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Chapter	Title
84-106	General
85-153	Pension Board
98-5	Division of Benefits on Marriage Breakdown

“annual allowance” means an allowance described in subparagraph 12(1)(c)(ii), (iii), (iv) or (v);(allocation annuelle)

“benefit” means any immediate pension, annual allowance, surviving spouse’s pension, surviving common-law partner’s pension, children’s pension or other dependant’s pension and includes a return of contributions with or without interest;(prestation)

“Canada Pension Plan” means the pension plan provided by the Canada Pension Plan Act, chapter C-5 of the Revised Statutes of Canada, 1970 and any regulations under that Act;(Régime de pensions du Canada)

“casual employee” means a person who is engaged and employed, other than under written contract, for a period of less than one school term;(employé temporaire)

“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 14;(pension d’enfants)

“common-law partner” means(conjoint de fait)

(a) in the case of the death of a contributor

(i) if the contributor did not make an election under subsection 13(4.1), a person who, not being married to the contributor, was cohabiting in a conjugal relationship with the contributor at the time of the contributor’s death and was cohabiting in a conjugal relationship with the contributor for a continuous period of at least 2 years immediately before the contributor’s death; or

(ii) if the contributor made an election under subsection 13(4.1), a person who, not being married to the contributor, was cohabiting in a conjugal relationship with the contributor on the date that payments of the contributor’s reduced immediate pension, annual allowance or deferred pension began and at the time of the contributor’s death and was cohabiting in a conjugal relationship with the contributor for a continuous period of at least 2 years immediately before the date that payments of the contributor’s reduced immediate pension, annual allowance or deferred pension began; or

(b) in the case of a division of a benefit under section 22.01, a person who, not being married to a contributor or former contributor, was cohabiting in a conjugal relationship with the contributor for a continuous period of at least 2 years immediately before the date of the breakdown of their common-law partnership;

“common-law partnership” means the relationship between a contributor and his or her common-law partner;(union de fait)

“contributor” means a person required by subsection 3(1) to contribute to the Teachers’ Pension Fund, and unless the context otherwise requires, a person, who, having ceased to be required to contribute to the Teachers’ Pension Fund, continues to be employed as a teacher or has retired or has elected to receive a deferred pension;(cotisant)

“deferred pension” means an annual allowance or immediate pension described in paragraph 12(1)(d);(pension différée)

“deputy head” means deputy head as defined in the Civil Service Act and includes the chief executive officer or head of a board, commission, corporation, agency or educational institution whose employees are members of the pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions;(administrateur général)

“disability pension” means a pension described in paragraph 12(1)(b);(pension d’invalidité)

“disabled” means, in relation to a contributor, suffering from a physical or mental impairment that prevents the contributor from engaging in any employment for which the contributor is reasonably suited by virtue of the contributor’s education, training or experience and that can reasonably be expected to last for the remainder of the contributor’s lifetime;(invalide)

“full time employment” means employment on other than a casual or part time basis as defined in this section;(emploi à plein temps)

“immediate pension” means a pension described in section 9;(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 and includes any person designated by the Minister to act on the Minister’s behalf;(Ministre)

“parochial school” means a school operated before January 1, 1967 by an ecclesiastical parish or religious order(école paroissiale)

(a) which provided courses to school age children that were equivalent to the public school curriculum, and

(b) whose students became part of the public school system before or during 1967;

“part time employment” means employment, other than under written contract, in substitution for a teacher;(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 departments, boards, commissions, corporations, agencies and educational institutions whose employees are members of the pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions;(services publics)

“return of contributions” means a return of the amount paid by the contributor into the Teachers’ Pension Fund or any amount paid by him or her into any other account or fund and transferred to the Teachers’ Pension Fund, with or without interest;(remboursement des cotisations)

“salary” means the compensation received by a teacher for the performance of the regular duties of a position or office and, where applicable, includes such amounts of compensation as are prescribed amounts under subsection 147.1(1) of the Income Tax Act (Canada) related to disability and eligible periods of reduced pay and temporary absences and, subject to the regulations, where a contributor receives only a portion of his or her salary for a period, he or she is deemed, for the purpose of calculating his or her pension contributions, to have received the full salary for that period;(traitement)

“school term” means a period commencing July 1 and ending December 31 of the same year or a period commencing January 1 and ending June 30 of the same year;(semestre scolaire)

“spouse” Repealed: 2008, c.45, s.37

“Superannuation Act” means the Public Service Superannuation Act, Chapter 185, Revised Statutes, 1952;(loi sur la pension de retraite)

“surviving common-law partner’s pension” means a pension described in section 13;(pension de conjoint de fait survivant)

“surviving spouse’s pension” means a pension described in section 13;(pension de conjoint survivant)

“teacher” means a person holding a teacher’s licence who(enseignant)

(a) is employed in full time employment

(i) as a teacher in the public or vocational schools of the Province,

(ii) as a teacher in the Interprovincial School for the Education of the Deaf at Amherst in the Province of Nova Scotia and the Sir Frederick Fraser School for the Blind at Halifax in the Province of Nova Scotia, if such teacher elects to be exempt from the Teachers’ Pension Act, chapter 301 of the Revised Statutes of Nova Scotia, 1967,

(iii) by a board of school trustees in work that requires the person to hold a teacher’s licence,

(iv) Repealed: 1987, c.58, s.1

(iv.1) as executive secretary of the New Brunswick School Trustees Association,

(iv.2) as executive secretary of l’Association des conseillers scolaires francophones du Nouveau-Brunswick,

(v) as an employee of the New Brunswick Teachers’ Federation, the New Brunswick Teachers’ Association or l’Association des enseignants francophones du Nouveau-Brunswick, or

(vi) by a Society to teach classes under the Auxiliary Classes Act and who elects to become a contributor under this Act,

(a.1) is a person who was a contributor under this Act immediately before becoming a deputy head as long as that person retains the position of deputy head and is rendering service for and receiving remuneration from a participating employer in accordance with subparagraph 8503(3)(a)(i) of the Income Tax Regulations under the Income Tax Act (Canada);

(a.2) is a person who was a teacher employed under Part II of the public service of the Province as specified in the First Schedule of the Public Service Labour Relations Act immediately before becoming employed with the Department of Education and Early Childhood Development in a position prescribed by regulation, if such person became employed with the Department on or after March 1, 1996;

(b) is a person in any other full time employment where he or she was a contributor under the Teachers’ Act immediately prior to September 1, 1966 as long as he or she remains in that full time employment, or

(c) becomes employed by the University of New Brunswick as a result of an agreement entered into by the University of New Brunswick and the Minister of Education and Early Childhood Development for the purpose of implementing an undergraduate teacher education program;

“Teachers’ Act” means the Teachers’ Pension Act, Chapter 225, Revised Statutes, 1952;(loi des enseignants)

“teacher’s licence” means an authorization to teach issued by the Minister of Education and Early Childhood Development but does not include a local permit except a local permit issued by the Minister of Education on or before June 30, 1992, authorizing a person to teach kindergarten;(brevet d’enseignement)

“Teachers’ Pension Fund” means the fund established pursuant to section 14 of the Teachers Act and continued by section 26 of this Act;(caisse de retraite des enseignants)

“widow’s pension” Repealed: 1974, c.48(Supp.), s.1

“year” means a total of 195 teaching days.(année)

Determination of age

1(2)For the purposes of any provision of this Act in which reference is made to a person being, reaching or attaining a specified age or being under or over that age, that person shall be deemed to reach or have reached the specified age at the beginning of the calendar month following the calendar month in which he or she actually reached or will reach that age.

1966, c.29, s.2; 1969, c.73, s.1; 1970, c.48, s.1; 1972, c.67, s.1; 1974, c.48(Supp.), s.1; 1975, c.61, s.1; 1976, c.56, s.1; 1978, c.57, s.1; 1984, c.65, s.1; 1987, c.58, s.1; 1989, c.40, s.1; 1992, c.2, s.58; 1992, c.21, s.1; 1992, c.31, s.1; 1995, c.52, s.1; 1996, c.69, s.1; 1998, c.35, s.5; 1999, c.44, s.1; 1999, c.45, s.1; 2006, c.17, s.3; 2008, c.45, s.37; 2010, c.31, s.122; 2012, c.39, s.145; 2013, c.44, s.46

Status as a common-law partner

1.01To establish that he or she is a common-law partner, a person shall provide the Minister with a statutory declaration accompanied by proof acceptable to the Minister.

