Acts and Regulations

84-106 - General

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Revoked on 1 July 2014
NEW BRUNSWICK
REGULATION 84-106
under the
Teachers’ Pension Act
(O. C. 84-389)
Filed May 18, 1984
Under section 27 of the Teachers’ Pension Act, the Lieutenant-Governor in Council makes the following Regulation:
Repealed: 2014, c.61, s.26
1This Regulation may be cited as the General Regulation - Teachers’ Pension Act.
2In this Regulation
“Act” means the Teachers’ Pension Act.(loi)
2.1The following positions in the Department of Education and Early Childhood Development are prescribed for the purposes of paragraph (a.2) of the definition “teacher” in subsection 1(1) of the Act:
(a) assistant deputy minister for educational services;
(b) coordinator for educational services;
(c) consultant for educational services;
(d) director of curriculum development;
(e) assistant director of curriculum development;
(f) director of evaluation;
(g) assistant director for educational liaison - information system;
(h) superintendent of a school district;
(i) director of education of a school district; and
(j) district supervisor of instruction, where the person who holds the position carries out the same duties and functions as those carried out by a person who held the position formerly known as a district education supervisor.
2000-14; 2010, c.31, s.123
3For the purposes of paragraph 6(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 Minister.
85-9
4(1)Effective January 1, 1977, the interest payable on the return of amounts paid into the Teachers’ Pension Fund shall be at the rate of four percent per year, compounded half-yearly.
4(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.
4(3)Notwithstanding subsection (2), where an election is made under the Act on or before the thirty-first 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.
5For the purposes of clause 4(1)(b)(ii)(B) of the Act, contribution rates in effect at the time of an election shall not be subject to any reduction with respect to Canada Pension Plan contributions as to service rendered prior to September 1, 1966.
6(1)Pursuant to subsection 18(2) of the Act, a person in receipt of an immediate pension or annual allowance may be engaged as a teacher on a supply basis during the following periods without suspension of such immediate pension or annual allowance:
(a) eighty full teaching days in any school year; and
(b) such additional period as shall be approved by the Deputy Minister of Education and Early Childhood Development.
6(2)Subsection (1) does not apply to a teacher receiving an immediate pension under paragraph 12(1)(b) of the Act.
2010, c.31, s.123
7(1)Where 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.
7(2)The amount required to be paid into the Teachers’ Pension Fund pursuant to subsection 26(5) of the Act, shall be paid during the month following the month in which the employees’ contributions were deducted.
8(1)For the purposes of clause 4(1)(b)(ii)(C.2) 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;(service militaire actif)
“armed forces” means the Merchant Marine, Naval, Army and Air Forces of Canada or any allies.(forces armées)
8(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 Teachers’ Pension Act or the pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions.
8(3)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 other evidence as the Minister may require.
8(4)A person who was not a contributor during the school year ending June 30, 1978, and who subsequently becomes a contributor, shall be required to elect to purchase active military service within one year of becoming a contributor, and if an election is made, an amount shall be paid based on the salary in effect at the time of becoming a contributor and the contribution rate in effect at the time of making the election, together with interest calculated in accordance with subsection 4(2) of this Regulation from date of becoming a contributor to the date of election.
2013, c.44, s.47
8.1Where a person elects under paragraph 12(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.
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9For the purposes of subsection 26(2.1) of the Act, expenses which are a charge upon and payable out of the Teachers’ Pension 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 Teachers’ Pension Fund.
86-58; 87-79
10Regulation 70-109 under the Teacher’s Pension Act is repealed.
N.B. This Regulation is consolidated to July 1, 2014.