20(1)In this section “approved employer” means(employeur agréé)
(a)
the Government of Canada including any Crown Corporation or agency thereof,
(b)
the Government of a Province or Territory of Canada,
(c)
the Council of Maritime Premiers,
(c.1)
The New Brunswick Association of Nursing Homes Incorporated - L’Association des foyers de secours du Nouveau-Brunswick Incorporée,
(d)
the governing body of a city, town, village or rural community, the employees of which contribute to a pension or superannuation plan under the
Municipalities Act, or any Act relating to the city, town, village or rural community,
(e)
any authority that operates a hospital facility, educational facility or electric power distribution system the employees of which contribute to a pension or superannuation plan or contribute to a corporation, board or commission that operates a pension plan for a group of employees in a province or territory of Canada,
(f)
the board of trustees of a pension or superannuation plan that is operated for employees of the Government of Canada, including any Crown Corporation or agency of that Government, or for employees of the Government of a Province or Territory of Canada, or
(g)
an employee association or union that represents employees of the Government of the Province of New Brunswick.
Agreement with public service employer
20(2)The Minister, with the approval of the Lieutenant-Governor in Council, may enter into a reciprocal agreement with any approved employer which operates a superannuation or pension fund or plan for its employees, whereby, in consideration of the agreement of that approved employer to pay into the Superannuation Account an amount determined in accordance with the provisions of the reciprocal agreement in respect of any employee of that approved employer who becomes or has become employed in the Public Service, the Minister shall pay or arrange to be paid from the Superannuation Account to that employer for the purpose of any superannuation or pension fund or plan established for the benefit of employees of that approved employer, an amount similarly determined in accordance with the provisions of the reciprocal agreement in respect of any person employed in the Public Service who ceases to be employed in the Public Service to become employed by the approved employer.
Agreement with public service employer
20(3)The terms and provisions of an agreement entered into under subsection (2) have the same effect as if incorporated in this Act.
Agreement with public service employer
20(4)Notwithstanding subsection (2), the Minister may also enter into a reciprocal agreement with any approved employer that does not require transfer of funds if, in the opinion of the Minister, such an alternate form of reciprocal agreement adequately protects the pension rights of transferring employees and results in an equitable allocation of the cost of pension benefits of transferring employees between the Province and the approved employer.
Agreement with public service employer
20(5)The provisions of any reciprocal agreement entered into by the Minister under this section shall include
(a)
the basis of determination of the amount, if any, to be paid by the Minister to the approved employer or to the Minister by the approved employer;
(b)
Repealed: 1987, c.47, s.5
(c)
the conditions, if any, under which an employee may make supplementary contributions in order to receive full credit for his 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 said reciprocal transfer agreement may be amended, suspended, replaced or terminated; and
(f)
any other provisions relevant to the intent of the agreement or necessary for the effective administration of the agreement.
Agreement with public service employer
20(6)Where the person employed in the Public Service ceases to be employed in the Public Service to become employed by any approved employer with whom the Minister has entered into a reciprocal agreement, the Minister may pay or arrange to be paid to that approved employer, out of the Superannuation Account, in accordance with the provisions of the agreement, all or any part of the required contributions made to the Superannuation Account by the person employed in the Public Service in accordance with section 3, such amount representing employer contributions as the Minister determines, and such amount representing interest as the Minister determines, but no such payment or payments shall be made except with the written consent of the person employed by the Public Service.
Agreement with public service employer
20(7)No person employed by the Public Service shall be subject to the provisions of any reciprocal agreement that does not require a transfer of funds, except with his or her written consent.
Agreement with public service employer
20(8)Where a person ceases to be employed with an approved employer with whom the Minister has entered into a reciprocal agreement to become employed in the Public Service, the Minister may receive and pay into the Superannuation Account such amount as is paid by the approved employer in accordance with the provisions of the reciprocal agreement.
20(9)Repealed: 1975, c.49, s.7 1966, c.23, s.20; 1974, c.41(Supp.), s.8; 1975, c.49, s.7; 1976, c.50, s.6; 1978, c.44, s.2; 1987, c.6, s.91; 1987, c.47, s.5; 1992, c.52, s.27; 2004, c.34, s.2; 2005, c.7, s.69; 2008, c.45, s.31