2008, c.45, s.37

Determination of date of marriage or common-law partnership

1.1(1)Subject to subsections (2) and (3), for the purposes of this Act and the regulations, the date of marriage of a contributor and his or her spouse is

(a) if they were married to each other, the date on which they were married,

(b) if they were parties to a voidable marriage, the date on which they were married, or

(c) if they were parties to a void marriage, the date on which they went through a form of marriage.

1.1(2)If, by reason of the operation of subsection (1), more than one date could be the date of marriage of 2 persons, the date of marriage of the 2 persons shall be deemed to be the earlier or earliest of those dates.

1.1(3)If a contributor was cohabiting in a conjugal relationship with his or her spouse immediately before their marriage, the date of marriage shall be deemed to be the date on which they commenced to cohabit in a conjugal relationship.

1.1(4)For the purposes of this Act and the regulations, the date of common-law partnership of a contributor and his or her common-law partner is the date on which they commenced to cohabit in a conjugal relationship.

1998, c.35, s.5; 2008, c.45, s.37

Deemed cohabitation where illness or mental or physical infirmity

1.2If a contributor and a person with whom the contributor was cohabiting in a conjugal relationship are no longer cohabiting by reason only of the illness or mental or physical infirmity of either of them, they shall be deemed to continue to be cohabiting in a conjugal relationship.

2008, c.45, s.37

Administration

2The Minister shall administer this Act and may designate persons to act on his or her behalf.

1966, c.29, s.3; 2008, c.45, s.37

Plan governor

2.1The Chairman of the Board of Management is the plan governor.

2006, c.17, s.3

Duty of teacher to contribute to Fund

3(1)Every teacher, other than

(a) a person under eighteen years of age who, immediately prior to September 1, 1966, was not a contributor under the Teachers’ Act,

(b) a person who, on the date he or she 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 or she attains sixty-five years of age,

(c) a person who, being forty years of age or over at the time he or she became a teacher, elected not to become a contributor under the Teachers’ Act, unless he or she elects within one year after September 1, 1966 to become a contributor under this Act,

(d) a casual employee, or

(e) a person employed in part time employment,

shall contribute to the Teachers’ Pension Fund

(f) five and eight-tenths per cent of his or her salary that does not exceed the “Year’s Maximum Pensionable Earnings” as defined under the Canada Pension Plan Act, and

(g) seven and one-half per cent of his or her salary that exceeds the “Year’s Maximum Pensionable Earnings” as defined under the Canada Pension Plan Act.

Duty of teacher to contribute to Fund

3(1.1)Notwithstanding subsection (1), a teacher who is required to contribute to the Teachers’ Pension Fund under subsection (1) shall contribute to the Teachers’ Pension Fund

(a) after August 31, 1992,

(i) six and three-tenths per cent of the portion of the teacher’s salary that does not exceed the “Year’s Maximum Pensionable Earnings” as defined under the Canada Pension Plan Act, and

(ii) eight per cent of the portion of the teacher’s salary that exceeds the “Year’s Maximum Pensionable Earnings” as defined under the Canada Pension Plan Act;

(b) after August 31, 1993,

(i) six and eight-tenths per cent of the portion of the teacher’s salary that does not exceed the “Year’s Maximum Pensionable Earnings” as defined under the Canada Pension Plan Act, and

(ii) eight and one-half per cent of the portion of the teacher’s salary that exceeds the “Year’s Maximum Pensionable Earnings” as defined under the Canada Pension Plan Act;

(c) after August 31, 1994,

(i) seven and three-tenths per cent of the portion of the teacher’s salary that does not exceed the “Year’s Maximum Pensionable Earnings” as defined under the Canada Pension Plan Act, and

(ii) nine per cent of the portion of the teacher’s salary that exceeds the “Year’s Maximum Pensionable Earnings” as defined under the Canada Pension Plan Act.

Repealed

3(2)Repealed: 1983, c.90, s.1

Teacher under Auxiliary Classes Act

3(3)A person who is employed as a teacher in full time employment by a Society to teach classes under the Auxiliary Classes Act may elect to become a contributor under this Act.

3(4)Where a teacher engaged under written contract to teach the full number of days in a school year becomes, during the five years before, or at any time after, the teacher attains retirement age, if the teacher intends to retire within five years, engaged under written contract to teach fewer than the full number of days in a school year, the teacher may, for the period remaining before the date specified by the teacher under paragraph (5)(a), elect to continue to contribute to the Teachers’ Pension Fund, on the same basis as if the teacher had continued to be engaged under written contract to teach the full number of days in a school year.

3(5)A teacher who elects to continue to contribute to the Teachers’ Pension Fund in accordance with subsection (4) shall

(a) at the time the teacher makes the election, specify the date on which the teacher intends to retire, and

(b) notwithstanding any other provision of this Act, for the period described in subsection (4),

(i) continue to contribute to the Teachers’ Pension Fund an amount based on the salary the teacher would have received had the teacher continued to be engaged under written contract to teach the full number of days in a school year, and

(ii) continue to accumulate pensionable service at the same rate as if the teacher had continued to be engaged under written contract to teach the full number of days in a school year.

1966, c.29, s.4; 1969, c.73, s.2; 1972, c.67, s.2; 1975, c.61, s.2; 1976, c.56, s.2; 1978, c.57, s.2; 1982, c.63, s.1; 1983, c.90, s.1; 1991, c.44, s.1; 1994, c.90, s.1; 2008, c.45, s.37

Maximum permissible contribution

3.1Notwithstanding subsections 3(1) and 3(1.1), a contributor shall not in any year contribute to the Teachers’ Pension Fund an amount in excess of the amount of the annual maximum permissible contributions to a registered pension plan as that amount is established under the Income Tax Act (Canada) and the regulations under that Act.

1996, c.69, 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 or she was required to contribute to the Teachers’ Pension Fund but in respect of which he or she has not at any time received a benefit,

(ii) Repealed: 1983, c.90, s.2

(iii) any additional pensionable service credit that was permitted under regulations made pursuant to the Teachers’ Act but only in respect of service occurring and acquired prior to September 1, 1966,

(iv) any period of active military service

(A) overseas with the Armed Forces of Canada or any of her allies during World War I,

(B) with the Armed Forces of Canada or any of her allies during World War II, or

(C) with the Armed Forces of the United Nations in the Korean Campaign between June 30, 1950 and July 27, 1953,

in the case of a person who was employed as a teacher or was granted a teacher’s licence during the school year immediately preceding the date of his or her enlistment in the Armed Forces, and

(v) any period of service as a teacher prior to the first day of January, 1922;

(b) elective service, comprising,

(i) in the case of a person who, immediately prior to September 1, 1966, was a contributor under the Teachers’ Act,

(A) any period of service for which he or she elected to pay under the Teachers’ Act, if he or she pays, within the time prescribed by the Minister, the amount that he or she would have been required to pay under the Teachers’ Act had that Act continued in force, and

(B) any period of service for which he or she might have elected under the provisions of the Teachers’ Act if, within four years after September 1, 1966, he or she elects to pay in respect of that period of service any amount that he or she would have been required to pay under the provisions of the Teachers’ Act in force immediately prior to September 1, 1966, had he or she so elected,

(ii) with reference to any contributor,

(A) with respect to service performed before 1992 and credited after 1991, any period of such service in respect of which he or she has received, from the same employer as his or her current employer or a predecessor employer of his or her current employer, any amount by way of a return of contributions or interest upon cessation of employment, if he or she elects to pay in respect of that period of service 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,

(A.1) with respect to service performed and credited after 1991, any period of such service in respect of which he or she has received any amount by way of a return of contributions or interest under this Act, the Teacher’s Act, the Superannuation Act or the pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions, if the period of such service is in accordance with subparagraph 8503(3)(a)(i) or (v) of the Income Tax Regulations under the Income Tax Act (Canada), and if he or she elects to pay in respect of that period of service 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,

(B) any period of service performed and credited after 1991, during which he or she was employed in full time employment as a teacher in a public school in any other province or territory of Canada or in Canadian Government Schools in Canada for children of military personnel or Indians, if the period of service is in accordance with subparagraph 8503(3)(a)(v) of the Income Tax Regulations under the Income Tax Act (Canada), and if he or she elects to pay in respect of that period of service an amount equal to twice 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,

