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.
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