who elects to purchase for pension purposes a period of active military service shall be required to submit to the Minister evidence of that service in the form of a Certificate of Discharge or copy of it or a statement setting forth the period of service issued by the Department of Veterans’ Affairs, or other evidence as the Minister may require.
8(1)An election to receive a deferred pension shall be void if the person making the election later becomes a contributor or if that person later submits reasons satisfactory to the Minister of a wish to cancel or change the election.
8(2)A contributor who has elected to receive a deferred pension shall be required to notify the Minister when the pension is to commence at the time the qualifying age is reached.
8(3)A disability pension payable to a person who has elected to receive a deferred pension shall commence on the first of the month that the written application is received.
8.1Where a person elects under paragraph 10(1)(e) of the Act to receive an immediate pension, that pension is payable as of the first day of the month in which that person’s election is forwarded to the Minister.
85-21
9Where a contributor loses salary as a result of
(a) any period of absence due to the contributor being on strike,
(b) any period of absence due to the contributor refusing to work due to a strike, or
(c) any period of absence due to the contributor being unable or not required to work due to a strike,
that period of time shall not be pensionable service for purposes of the Act.
10The amount required to be paid into the pension trust fund pursuant to subsection 27(6) of the Act, shall be paid during the month following the month in which the employees’ contributions were deducted.
11For the purposes of subsection 27(4.1) of the Act, expenses which are a charge upon and payable out of the pension trust fund are the costs incurred with respect to
(a) personal services,
(b) materials and supplies,
(c) property and equipment, and
(d) other services,
that relate to the administration of the Act and the management and investment of money in the pension trust fund.
86-57; 87-77
12(1)Schedule A contains a list of any board, commission, corporation, educational institution or portion of the public service for the purposes of the definition “Public Service” in subsection 1(1) of the Act and the definition “Public Service Corporation” in sections 18 and 28 of the Act.
12(2)Schedule B contains a list of any agency for the purposes of the definition “deputy head” in subsection 1(1) of the Act.
2007-32
12.1Legislation for the purposes of clause 4(1)(b)(ii)(A.3) of the Act is specified in Schedule C.
96-91
13Regulation 69-68 under the Public Service Superannuation Act is repealed.
SCHEDULE A
Advisory Council on the Status of Women with respect to its chairperson
Advisory Council on the Status of Women with respect to persons who are employed or engaged in full-time employment by the Council in accordance with section 10 of the Advisory Council on the Status of Women Act
All those regional health authorities, other corporations and educational institutions listed in Part III of the First Schedule of the Public Service Labour Relations Act, but only with respect to those employees who
(a) before September 1, 1992 were members of the Pension Plan for Management Employees of New Brunswick Hospitals, or
(b) on or after September 1, 1992
(i) are covered by the Non-Bargaining Pay Plan, Part III, as established by Board of Management,
(ii) are covered by the Medical Pay Plan as established by Board of Management, or
(iii) are excluded from a bargaining unit under the Public Service Labour Relations Act because of managerial responsibilities, but does not include any employee excluded under the Public Service Labour Relations Act for reasons of confidentiality
subject to the following terms and conditions:
No employee may count as pensionable service for the purposes of the Act any service before April 1, 1971, except for service counted previously under the Pension Plan for Management Employees of New Brunswick Hospitals.
Board of Commissioners of Public Utilities
Centracare Saint John, but only with respect to employees who, before April 1, 1993, were employed by Centracare Saint John Inc. and who, before October 1, 1993, have not elected to become contributors under a pension plan for a hospital corporation listed in Part III of the First Schedule of the Public Service Labour Relations Act.
Chairman of each Regional Assessment Review Board and the full-time employees of such Boards
Collège communautaire du Nouveau-Brunswick (CCNB)
Conseil Communautaire Beausoleil Inc. subject to the following terms and conditions:
An employee may count as pensionable service any period of continuous full time employment immediately before July 1, 1987 if, within one year after that date, an election is made to pay in respect of that period of service, an amount equal to the amount the employee would have been required to contribute if the employee had been a contributor during that period, together with interest.
Conseil Communautaire Samuel de Champlain Inc. subject to the following terms and conditions:
An employee may count as pensionable service any period of continuous full time employment immediately before July 1, 1987 if, within one year after that date, an election is made to pay in respect of that period of service, an amount equal to the amount the employee would have been required to contribute if the employee had been a contributor during that period, together with interest.
Elections New Brunswick
Employees of the New Brunswick Bicentennial Commission subject to the following terms and conditions:
An employee may count as pensionable service any period of continuous full time employment immediately prior to February 1, 1982 if, within one year of that date, an election is made to pay in respect of that period of service, an amount equal to the amount the employee would have been required to contribute had the employee, during that period, been a contributor, together with interest.
Energy Efficiency and Conservation Agency of New Brunswick
Financial and Consumer Services Commission, but only with respect to its Chair and persons who are employed or engaged in full-time employment by the Commission in accordance with section 18 of the Financial and Consumer Services Commission Act
Job Protection Unit
King’s Landing Corporation
Le Centre communautaire Sainte-Anne
Maritime Forestry Complex Corporation, but only with respect to persons who are employed in full time employment by the Corporation in accordance with section 6 of the Maritime Forestry Complex Corporation Act, subject to the following terms and conditions:
An employee of the Corporation may count as pensionable service any period of continuous full time employment immediately before September 22, 1986 if an election is made to pay, in respect of that period of service, an amount equal to the amount the employee would have been required to contribute if the employee had been a contributor during that period but based on the salary and contribution rate in effect at the date of election.
Maritime Forest Ranger School. Service with the School from June 1978 shall be counted as pensionable service.