(B.01) any period of service performed and credited after 1991 on a current service basis, to a maximum of three years, during which he or she was employed in full time employment as a teacher in any other country that is or was, at the time the service occurred, a member of the British Commonwealth of Nations or in Canadian Government Schools outside Canada for children of military personnel, or teaching in a foreign country under the Department of External Affairs or the Canadian International Development Agency, if the period of service is in accordance with subparagraph 8503(3)(a)(vii) of the Income Tax Regulations under the Income Tax Act (Canada), and if he or she elects to pay in respect of that period of service an amount equal to twice 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,

(B.1) any period of leave without pay granted by a Board of School Trustees and approved by the Minister of Education and Early Childhood Development during which the person was employed in full time employment as a teacher in public schools in any other jurisdiction with which the Province has a reciprocal teacher-exchange agreement if the person resumes employment as a teacher in the Province and if the person elects to pay in respect of that period of time an amount equal to the amount the person would have been required to pay had the person been a contributor during that period but based on the salary authorized to be paid to the person at the date of election and twice the contribution rates applicable at that date;

(C) any period of leave without pay in the case of a person who was granted leave of absence by a board of school trustees or vocational committee, to take advanced training at a university, college or school of education and who is or was in receipt of a grant from the Province of New Brunswick to assist him or her in meeting expenses of that training, if he or she resumes employment as a teacher at any time prior to or following completion of that training and if he or she elects to pay in respect of that period of leave without pay 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,

(C.1) any period of service after December 31, 1955, during which he or she was employed in full time employment as a teacher in this Province under a local permit if he or she elects to pay in respect of that period of service 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,

(C.2) 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,

(C.3) any period of leave without pay granted by the superintendent of a school district, or his or her designate, during which the person served, on or after December 20, 2001, in the reserve force of the Canadian Forces in Afghanistan or any other combat operation prescribed by regulation, if the person resumes active employment as a teacher and 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 and if the service is credited on a past service basis,

(D) any period of time, not exceeding one year, in the case of a person who discontinues teaching to take advanced training at a university, college or school of education in the course or courses approved by the Minister of Education and Early Childhood Development, or someone delegated by him or her, prior to enrolment in such course or courses, if he or she resumes employment as a teacher at any time prior to or following completion of that training and if he or she elects to pay in respect of that period of time 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,

(E) subject to the approval of the Minister, any periods of leave without pay to a maximum of two years in the case of a person who was granted a leave of absence of at least two consecutive weeks within one complete pay period by a Board of School Trustees, if he or she resumes active employment as a teacher and if he or she elects to pay in respect of that period of time 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,

(E.01) subject to the approval of the Minister, any period of leave without pay to a maximum of two years

(I) with respect to any period of leave before 1992 for which service is credited after 1991, in the case of a person who was in full-time employment as a teacher and was granted a leave of absence by a board of school trustees or the superintendent of a school district, if he or she resumes active employment as a teacher, 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 authorized to be paid to him or her at the date of election and the contribution rates applicable at that date, except that this subclause does not apply in respect of any service during that period of leave that has been credited to that person under this Act or under any other act of the Province or any other jurisdiction, and

(II) with respect to any period of leave after 1991 for which service is credited after 1991, in the case of a person who was in full-time employment as a teacher and was granted a leave of absence by a board of school trustees or the superintendent of a school district, if that period is in accordance with section 8507 of the Income Tax Regulations under the Income Tax Act (Canada), if he or she resumes active employment as a teacher, 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 authorized to be paid to him or her at the date of election and the contribution rates applicable at that date, except that this subclause does not apply in respect of any service during that period of leave that has been credited to that person under this Act or under any other act of the Province or any other jurisdiction,

(E.1) any period of service performed and credited after 1991, during which he or she served as a member of the Legislative Assembly, but in respect of which he or she is not entitled to a pension under the Members Superannuation Act or the Members’ Pension Act, if the period of service is in accordance with subparagraph 8503(3)(a)(v) of the Income Tax Regulations under the Income Tax Act (Canada), and if he or she elects to pay in respect of that period of service 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,

(E.2) any period of leave without pay,

(I) with respect to any period of leave before 1992 for which service is credited after 1991, in the case of a teacher who was granted maternity leave of at least two consecutive weeks within one complete pay period, to a maximum of one year in respect of any one pregnancy, if that teacher resumes employment as a teacher and elects to pay in respect of that period an amount equal to the amount she would have been required to pay had she been a contributor during that period, but based on the salary authorized to be paid to her at the date of election and the contribution rates applicable at that date,

(II) with respect to any period of leave after 1991 for which service is credited after 1991, in the case of a teacher who was granted maternity leave of at least two consecutive weeks within one complete pay period, to a maximum of one year in respect of any one pregnancy, if that period is in accordance with section 8507 of the Income Tax Regulations under the Income Tax Act (Canada), and if that teacher resumes employment as a teacher and elects to pay in respect of that period an amount equal to the amount she would have been required to pay had she been a contributor during that period but based on the salary authorized to be paid to her at the date of election and the contribution rates applicable at that date,

(III) with respect to any period of leave before 1992 for which service is credited after 1991, in the case of a teacher who was granted adoption leave of at least two consecutive weeks within one complete pay period, to a maximum of one year in respect of any one adoption, if that teacher resumes employment as a teacher and elects to pay in respect of that period 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, and

(IV) with respect to any period of leave after 1991 for which service is credited after 1991, in the case of a teacher who was granted adoption leave of at least two consecutive weeks within one complete pay period, to a maximum of one year in respect of any one adoption, if that period is in accordance with section 8507 of the Income Tax Regulations under the Income Tax Act (Canada), and if that teacher resumes employment as a teacher and elects to pay in respect of that period 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,

(E.3) any period of service before January 1, 1967 during which the contributor taught at a parochial school if the contributor

(I) became a contributor on or before September 1, 1967,

(II) was employed in full time employment as a teacher in this Province on December 31, 1991, and

(III) elects during the year 1992 to pay in respect of that period of service 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, and

(E.4) any period of service during which the person was employed as a substitute teacher, if the period of service is in accordance with the Income Tax Regulations under the Income Tax Act (Canada), if there is written documentation acceptable to the Minister to verify such service, and if he or she elects to pay in respect of that period of service 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 where the person has received credit for that period of service under this Act or under any other act of the Province or any other jurisdiction.

(F) Repealed: 1986, c.78, s.1

Calculation of pensionable service respecting part time teacher

4(2)Pensionable service of a teacher engaged by a Board of School Trustees under written contract to teach less than the full number of days in a school year shall be accumulated at a rate that is proportional to the fraction of total teaching time that his or her contract required him or her to teach.

Calculation of pensionable service respecting substitute teacher

4(3)Pensionable service under clause (1)(b)(ii)(E.4) shall be accumulated at a rate that is proportional to the fraction of total teaching time that the person would have performed if he or she had been employed in full time employment as a teacher during that period.

1966, c.29, s.5; 1969, c.73, s.3; 1971, c.69, s.1, 2, 3; 1972, c.67, s.3; 1975, c.61, s.3; 1977, c.53, s.1; 1978, c.57, s.3; 1983, c.90, s.2; 1986, c.78, s.1; 1992, c.21, s.2; 1992, c.31, s.2; 1999, c.44, s.2; 1999, c.45, s.2; 2000, c.36, s.1; 2006, c.21, s.1; 2008, c.45, s.37; 2009, c.20, s.1; 2010, c.31, s.122; 2013, c.44, s.46

Restrictions on purchase of pensionable service

4.1Notwithstanding any other provision of this 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 (Canada) and the regulations under that Act.

1996, c.69, s.3; 2009, c.20, s.2

Benefits and privileges of deputy head

5(1)Notwithstanding anything in this Act but subject to section 4.1, a deputy head who is a contributor under this Act is entitled to count, as pensionable service, elective service comprising any period of service for which the deputy head elects in accordance with subsection (2) to take leave without pay.

5(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 or her 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 or she so elects shall contribute for that period the amount that he or she would have been required to contribute if he or she were receiving the salary he or she was receiving at the date of the election, at the contribution rate in effect at that time.

