1(1)In this Act

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.

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

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 member or former member 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 member or former member and his or her common-law partner is the date on which they commenced to cohabit in a conjugal relationship.

2(1)Subject to subsection (3), this Act applies

2(2)This Act does not apply to members or former members to whom the Members Superannuation Act applies.

2(3)This Act does not apply

2(4)This Act applies to former members and their spouses, common-law partners and children with respect to pensionable service earned by the former member before July 1, 2014.

2.01(1)Service earned by a member after September 22, 2014, shall not be credited to the member for the purpose of calculating pensionable service to determine the following amounts:

2.01(2)Service earned by a minister on or after the first appointment of members of the Executive Council after September 22, 2014, shall not be credited to the minister for the purpose of calculating pensionable service to determine the following amounts:

2.01(3)Despite subsection (1), service earned by a member after September 22, 2014, shall be included for the purpose of determining if a member has to his or her credit eight or more sessions of pensionable service and is entitled to receive an annual pension or a supplementary allowance under this Act.

2.01(4)For the purposes of subsection (3), for each year of pensionable service that a member earns under the public service shared risk plan, the member is deemed to have earned one session of pensionable service.

3(1)A person who is a member on the commencement of this subsection may elect, within the time specified in paragraph (2)(b), to be subject to this Act.

3(2)An election under subsection (1)

3(3)Where a member referred to in subsection (1) elects, in accordance with this section, to be subject to this Act,

5(1)A member shall contribute to the Members’ Pension Account an amount equal to the lesser of

5(1.1)Subject to subsection (3), a member shall continue to contribute to the Members’ Pension Account in accordance with subsection (1) even if the member has reached the total of the amount of the annual pension and the amount of the supplementary allowance or the reduced supplementary allowance established under section 10.1.

5(1.2)Subject to subsection (3), a minister shall continue to contribute to the Members’ Pension Account in accordance with subsection (1) even if the minister has reached the total of the amount of the minister’s pension and the amount of the supplementary allowance or the reduced supplementary allowance established under section 11.1.

5(2)A member who receives only a portion of an indemnity under the Legislative Assembly Act shall be deemed, for the purposes of this Act, to have received the entire indemnity for the session to which the indemnity relates, and shall contribute under subsection (1) the amount the member would be required to contribute if he or she had received the entire indemnity.

5(2.1)For the purposes of subsection (2), the period of time for which the portion of the indemnity was paid must be a qualifying period in accordance with paragraph 8507(3)(a) of the Income Tax Regulations under the Income Tax Act (Canada).

5(3)Despite subsection (1), a member shall not continue to contribute to the Members’ Pension Account or acquire pensionable service after the last day of the year in which the member attains the age prescribed in subparagraph 8502(e)(i) of the Income Tax Regulations under the Income Tax Act (Canada), and any benefit to which the member is entitled under this Part shall commence to be paid not later than that date.

6(1)A member who has ceased to be a member, has received a return of contributions and again becomes a member may elect, within one year after again becoming a member, to reinstate the pensionable service in respect of which the member received the return of contributions if the member agrees to pay an amount equal to that return of contributions together with interest from the time of payment of the return of contributions until the time of the election.

6(2)When a member who has ceased to be a member and is entitled to an annual pension again becomes a member, the member’s entitlement to the annual pension shall cease and the pensionable service in respect of which the annual pension was authorized shall be added to the member’s pensionable service as a member.

6(3)A member who has ceased to be a member, has received a return of contributions under the Members Superannuation Act and again becomes a member may elect, within one year after again becoming a member, to reinstate the pensionable service in respect of which the member received the return of contributions, if the member agrees to pay an amount equal to that return of contributions together with interest from the time of payment of the return of contributions until the time of the election.

6(4)When a member who has ceased to be a member and is entitled to an annual pension under the Members Superannuation Act again becomes a member, the member’s entitlement to the annual pension under the Members Superannuation Act shall cease and the pensionable service in respect of which the annual pension was authorized shall be added to the member’s pensionable service as a member under this Act.

7(1)An election under subsection 6(1) or (3)

7(2)An amount required to be paid under subsection 6(1) or (3) shall be paid by the member into the Members’ Pension Account

7(3)Subject to subsection (4), where paragraph (2)(b) applies and the member ceases to be a member before all instalments have been paid, the unpaid instalments shall be withheld from any benefit payable under this Part.

7(4)Where the benefit referred to in subsection (3) is payable to the surviving spouse, surviving common-law partner or children of a member, the unpaid instalments shall not be withheld from the benefit unless the surviving spouse, surviving common-law partner or children, as the case may be, desire that the pensionable service represented by the unpaid instalments be used in calculating the benefit.

8(1)At the end of each fiscal year there shall be credited to the Members’ Pension Account out of the Consolidated Fund an amount equal to the total of all the contributions made by members and ministers under section 5 during that fiscal year, together with interest.