New Brunswick Advisory Council on Seniors, but only with respect to persons who are employed or engaged in full-time employment by the Council in accordance with section 13 of the New Brunswick Advisory Council on Seniors Act.
New Brunswick Community College (NBCC)
New Brunswick Energy Marketing Corporation
New Brunswick Hospital Association, but only with respect to employees who
(a) before September 1, 1992 were members of the Pension Plan for Management Employees of New Brunswick Hospitals, or
(b) on or after September 1, 1992, hold the position of Executive Director or are full-time employees who, in the opinion of Board of Management, hold a position comparable or equivalent to any position covered by the Non-Bargaining Pay Plan, Part III, established by Board of Management
subject to the following terms and conditions:
No employee may count as pensionable service for the purposes of the Act any service before April 1, 1971, except for service counted previously under the Pension Plan for Management Employees of New Brunswick Hospitals.
New Brunswick Housing Corporation
New Brunswick Industrial Relations Council
New Brunswick Industrial Safety Council
New Brunswick Information Service
New Brunswick Insurance Board, but only with respect to the Chairperson, Vice-chairperson and persons who are employed or engaged in full-time employment by the Board
New Brunswick Liquor Corporation
New Brunswick Museum
New Brunswick Police Commission, except members referred to in subsection 18(7) of the Police Act. Service with the New Brunswick Police Commission since April 1, 1978, shall be counted as pensionable service.
New Brunswick Power Corporation
New Brunswick Research and Productivity Council
Office of the Clerk of the Legislative Assembly
Office of Government Reform
Office of the Ombudsman
Office of the Provincial Director of Legal Aid
Premier’s Council on the Status of Disabled Persons, but only with respect to persons who are employed or engaged in full-time employment by the Council in accordance with section 9 of the Premier’s Council on the Status of Disabled Persons Act
Public Service Labour Relations Board
Regional Development Corporation
Regional Laboratories in Fredericton, Moncton, Saint John, Bathurst, Edmundston and Campbellton, but only with respect to employees who, prior to July 1, 1980, were employed within the Department of Health and who have, by December 31, 1980, not elected to become contributors under a pension plan of a hospital listed in Part III of the First Schedule of the Public Service Labour Relations Act.
Restigouche Hospital Center, but only with respect to employees who, before April 1, 1993, were employed by Restigouche Hospital Center Inc. and who, before October 1, 1993, have not elected to become contributors under a pension plan for a hospital corporation listed in Part III of the First Schedule of the Public Service Labour Relations Act.
Secretary to the Leader of the Opposition
Special Heritage Projects
University of New Brunswick
Workplace Health, Safety and Compensation Commission
85-8; 86-116; 87-40; 87-78; 91-10; 1992, c.18, s.8; 92-153; 93-24; 93-96; 93-190; 96-66; 96-91; 1997, c.49, s.23; 1998, c.7, s.10; 99-63; 2000, c.51, s.10; 2002, c.1, s.20; 2003, c.E-4.6, s.174; 2003, c.N-3.03, s.17; 2003, c.N-3.06, s.17; 2004-64; 2004-109; 2004-128; 2005-22; 2006-17; 2009-164; 2010-87; 2012-65; 2012-74; 2013, c.7, s.165; 2013, c.31, s.32
SCHEDULE B
Board of Commissioners of Public Utilities
Collège communautaire du Nouveau-Brunswick (CCNB)
Elections New Brunswick
Energy Efficiency and Conservation Agency of New Brunswick
Financial and Consumer Services Commission
Invest New Brunswick
New Brunswick Community College (NBCC)
New Brunswick Housing Corporation
New Brunswick Insurance Board
New Brunswick Internal Services Agency
New Brunswick Power Corporation
New Brunswick Research and Productivity Council
Office of the Auditor General
Office of the Child and Youth Advocate
Office of the Clerk of the Legislative Assembly
Office of the Consumer Advocate for Insurance for New Brunswick
Regional Development Corporation
Service New Brunswick
Workplace Health, Safety and Compensation Commission
91-10; 92-153; 99-63; 2000, c.51, s.10; 2004-64; 2005-21; 2005-22; 2005-136; 2006-17; 2006-78; 2007-32; 2010-71; 2010-73; 2010-87; 2011-41; 2012-65; 2013, c.31, s.32
SCHEDULE C
1Alberta:
(a) Local Authorities Pension Act and any superseding legislation
(b) Public Service Management Pension Act and any superseding legislation
(c) Public Service Pension Act and any superseding legislation
(d) Universities Academic Pension Act and any superseding legislation
2British Columbia:
(a) Public Service Superannuation Act and any superseding legislation
3Manitoba:
(a) The Civil Service Superannuation Act and any superseding legislation
(b) The Teachers’ Pension Act and any superseding legislation
4Newfoundland:
(a) Memorial University (Pensions) Act and any superseding legislation
(b) Public Service (Pensions) Act and any superseding legislation
5Nova Scotia:
(a) Public Service Superannuation Act and any superseding legislation
6Ontario:
(a) Ministry of Colleges and Universities Act and any superseding legislation
(b) Public Service Superannuation Act and any superseding legislation
(c) Regulation 165/73 under the Power Corporation Act and any superseding regulations
7Prince Edward Island:
(a) Civil Service Superannuation Act and any superseding legislation
(b) Teachers’ Pension Act and any superseding legislation
8Quebec:
(a) An Act Respecting the Government and Public Employees Retirement Plan and any superseding legislation
9Saskatchewan:
(a) Power Corporation Superannuation Act and any superseding legislation
(b) Public Service Superannuation Act and any superseding legislation
(c) Superannuation (Supplementary Provisions) Act and any superseding legislation
96-91
N.B. This Regulation is consolidated to January 1, 2014.