5(3)Notwithstanding anything in this Act but subject to section 4.1, a person who has served as a deputy head for not less than one year may retire with an immediate pension if he or she has attained the age of fifty-five years or more and has to his or her credit a period of pensionable service of at least twenty-five years.

1972, c.67, s.4; 1984, c.65, s.2; 1999, c.44, s.3; 2009, c.20, s.3; 2013, c.44, s.46

Mode of election

6(1)Every election under this Act

(a) is to be made in writing and signed by the contributor while still employed as a teacher,

(b) is to be in the form prescribed by regulation,

(c) is to be forwarded to the Minister within the time prescribed by this Act, and

(d) is irrevocable except as provided by regulation.

When election void

6(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 Superannuation Act or the pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions,

(b) Repealed: 1986, c.78, s.2

(c) any period of service occurring after August 31, 1966 during which the person was under eighteen years of age.

Election respecting part of service

6(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.

Method of payment respecting election

6(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 or she has elected to pay shall be paid by him or her into the Teachers’ Pension Fund,

(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 interest.

Cessation of instalment payments

6(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 as a teacher before all the instalments have been paid, the unpaid instalments shall be reserved from any pension benefit payable to him or her under this Act, and in the event of his or her death the unpaid instalments are to be recovered from any pension payable under this Act to his or her surviving spouse, surviving common-law partner, children or other dependant, if the surviving spouse, surviving common-law partner, children or other dependant, as the case may be, desires the period of service represented by the unpaid instalments to be used in the computation of the pension.

1966, c.29, s.6; 1974, c.48(Supp.), s.2; 1986, c.78, s.2; 2008, c.45, s.37; 2013, c.44, s.46

Qualifications for immediate pension or annual allowance

7(1)A contributor who has acquired a period of pensionable service as provided under clause 4(1)(b)(ii)(B) or (B.01) is not entitled to an immediate pension or annual allowance unless he or she was a teacher under this Act or the Teachers’ Act for a period of ten years, five of which were rendered immediately prior to retirement.

7(2)Subsection (1) does not apply to a contributor who has accumulated at least twenty-five years of pensionable service to his or her credit resulting from teaching service actually rendered in the Province of New Brunswick.

1971, c.69, s.4; 1999, c.44, s.4; 2000, c.36, s.2; 2008, c.45, s.37

Manner of payment of pension

8(1)Where a pension becomes payable under this Act, it shall be paid in equal monthly instalments in arrears and shall continue, subject to this Act, during the lifetime of the recipient and thereafter until the end of the month in which he or she dies, and any amount in arrears thereof that remains at any time after his or her death shall be paid

(a) if the recipient was a contributor, to the recipient’s surviving spouse if he or she can be found and is entitled to the surviving spouse’s pension under section 13,

(b) if the recipient was a contributor and no person is paid under paragraph (a), to the recipient’s surviving common-law partner if he or she can be found and is entitled to the surviving common-law partner’s pension under section 13,

(c) if no person is paid under paragraph (a) or (b), in equal shares to the recipient’s children who can be found, or

(d) if no person is paid under paragraph (a), (b) or (c), to the recipient’s estate.

8(2)If a recipient described in subsection (1) dies without leaving a surviving spouse, surviving common-law partner or children to whom a pension is payable under this Act, or if a surviving spouse’s pension, surviving common-law partner’s pension or children’s pension is not payable or ceases to be payable under this Act and no person remains to whom a pension is consequently payable, any amount by which the amount of the recipient’s contributions with interest calculated from September 1, 1966, exceeds the aggregate of all benefits derived therefrom shall be paid to the recipient’s estate.

1966, c.29, s.7; 1974, c.48(Supp.), s.3; 1979, c.70, s.1; 1998, c.35, s.5; 1999, c.44, s.5; 2008, c.45, s.37

Definitions

9(1)In this section

“average salary” means the average annual salary received or deemed to be received by the contributor during the period of five successive years of pensionable service during which his or her salary was highest but in respect of each year prior to September 1, 1966, (traitement moyen)

(i) the annual salary shall be deemed not to exceed eight thousand dollars, and

(ii) the annual salary shall be deemed to be the rate of annual salary for that year if the contributor was employed as a teacher at least fifty per cent of the teaching days in each school term of that school year;

“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. (traitement maximum moyen)

Calculation of immediate pension and restrictions

9(2)Subject to subsection (4), 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 before September 1, 1966, two and one-seventh 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 that portion of average salary, if any, that is greater than the average maximum salary.

Calculation of immediate pension and restrictions

9(3)Subject to subsection (4) and 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 or she has not attained the age at which such a benefit becomes payable, his or her pension under this Act shall be calculated in accordance with paragraph (2)(a) for each year of pensionable service occurring prior to September 1, 1966 and in accordance with subparagraph (2)(b)(ii) on his or her entire average salary for each year of pensionable service to the credit of the contributor after August 31, 1966, until such time as he or she attains the age at which he or she would have been eligible for an unadjusted retirement pension under the Canada Pension Plan at which time the entire provisions of subsection (2) shall apply.

Calculation of immediate pension and restrictions

9(3.1)Notwithstanding subsection (3), the total amount of any pension under subsection (3) shall not exceed the amount permitted under paragraph 8503(2)(b) of the Income Tax Regulations under the Income Tax Act (Canada).

Calculation of immediate pension and restrictions

9(4)The total amount of any pension under subsection (2) or (3) shall be based on a period of pensionable service not in excess of thirty-five years.

Calculation of immediate pension and restrictions

9(4.1)Notwithstanding subsection (2), the total amount of the immediate pension payable in any year to a contributor out of the Teachers’ Pension Fund, 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.

Calculation of immediate pension and restrictions

9(4.2)Notwithstanding any other provision of this Act, the total amount of the immediate pension payable in any year to a contributor out of the Teachers’ Pension Fund 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 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.

Calculation of immediate pension and restrictions

9(4.3)Notwithstanding subsections (4.1) and (4.2), any amount payable under subsection (2) in excess of the amount permitted under subsections (4.1) and (4.2) shall be paid out of the Consolidated Fund.

Repealed

9(5)Repealed: 1996, c.69, s.4

Repealed

9(6)Repealed: 1996, c.69, s.4

Repealed

9(7)Repealed: 1983, c.90, s.4

1966, c.29, s.8; 1973, c.78, s.1; 1975, c.61, s.4; 1976, c.56, s.3; 1983, c.90, s.4; 1987, c.58, s.2; 1996, c.69, s.4; 1999, c.44, s.6; 2008, c.45, s.37

Repealed

9.1Repealed: 1996, c.69, s.5

1978, c.57, s.4; 1982, c.3, s.74; 1996, c.69, s.5

Definitions

10(1)In this section

“Consumer Price Index” means the Consumer Price Index for Canada published under the authority of the Statistics Act, chapter 15 of the Statutes of Canada, 1970-71;(indice des prix à la 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 that 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 1953

10(2)Where a pension is paid under this Act to a person who was receiving the pension before January 1, 1953, 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 1952.

Adjustment dates of pension payable before 1 January 1971

10(3)Where a pension is paid under this Act to a person who was receiving the pension after and not before January 1, 1953, 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.

Effective date of adjustment

10(4)An 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, and

(b) the remaining fifty per cent of the increase effective April 1, 1973,

and for the purposes 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

10(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

10(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.

10(6.01)Notwithstanding subsection (6) but subject to subsection (6.02), the amount of any pension paid under this Act with respect to a contributor who ceases to be employed as a teacher on or after April 30, 1995, shall be adjusted as of the first day of each year, beginning January 1, 1996, 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 1.0475, whichever is the lesser.

10(6.02)Notwithstanding subsection (6.01), the amount of any pension paid under this Act with respect to a contributor who ceases to be employed as a teacher on or before June 30, 1995 and who would have been entitled to retire with an immediate pension pursuant to the provisions of this Act as they read immediately before the commencement of this subsection, shall be adjusted as of the first day of each year, beginning January 1, 1996, in accordance with subsection (6).

Annual adjustment of pension

10(6.1)Notwithstanding subsections (6), (6.01) and (6.02), the first adjustment under subsection (6), (6.01) or (6.02) shall be the amount determined by multiplying the increase, if any, that would otherwise be payable under subsection (6), (6.01) or (6.02), as the case may be, 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.

