Transition allowances
38(1)The following definitions apply in this section.
“full-time employment” means employment in the Public Service requiring continuous service in an office or position and that the employee work at least 29 hours per week.(emploi à plein temps )
“pensionable service” means pensionable service as defined in the Members Superannuation Act or the Members’ Pension Act, but does not include any period of active military service counted as pensionable service.(service ouvrant droit à pension)
“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 )
“session” Repealed: 2023, c.21, s.2
38(2)A person who is a member of the Legislative Assembly immediately before it is dissolved and who does not, for any reason, become a member of the next following Legislative Assembly shall be paid a transition allowance equal to one-twelfth of the person’s annual indemnity as a member, at the rate in force immediately before the person ceased to be a member, for each year or portion of a year of pensionable service in the Legislative Assembly up to a maximum of six years.
38(3)Despite subsection (2), a person who is a member of the Legislative Assembly immediately before it is dissolved and who does not, for any reason, become a member of the next following Legislative Assembly shall be paid a transition allowance equal to one-twelfth of the person’s annual indemnity as a member, at the rate in force immediately before the person ceased to be a member if, immediately after the person ceases to be a member, the member
(a)
is entitled to receive an annual pension under subsection 10(1) of the
Members’ Pension Act, or
(b)
elects to receive an annual pension reduced under subsection 10(3.1) of the
Members’ Pension Act.
38(4)Subject to subsection (5), a person who is a member of the Legislative Assembly and resigns as a member or otherwise ceases to be a member for any reason, before the Legislative Assembly is dissolved, shall be paid a transition allowance equal to one-twelfth of the person’s annual indemnity as a member, at the rate in force immediately before the person ceased to be a member.
38(5)If a person who is a member of the Legislative Assembly dies or ceases to be a member by reason of any permanent illness or infirmity by which the person is, in the opinion of the Speaker after consulting with the Legislative Administration Committee and after considering the opinion of the medical practitioner or practitioners that the Speaker and the Committee consider appropriate, disabled from performing the person’s duties as a member, the person’s estate or the person, as the case may be, shall be paid a transition allowance equal to one-twelfth of the person’s annual indemnity as a member, at the rate in force immediately before the person died or ceased to be a member, for each year or portion of a year of pensionable service in the Legislative Assembly up to a maximum of six years.
38(6)Despite subsections (2), (3), (4) and (5), a transition allowance shall not be paid under those subsections in relation to a period of time respecting which all or a portion of a transition allowance has previously been paid.
38(7)Despite subsections (2), (3), (4) and (5), a person’s entitlement to receive a transition allowance ceases if he or she
(a)
obtains full-time employment in the Public Service,
(b)
is required in respect of his or her employment to participate in a pension plan sponsored by the Province, other than employment referred to in paragraph (
a),
(c)
is appointed as a judge in accordance with the
Provincial Court Act,
(d)
is appointed as a judge who is subject to the
Judges Act (Canada),
(e)
is appointed as a member of the Senate of Canada,
(f)
is elected as a member of the House of Commons of Canada,
(g)
is appointed as the Lieutenant-Governor of New Brunswick, or
(h)
is appointed as the Governor General of Canada.
38(8)Despite subsection (2), a person who is paid a transition allowance under subsection (2) instead of the transition allowance payable under paragraph (3)(
b) ceases to be entitled to receive the transition allowance under subsection (2) if he or she elects to receive an annual pension reduced under subsection 10(3.1) of the
Members’ Pension Act.
38(9)The Legislative Administration Committee shall determine the manner, frequency and dates of payment of a transition allowance to be paid or expended under this section.
1993, c.64, s.11; 1996, c.1, s.1; 2007, c.30, s.14; 2007, c.57, s.6; 2008, c.23, s.12; 2011, c.34, s.1; 2013, c.44, s.25; 2023, c.21, s.2