Acts and Regulations

T-1 - Teachers’ Pension Act

Section 1
Disposition versions

Full text
Definitions
1(1)In this Act
“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
Definitions
1(1)In this Act
“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)
“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 Public Service as defined in the Public Service Superannuation Act;(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 defined under the Public Service Superannuation Act 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
Definitions
1(1)In this Act
“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)
“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 in the Minister’s capacity as Chairman of the Board of Management and includes anyone 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 Public Service as defined in the Public Service Superannuation Act;(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 defined under the Public Service Superannuation Act 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
Definitions
1(1)In this Act
“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)
“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 in the Minister’s capacity as Chairman of the Board of Management and includes anyone 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 Public Service as defined in the Public Service Superannuation Act;(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 defined under the Public Service Superannuation Act 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 in a position prescribed by regulation, if such person became employed with the Department of Education 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 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 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
Definitions
1(1)In this Act
“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, 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)
“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)
“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 in the Minister’s capacity as Chairman of the Board of Management and includes anyone 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 Public Service as defined in the Public Service Superannuation Act;(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 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 salary for a period, he is deemed, for the purpose of calculating his 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” means spouse as defined in the Income Tax Act (Canada), but, for the purposes of a void or voidable marriage, does not include a reference to any provision of that Act contained in that definition;(conjoint)
“Superannuation Act” means the Public Service Superannuation Act, Chapter 185, Revised Statutes, 1952;(loi sur la pension de retraite)
“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 defined under the Public Service Superannuation Act 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 in a position prescribed by regulation, if such person became employed with the Department of Education on or after March 1, 1996;
(b) is a person in any other full time employment where he was a contributor under the Teachers’ Act immediately prior to September 1, 1966 as long as he 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 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 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 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