1972, c.67, s.7; 1973, c.78, s.2; 1975, c.61, s.5; 1977, c.53, s.2; 1983, c.90, s.5; 1995, c.52, s.2; 1999, c.44, s.7

Additional adjustments

10.1(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 10(6).

10.1(2)“Pension index” has the same meaning in this section as it has in section 10.

10.1(3)Subsection 10(6) continues to apply after the adjustment made pursuant to subsection (1).

10.1(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.64, s.1

Return of contributions

11(1)Any contributor who has to his or her credit less than five years of pensionable service is entitled, upon ceasing to be employed as a teacher, to a return of contributions with interest calculated from September 1, 1966.

11(2)Upon the death of a contributor who had to his or her credit fewer than 5 years of pensionable service, a return of contributions with interest, calculated from September 1, 1966, shall be paid

(a) to the contributor’s surviving spouse if he or she can be found and would have been entitled to the surviving spouse’s pension under section 13 at the time of the contributor’s death had the contributor had to his or her credit 5 or more years of pensionable service,

(b) if no person is paid under paragraph (a), to the contributor’s surviving common-law partner if he or she can be found and would have been entitled to the surviving common-law partner’s pension under section 13 at the time of the contributor’s death had the contributor had to his or her credit 5 or more years of pensionable service,

(c) if no person is paid under paragraph (a) or (b), in equal shares to the contributor’s children who can be found, or

(d) if no person is paid under paragraph (a), (b) or (c), to the contributor’s estate.

11(3)Repealed: 2008, c.45, s.37

1966, c.29, s.9; 1974, c.48(Supp.), s.4; 1978, c.57, s.5; 1998, c.35, s.5; 2008, c.45, s.37

Pension respecting five or more years of service

12(1)The following provisions are applicable in respect of any contributor who has to his or her credit five or more years of pensionable service, namely,

(a) if he or she ceases to be employed as a teacher, having reached the age of sixty-five years, he or she is entitled to an immediate pension;

(b) if he or she ceases to be employed as a teacher, not having reached the age of sixty-five years by reason of having become disabled, he or she is entitled to

(i) an immediate pension, or

(ii) a return of contributions with interest calculated from September 1, 1966,

at his or her option, except that if he or she fails to advise the Minister of his or her option within one year of ceasing to be employed, he or she shall be deemed to have chosen an immediate pension;

(c) if he or she ceases to be employed as a teacher, not having reached the age of sixty-five years for any reason other than disability or death, he or she is entitled to

(i) a return of contributions with interest calculated from September 1, 1966,

(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 9(3) when he or she actually ceased to be employed,

(iii) in the case of a contributor who ceases to be employed before April 30, 1995 and whose age plus years of pensionable service totals eighty-five or a number falling between eighty-five and ninety, 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 9(3) when the contributor actually ceased to be employed,

(iv) in the case of a contributor who ceases to be employed on or after April 30, 1995, and before April 1, 1999, and whose age plus years of pensionable service totals eighty-five or a number falling between eighty-five and eighty-seven, 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 9(3) when the contributor actually ceased to be employed, or

(v) in the case of a contributor who ceases to be employed on or after April 1, 1999, and whose age plus years of pensionable service totals eighty or a number falling between eighty and eighty-seven, 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 9(3) when the contributor actually ceased to be employed,

at his or her option, except that if he or she fails to advise the Minister of his or her option within one year of ceasing to be employed, he or she shall be deemed to have chosen a return of contributions with interest calculated from September 1, 1966;

(d) a contributor who terminated his or her employment or whose employment was terminated before he or she attained retirement age, and upon complying with the conditions contained in the regulations, may elect to receive

(i) an annual allowance or an immediate pension payable when he or she attains retirement age or makes the election, whichever occurs later, or

(ii) a return of contributions with interest,

at his or her option except that if he or she fails to advise the Minister of his or her election within one year of the termination of his or her employment, he or she 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;

(f) if he or she elects to receive a deferred pension, that pension shall until time of payment, be adjusted in accordance with subsection 10(6), (6.01) or (6.02) and subsection 10(6.1) and section 10.1 commencing the first day of the year following the year in which he or she ceased to be employed;

(g) if he or she elects to receive a deferred pension and subsequently becomes a contributor, the election is void.

Extension to time to make election

12(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 or her failure to make his election within the time prescribed.

When immediate pension payable

12(2)Notwithstanding anything in subsection (1),

(a) a person who, before the person attains the age of sixty-five years, has to the person’s credit a period of pensionable service of at least twenty years may, any time after the person attains the age of sixty years, retire with an immediate pension; and

(a.1) Repealed: 1999, c.45, s.3

(b) a female person who immediately prior to September 1, 1966 was a contributor under the Teachers’ Act and who, before she attains the age of sixty-five years has to her credit a period of pensionable service of at least thirty-five years may, any time after she attains the age of fifty-five years, retire with an immediate pension.

(c) Repealed: 1996, c.69, s.6

Contributor deemed contributor under Teachers’ Act

12(2.1)For the purposes of paragraph (2)(b), a contributor who has purchased service under clause 4(1)(b)(ii)(A), (C), (C.1), (D) or (E) 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 Teachers’ Act.

Election for deferred pension

12(3)Notwithstanding subsection (1), a person who has elected to receive a deferred pension, shall be entitled to an immediate pension upon attaining the age of sixty years if he or she has to his or her credit a period of pensionable service of at least twenty years.

Election for deferred pension

12(4)Notwithstanding subsection (1), a female person who immediately prior to September 1, 1966 was a contributor under the Teachers’ Act, and who has elected to receive a deferred pension, shall be entitled to an immediate pension upon attaining the age of fifty-five years if she has to her credit a period of pensionable service of at least thirty-five years.

Effect of retirement

12(5)Notwithstanding this section, where a teacher

(a) retires at the end of a school year as defined in the Schools Act, and

(b) reaches the age at which he or she could retire between the date of retirement and the first day of January next following,

he or she is entitled to an immediate pension or annual allowance.

Entitlement to immediate pension

12(6)Notwithstanding any other provision of this section, the following contributors are entitled to an immediate pension:

(a) a contributor who ceases to be employed before April 30, 1995 and whose age plus years of pensionable service total ninety or more at the time the contributor ceases to be employed; and

(b) a contributor who ceases to be employed on or after April 30, 1995 and whose age plus years of pensionable service total eighty-seven or more at the time the contributor ceases to be employed.

Entitlement to immediate pension

12(7)Notwithstanding any other provision of this section a contributor who at the time he or she ceases to be employed has to his or her credit thirty-five years or more of pensionable service is entitled to an immediate pension.

Contributions to cease when contributor reaches sixty-nine years of age

12(8)Notwithstanding any other provision of this Act, a contributor shall not continue to contribute to the Teachers’ Pension Fund or accumulate pensionable service after the last day of the year in which the contributor reaches the age of sixty-nine, and any benefit to which the contributor is entitled under this Act shall commence to be paid no later than that day.

1966, c.29, s.10; 1971, c.69, s.5, 6; 1972, c.67, s.5; 1973, c.78, s.3; 1975, c.61, s.6; 1976, c.56, s.4; 1977, c.53, s.3; 1978, c.57, s.6; 1982, c.63, s.2; 1982, c.64, s.2; 1983, c.90, s.6; 1987, c.58, s.3; 1992, c.31, s.3; 1995, c.52, s.3; 1996, c.69, s.6; 1999, c.44, s.8; 1999, c.45, s.3; 2000, c.36, s.3; 2008, c.45, s.37

Surviving spouse’s pension or surviving common-law partner’s pension

13(1)Subject to subsections (2), (3), (4), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (5) and (7) to (11) and 22.01(3) and (5), upon the death of a contributor who had to his or her credit 5 or more years of pensionable service, his or her 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 Teachers’ Act, or section 12 of this Act, one half of his or her pension;

(b) where the contributor was in receipt of an annual allowance pursuant to this Act, one half the pension that would have been payable had the contributor been disabled when he or she commenced receipt of the annual allowance;

(c) where the contributor was employed as a teacher at the time of his or her death, one half the immediate pension that would have been payable had the contributor become disabled at the time of his or her 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 had the contributor become disabled at the time of his or her death.

13(1.1)Subject to subsections (2), (3.1), (4), (4.1), (4.2), (4.3), (4.41), (4.5), (4.6), (5) and (8) to (11) and 22.01(3) and (5), upon the death of a contributor who had to his or her credit 5 or more years of pensionable service, his or her surviving common-law partner is entitled to a surviving common-law partner’s pension equal to the amount referred to in paragraph (1)(a), (b), (c) or (d), as the case may be, if no surviving spouse’s pension is paid under this section.

13(2)Where reference is made in subsection (1) or (1.1) to the surviving spouse’s pension or surviving common-law partner’s pension being ½ of the contributor’s immediate pension, that immediate pension shall be calculated in accordance with subsection 9(2) if the surviving spouse or surviving common-law partner is eligible for a survivor’s pension under the Canada Pension Plan, or in accordance with subsection 9(3) if the surviving spouse or surviving common-law partner is not eligible for a survivor’s pension under the Canada Pension Plan.

13(3)Where a surviving spouse is in receipt of a surviving spouse’s pension under this Act and a survivor’s pension under the Canada Pension Plan and the sum of these 2 pensions is less than ½ of the pension that would have been payable had it been calculated in accordance with subsection 9(3), the Minister shall, on application to the Minister in writing by the surviving spouse, grant him or her an additional allowance equal to the difference.

13(3.1)Where a surviving common-law partner is in receipt of a surviving common-law partner’s pension under this Act and a survivor’s pension under the Canada Pension Plan and the sum of these 2 pensions is less than ½ of the pension that would have been payable had it been calculated in accordance with subsection 9(3), the Minister shall, on application to the Minister in writing by the surviving common-law partner, grant him or her an additional allowance equal to the difference.

13(4)If an additional allowance is granted under subsection (3) or (3.1), it shall be reduced by the amount of any subsequent increase in the survivor’s pension under the Canada Pension Plan of that surviving spouse or surviving common-law partner.

13(4.1)If a contributor has a spouse or common-law partner at the time when payments of an immediate pension, annual allowance or deferred pension are to begin to be made to the contributor, that contributor may elect

(a) an immediate pension, annual allowance or deferred pension in an amount that is less than the amount otherwise payable to the contributor under this Act, and

(b) notwithstanding subsection (1) or (1.1), an increased surviving spouse’s pension or surviving common-law partner’s pension in an amount that is equal to sixty per cent, sixty-six and two-thirds per cent, seventy-five per cent or one hundred per cent of the reduced immediate pension, annual allowance or deferred pension of the contributor under paragraph (a).

13(4.2)Where a contributor makes an election under subsection (4.1), the amount of the reduced immediate pension, annual allowance or deferred pension of the contributor and the amount of the increased surviving spouse’s pension or surviving common-law partner’s pension in total shall be the actuarial equivalent of the total amount of the immediate pension, annual allowance or deferred pension and the surviving spouse’s pension or surviving common-law partner’s pension that the contributor and the surviving spouse or surviving common-law partner would or could have been paid if the election had not been made.

13(4.3)Where a contributor makes an election under subsection (4.1), the contributor is not entitled to re-elect to be paid a different reduced immediate pension, annual allowance or deferred pension or an unreduced immediate pension, annual allowance or deferred pension at any other time.

13(4.4)Where a contributor makes an election under subsection (4.1), the increased surviving spouse’s pension shall only be paid to the person who was the spouse of the contributor on the date that payments of the contributor’s reduced immediate pension, annual allowance or deferred pension began.

13(4.41)Where a contributor makes an election under subsection (4.1), the increased surviving common-law partner’s pension shall only be paid to the person who was the common-law partner of the contributor on the date that payments of the contributor’s reduced immediate pension, annual allowance or deferred pension began and at the time of the contributor’s death.

13(4.5)Where a contributor makes an election under subsection (4.1), subsections (2), (3), (3.1) and (4) apply with the necessary modifications.

13(4.6)Where a contributor makes an election under subsection (4.1), paragraph 8503(2)(k) of the Income Tax Regulations under the Income Tax Act (Canada) applies to subsections (4.1) to (4.5).

13(5)A surviving spouse’s pension ceases to be payable on the death of that surviving spouse and a surviving common-law partner’s pension ceases to be payable on the death of that surviving common-law partner.

13(6)Repealed: 1977, c.53, s.4

13(7)Where a contributor dies within one year after the date of his or her marriage, no surviving spouse’s pension is payable to his or her surviving spouse if the Minister is not satisfied that the contributor was at the time of the date of his or her marriage in such a condition of health as to justify him or her in having an expectation of surviving for at least one year thereafter.

13(8)Subject to subsections (11) and 22.01(3) and (5), the surviving spouse of a contributor is entitled to a surviving spouse’s pension, if otherwise eligible, and the surviving common-law partner of that contributor is not entitled to a surviving common-law partner’s pension if

(a) the surviving spouse was married to the contributor

(i) at the time of the contributor’s death, or

(ii) on the date that payments of the contributor’s reduced immediate pension, annual allowance or deferred pension began if the contributor made an election under subsection (4.1), and

(b) the marriage of the surviving spouse and the contributor was not a void or voidable marriage.

13(9)Notwithstanding subsections (1) to (4), the total of a surviving spouse’s pension or surviving common-law partner’s pension, as the case may be, and any additional allowance under subsections (1) to (4) shall not exceed the amounts permitted under paragraphs 8503(2)(d) and (e) of the Income Tax Regulations under the Income Tax Act (Canada).

13(10)The spouse or common-law partner of a contributor may enter into a written agreement with the contributor that waives his or her entitlement to a surviving spouse’s pension or surviving common-law partner’s pension, as the case may be.

13(11)A surviving spouse is not entitled to a surviving spouse’s pension and a surviving common-law partner is not entitled to a surviving common-law partner’s pension if there is

(a) a valid written agreement referred to in subsection (10), or

(b) a decree, order or judgment of a competent tribunal that bars the claim of the surviving spouse or surviving common-law partner.

1966, c.29, s.11; 1972, c.67, s.6; 1974, c.48(Supp.), s.5; 1977, c.53, s.4; 1978, c.57, s.7; 1998, c.35, s.5; 1999, c.44, s.9; 1999, c.45, s.4; 2008, c.45, s.37

Children’s pension

14(1)If a contributor who had to the contributor’s credit 5 or more years of pensionable service dies without leaving a surviving spouse or surviving common-law partner, or if a surviving spouse’s pension or surviving common-law partner’s pension is not payable under this Act or ceases to be payable under subsection 13(5), a children’s pension equal to the surviving spouse’s pension or surviving common-law partner’s pension that was being paid or could have been paid under section 13 shall be paid in equal shares to the children of the contributor who, at the time of the contributor’s death, are both dependent on the contributor for support and

(a) under nineteen years of age and will not attain the age of nineteen in the calendar year that includes that time,

(b) under twenty-five years of age and will not attain the age of twenty-five in the calendar year that includes that time and who are in full-time attendance at an educational institution, or

(c) dependent on the contributor by reason of mental or physical infirmity.

14(2)Repealed: 2006, c.21, s.2

14(2.1)Notwithstanding subsection (1), no children’s pension is payable where a contributor makes an election under subsection 13(4.1).

14(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 shall be paid to the child or to such other person as the Minister directs.

14(4)A children’s pension ceases to be payable

(a) in the case of a child described in paragraph (1)(a), when the child reaches the age of nineteen years,

(b) in the case of a child described in paragraph (1)(b), when the child reaches the age of twenty-five years or ceases to be in full-time attendance at an educational institution, whichever occurs earlier, or

(c) in the case of a child described in paragraph (1)(c), if the child ceases to have a mental or physical infirmity.

14(5)Notwithstanding any other provision in this section, the total of a children’s pension under this section shall not exceed the amounts permitted under paragraphs 8503(2)(d) and (e) of the Income Tax Regulations under the Income Tax Act (Canada).

1966, c.29, s.12; 1974, c.48(Supp.), s.6; 1978, c.57, s.8; 1996, c.69, s.7; 1999, c.44, s.10; 1999, c.45, s.5; 2006, c.21, s.2; 2008, c.45, s.37

Pension for dependant of contributor

15If a contributor who had to his or her credit 5 or more years of pensionable service dies without leaving a surviving spouse, surviving common-law partner or children, or if a surviving spouse’s pension, surviving common-law partner’s pension or children’s pension is not payable or ceases to be 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 contributor’s death wholly or partly dependent upon the contributor’s earnings, a pension in an amount not exceeding the amount of the surviving spouse’s pension or surviving common-law partner’s pension that was being paid or could have been paid under section 13, and the pension shall end no later than the end of the eligible survivor benefit period as defined in subsection 8500(1) of the Income Tax Regulations under the Income Tax Act (Canada).

1966, c.29, s.13; 1974, c.48(Supp.), s.7; 1978, c.57, s.9; 1999, c.44, s.11; 2008, c.45, s.37

Return of contributions to estate

16(1)Where, upon the death of a contributor employed as a teacher who had to his or her 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 calculated from September 1, 1966 shall be paid to his or her estate.

16(2)Subsection (1) does not apply where a contributor makes an election under subsection 13(4.1).

1966, c.29, s.14; 1978, c.57, s.10; 1999, c.45, s.6; 2008, c.45, s.37

Disability pensioner

17(1)Where it appears to the Minister that any contributor under the age of sixty-five years who is in receipt of a disability pension under this Act is engaged in substantially gainful employment or has recovered, the Minister may direct that the contributor be offered employment as a teacher or in the Public Service.

Acceptance of employment by disability pensioner

17(2)Where the contributor accepts an offer of employment pursuant to subsection (1), his or her entitlement to a disability pension shall be suspended, effective the date he or she is appointed, for the duration of such re-employment and the period of re-employment is to be additional pensionable service for the purposes of this Act.

Refusal of employment by disability pensioner

17(3)Where a contributor refuses 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 or she attains the age at which he or she could retire with an immediate pension, whichever is earlier.

Duty of disability pensioner to furnish information

17(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.29, s.15; 1999, c.44, s.12; 2008, c.45, s.37

Suspension of immediate pension or annual allowance

18(1)Where a contributor in receipt of an immediate pension or an annual allowance under this Act, the Teachers’ Act, the Superannuation Act or the pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions becomes a contributor under this Act, his or her entitlement to such immediate pension or annual allowance is to be suspended effective the date of his or her appointment, and if he or she becomes a contributor under this Act, the period of such re-employment is to be additional pensionable service for the purposes of this Act.

18(2)Notwithstanding subsection (1), the Lieutenant-Governor in Council may by regulation provide terms and conditions under which a teacher in receipt of an immediate pension or annual allowance may be engaged as a teacher without suspension of such immediate pension or annual allowance.

18(3)Notwithstanding subsection (2), a teacher in receipt of an immediate pension or annual allowance may be engaged as a teacher without suspension of such immediate pension or annual allowance only subject to and in accordance with paragraph 8503(3)(b) of the Income Tax Regulations under the Income Tax Act (Canada).

1966, c.29, s.16; 1970, c.48, s.2; 1983, c.90, s.7; 1996, c.69, s.8; 1999, c.44, s.13; 2008, c.45, s.37; 2013, c.44, s.46

Transfer of teacher to Université de Moncton

19(1)The Minister may, in respect of a contributor employed at Teachers’ College, École Normale or the New Brunswick Institute of Technology who terminates such employment 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 contributor under this Act together with interest, and

(b) an additional amount of employer’s contribution equal to the amount payable under paragraph (a).

19(2)No payment shall be made in respect of any contributor mentioned in subsection (1)

(a) if the contributor has received or has elected to receive a refund of his or her contributions under this Act, or

(b) if the contributor 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 and Early Childhood Development.

19(3)No payment shall be made in respect of a contributor 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.

19(4)The making of a request under subsection (3) is irrevocable, and upon the granting of the request the contributor ceases to be entitled to any benefit under this Act.

19(5)Any contributor mentioned in subsection (1) who subsequently is re-employed as a teacher in the Province may elect, in accordance with this Act, to count the period of pensionable service in respect of which payment was made under subsection (1) and to have transferred from the pension plan of the Université de Moncton to the Teachers’ Pension Fund in accordance with the reciprocal agreement between the two employers, an amount equal to the payment made under subsection (1), together with interest from the date of the payment by the Minister, and the Minister may receive and pay into the Teachers’ Pension Fund such amount.

1972, c.67, s.8; 1999, c.44, s.14; 2008, c.45, s.37; 2010, c.31, s.122

Transfer of teacher to Université de Moncton

20Notwithstanding the provisions of section 19, a contributor who ceases to be employed 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.67, s.8

Inability of pensioner to manage affairs

21Where, for any reason, a recipient is unable to manage his or her 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.29, s.17; 2008, c.45, s.37

Non-assignability and freedom from legal process of Fund

22No interest of any person in the Teachers’ Pension Fund is capable of being assigned, charged, anticipated, given as security or surrendered and, for the purposes of this condition,

(a) assignment does not include assignment pursuant to a decree, order or judgment of a competent tribunal or a written agreement in settlement of rights arising as a consequence of the breakdown of a marriage between a contributor and the contributor’s spouse or former spouse or the breakdown of a common-law partnership between a contributor and the contributor’s common-law partner or former common-law partner nor does it include assignment by the legal representative of a deceased contributor on the distribution of the contributor’s estate, and

(b) surrender does not include a reduction in benefits to avoid the revocation of the registration of the pension plan provided for in this Act.

1966, c.29, s.18; 1996, c.69, s.9; 2008, c.45, s.37

Division of benefits on breakdown of a marriage or common-law partnership

22.01(1)Notwithstanding any other provision of this Act, where a competent tribunal makes a decree, order or judgment on or after January 1, 1997, in relation to the division on marriage breakdown of a benefit that a 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.

22.01(1.1)Notwithstanding any other provision of this Act, where a competent tribunal makes a decree, order or judgment on or after the commencement of this subsection in relation to the division on the breakdown of a common-law partnership 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 the breakdown of the common-law partnership and shall be divided in accordance with the decree, order or judgment of the tribunal.

22.01(2)The portion of the benefit to which the spouse or common-law partner of a contributor, or of a former contributor, is entitled under a decree, order or judgment referred to in subsection (1) or (1.1) shall be dealt with in accordance with the regulations.

22.01(3)If a benefit has been divided under subsection (1) or (1.1), the spouse or common-law partner 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 or surviving common-law partner’s pension with respect to the contributor, or the former contributor, or any other benefit or amount payable to the spouse or common-law partner under this Act by virtue of being the spouse or common-law partner of the contributor, or the former contributor, or

(c) in relation to the Teachers’ Pension Fund under this Act,

and the benefit of the contributor, or of the former contributor, shall be revalued in accordance with the regulations.

22.01(4)Notwithstanding any other provision of this Act, where a written agreement in settlement of rights arising as a consequence of marriage breakdown is entered into on or after January 1, 1997, and 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.

22.01(4.1)Notwithstanding any other provision of this Act, where a written agreement in settlement of rights arising as a consequence of the breakdown of a common-law partnership is entered into on or after the commencement of this subsection and provides for the division on the breakdown of the common-law partnership 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 the breakdown of the common-law partnership in accordance with the regulations and shall be divided in accordance with the written agreement.

22.01(5)Subsections (2) and (3) apply with the necessary modifications to a division of a benefit under subsection (4) or (4.1).

22.01(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.

22.01(7)A division of benefits under this section applies only in relation to benefits accrued between the date of marriage and the date of marriage breakdown or between the date of common-law partnership and the date of the breakdown of the common-law partnership, as the case may be.

22.01(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 Teachers’ Pension Fund.

1997, c.56, s.5; 1998, c.35, s.5; 2008, c.45, s.37

Reciprocal pension transfer agreements

22.1(1)In this section “approved employer” means

(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, or

(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.

22.1(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, where, in consideration of the agreement of that approved employer to pay into the Teachers’ Pension Fund 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 as a teacher, the Minister shall pay or arrange to be paid from the Teachers’ Pension Fund to that approved 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 a teacher who ceases to be employed as a teacher to become employed by the approved employer.

22.1(3)The terms and provisions of an agreement entered into under subsection (2) have the same effect as if incorporated in this Act.

22.1(4)Notwithstanding subsection (2), the Minister may also enter into a reciprocal agreement with any approved employer that does not require a 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.

22.1(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.58, s.4

(c) the conditions, if any, under which an employee may make supplementary contributions in order to receive full credit for his or her prior pensionable service;

(d) the disposition of contributions made by a transferring employee prior to his or her date of transfer;

(e) the conditions under which the reciprocal transfer agreement may be amended, suspended, replaced or terminated;

(f) any other provisions relevant to the intent of the agreement or necessary for the effective administration of the agreement.

22.1(6)Where a teacher ceased to be employed as a teacher 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 Teachers’ Pension Fund, in accordance with the provisions of the agreement, all or any part of the required contributions made to the Teachers’ Pension Fund by the teacher 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 teacher.

22.1(6.01)Notwithstanding subsection (6), where the pensionable service in respect of which a payment or payments are to be made under subsection (6) is performed and credited after 1991, no payment or payments shall be made under subsection (6) unless the pensionable service is in accordance with subparagraph 8503(3)(a)(v) of the Income Tax Regulations under the Income Tax Act (Canada).

22.1(6.1)Repealed: 1999, c.44, s.15

22.1(6.2)Notwithstanding any other provision of this Act, a person referred to in subsection (6) who prior to January 1, 1963, discontinued teaching to take advanced training at a college and who resumed employment as a teacher following completion of that training may in respect of any period of time not exceeding one year and for the purpose of any superannuation or pension fund or plan established for the benefit of employees of that approved employer, elect to pay into the Teachers’ Pension Fund an amount equal to the amount required by the approved employer in respect of that period in accordance with the reciprocal agreement and the Minister shall pay or arrange to be paid from the Teachers’ Pension Fund to the approved employer that amount and no other amount in respect of that period on behalf of that person.

22.1(7)No teacher shall be subject to the provisions of any reciprocal agreement that does not require a transfer of funds, except with his or her written consent.

22.1(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 as a teacher, the Minister may receive and pay into the Teachers’ Pension Fund such amount as is paid by the approved employer in accordance with the provisions of the reciprocal agreement.

22.1(9)Notwithstanding subsection (8), where the pensionable service in respect of which a payment or payments are to be made under subsection (8) is performed and credited after 1991, no payment or payments shall be made under subsection (8) unless the pensionable service is in accordance with subparagraph 8503(3)(a)(v) of the Income Tax Regulations under the Income Tax Act (Canada).

1975, c.61, s.7; 1976, c.56, s.5; 1978, c.57, s.11; 1986, c.78, s.3; 1987, c.58, s.4; 1989, c.40, s.2; 1992, c.52, s.30; 1999, c.44, s.15; 2005, c.7, s.81; 2008, c.45, s.37

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 six members appointed by the Lieutenant-Governor in Council for a term 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.

Powers and duties of Board

23(4)The powers and duties of the Pension Board are to be determined by regulation.

1966, c.29, s.19; 1989, c.40, s.3

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 Teachers’ Pension Fund during that year, the number of contributors and the number of persons receiving benefits under this Act.

1966, c.29, s.20

Continuation of Teachers’ Act

25Any person to whom any superannuation allowance, reduced superannuation allowance or pension has been granted under the Teachers’ Act, or to whom such an allowance could have been granted under that Act, is, for the purposes of this Act, deemed to have become entitled to that allowance or pension under this Act.

1966, c.29, s.21

Continuation and administration of Fund

26(1)The Teachers’ Pension Fund established pursuant to subsection 14(1) of the Teachers’ Act is hereby continued.

26(2)The New Brunswick Investment Management Corporation shall be the trustee of the Teachers’ Pension Fund and the Teachers’ Pension Fund shall be held in trust by the New Brunswick Investment Management Corporation.

26(2.1)Expenses prescribed by regulation that relate to the administration of this Act and to the management and investment of money in the Teachers’ Pension Fund are a charge upon and payable out of the Teachers’ Pension Fund.

26(3)Repealed: 1999, c.44, s.16

26(4)All interest arising from the Teachers’ Pension Fund shall be paid into and form part of the Fund.

26(5)After March 31, 1991, in the case of employees who receive salaries out of the Consolidated Fund and who make contributions under section 3, the Minister of Finance at the request of the Board of Management shall pay out of the Consolidated Fund into the Teachers’ Pension Fund

(a) an amount equal to seven and three-tenths per cent of the portions of the employees’ salaries that do not exceed the “Year’s Maximum Pensionable Earnings” as defined under the Canada Pension Plan Act, and

(b) an amount equal to nine per cent of the portions of the employees’ salaries that exceed the “Year’s Maximum Pensionable Earnings” as defined under the Canada Pension Plan Act.

26(5.1)After March 31, 1991, in the case of all other employees who make contributions under section 3, the treasurer or person whose duty it is to pay the employees shall pay into the Teachers’ Pension Fund

(a) an amount equal to seven and three-tenths per cent of the portions of the employees’ salaries that do not exceed the “Year’s Maximum Pensionable Earnings” as defined under the Canada Pension Plan Act, and

(b) an amount equal to nine per cent of the portions of the employees’ salaries that exceed the “Year’s Maximum Pensionable Earnings” as defined under the Canada Pension Plan Act.

26(5.2)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 Teachers’ Pension Fund an additional amount which in the fiscal year 1991-1992 shall be forty-two and one-half 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.

26(5.3)In subsection (5.2) “Consumer Price Index” means the Consumer Price Index for Canada published under the authority of the Statistics Act (Canada).

26(6)Repealed: 1994, c.N-6.01, s.29

26(7)If at any time the Teachers’ Pension 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 Teachers’ Pension Fund an amount sufficient to enable such payments to be made.

1966, c.29, s.22; 1976, c.56, s.6; 1983, c.90, s.8; 1984, c.65, s.3; 1987, c.58, s.5; 1991, c.44, s.2; 1994, c.N-6.01, s.29; 1999, c.44, s.16

Regulations

27(1)The Lieutenant-Governor in Council may make regulations

(a) 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 the employee;

(a.01) prescribing positions in the Department of Education and Early Childhood Development for the purposes of paragraph (a.2) of the definition “teacher” in subsection 1(1);

(a.1) determining pensionable service where an employee loses salary as a result of a strike;

(b) determining in case of doubt, the date on which a contributor ceased to be employed;

(c) determining the amount and method of any employer contribution to the Teachers’ Pension Fund and any interest credit that may be allowed on the balance in the Fund;

(d) prescribing the rate and manner of calculating interest;

(e) prescribing the circumstances, terms and conditions upon which an election under this Act may be revoked by an elector, either wholly or partially;

(e.1) 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”;

(e.2) prescribing other combat operations for the purposes of clause 4(1)(b)(ii)(C.3);

(f) 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;

(f.1) prescribing the circumstances, terms and conditions of any reciprocal agreement entered into under this Act respecting employer and employee contributions and service recognized;

(f.2) respecting the determination of the commuted value of a benefit for the purposes of section 22.01;

(f.3) respecting the circumstances and manner in which the portion of the benefit to which a spouse or common-law partner of a contributor, or of a former contributor, is entitled under section 22.01, 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;

(f.4) respecting the revaluation of benefits under section 22.01;

(f.5) respecting any other matter relating to a benefit to be divided on the breakdown of a marriage or common-law partnership;

(f.6) defining any word or expression used but not defined in section 22.01;

(g) prescribing the manner in which the contributions required by subsection 3(1) are to be deducted;

(g.1) prescribing for the purposes of subsection 26(2.1) expenses which are a charge upon and payable out of the Teachers’ Pension Fund.

(g.2) Repealed: 1992, c.68, s.3

(h) 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.

27(2)A regulation under paragraphs (1)(f.2) to (f.6) may be made retroactive to January 1, 1997, or to any date after January 1, 1997.

27(3)A regulation under paragraph (1)(f) may be made retroactive.

27(4)A regulation under paragraph (1)(a.01) may be made retroactive to April 1, 1999, or to any date after April 1, 1999.

1966, c.29, s.23; 1976, c.56, s.7; 1978, c.57, s.12; 1983, c.90, s.9; 1992, c.68, s.1, 3; 1997, c.56, s.5; 1998, c.35, s.5; 1999, c.45, s.7; 2008, c.45, s.37; 2009, c.20, s.4; 2010, c.31, s.122

28Repealed: 1992, c.68, s.3

1992, c.68, s.2, 3

N.B. This Act is consolidated to July 1, 2014.

T-1 - Teachers’ Pension Act

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