8(1.1)An amount referred to in subsection (1) shall not exceed eligible contributions as provided for in subsection 147.2(2) of the Income Tax Act (Canada).

8(2)Notwithstanding subsection (1), if at any time there is an actuarial surplus in the Members’ Pension Account exceeding the amount permitted under the Income Tax Act (Canada), no additional amount shall be credited to the Members’ Pension Account under subsection (1).

8(3)If at any time the Members’ Pension Account is insufficient to make all payments required to be made under this Act, the Minister shall, at the request of the Treasury Board, pay out of the Consolidated Fund into the Members’ Pension Account an amount sufficient to enable such payments to be made.

9(1)A member who has to his or her credit fewer than eight sessions of pensionable service is entitled, upon ceasing to be a member, to a return of contributions, together with interest.

9(2)On the death of a member who had to his or her credit fewer than 8 sessions of pensionable service, a return of contributions, together with interest, shall be paid

10(1)A member who has to his or her credit eight or more sessions of pensionable service and ceases to be a member is entitled, upon attaining sixty years of age or at such later time at which the member ceases to be a member, to an annual pension in the amount determined under subsection (2).

10(2)The amount of the annual pension payable to a person under subsection (1) shall be determined by multiplying two per cent of the average indemnity received by the person as a member, during or in respect of the three successive sessions during or for which his or her indemnity was the highest, by the number of sessions of pensionable service to his or her credit as a member.

10(3)Despite subsection (1), a member who has to his or her credit eight or more sessions of pensionable service and who ceased to be a member before April 1, 2008, is entitled, before attaining sixty years of age, to an annual pension in the amount determined under subsection (4), if he or she elects to receive an annual pension in that amount.

10(3.1)Despite subsection (1), a member who has to his or her credit eight or more sessions of pensionable service and who ceases to be a member on or after April 1, 2008, is entitled, on or after attaining fifty-five years of age and before attaining sixty years of age, to an annual pension in the amount determined under subsection (4), if he or she elects to receive an annual pension in that amount.

10(4)The amount of the annual pension payable to a person under subsection (3) or (3.1) shall be the amount that would be payable under subsection (1) if the annual pension had not commenced until the person had attained sixty years of age, reduced by five-twelfths of one per cent for each month by which the commencement date of the annual pension precedes the person’s sixtieth birthday.

10(5)An election under subsection (3) or (3.1)

10(6)An annual pension under subsection (3) or (3.1) is payable in lieu of an annual pension under subsection (1) and a person who elects to receive an annual pension under subsection (3) or (3.1) is not entitled to an annual pension under subsection (1) upon attaining sixty years of age or at any later time.

11(1)In this section

11(2)A person who is receiving or is entitled to receive an annual pension under subsection 10(1) and has to his or her credit at least six months of pensionable service as a minister is entitled, in addition to the annual pension, to a minister’s pension in the amount determined under subsection (3).

11(3)The amount of the minister’s pension payable to a person under subsection (2) shall be determined by multiplying two per cent of the person’s average salary as a minister by the number of years of pensionable service to his or her credit as a minister.

11(4)Despite subsection (2), a person who elects, in accordance with subsection 10(3) or (3.1), to receive an annual pension under subsection 10(3) or (3.1) and who has to his or her credit at least six months of pensionable service as a minister shall be deemed to have elected to receive, in addition to the annual pension, a minister’s pension in the amount determined under subsection (5).

11(5)The amount of the minister’s pension payable to a person under subsection (4) shall be the amount that would be payable under subsection (2) if the minister’s pension had not commenced until the person had attained sixty years of age, reduced by five-twelfths of one per cent for each month by which the commencement date of the minister’s pension precedes the person’s sixtieth birthday.

11(6)A minister’s pension under subsection (4) is payable in lieu of a minister’s pension under subsection (2) and a person deemed to have elected to receive a minister’s pension under subsection (4) is not entitled to a minister’s pension under subsection (2) upon attaining sixty years of age or at any later time.

11.1(2)Despite anything else in this Part or in Part III, the amount of the minister’s pension to which a person who ceases to be a member on or after April 1, 2008, is entitled under section 11, when combined with the amount of the supplementary allowance or the reduced supplementary allowance to which the person is entitled shall not exceed 75% of the average salary received by the person as a minister.

13(1)Subject to subsections (1.1), (1.2), (1.3), (2), (4), (5) and (6) and 20.1(3) and (5), on the death of a person who at the time of his or her death

13(1.1)Where a person described in subsection (1) 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 unless the Minister considers it would be just and reasonable in the circumstances for the surviving spouse to be paid a surviving spouse’s pension.

13(1.2)Subsection (1.1) applies whether the marriage occurs before, on or after the commencement of this subsection.

13(1.3)For the purposes of subsection (1.1), the surviving spouse must show the Minister that the marriage was entered into in good faith.

13(2)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(4)Subject to subsections (6) and 20.1(3) and (5), the surviving spouse of a person described in subsection (1) is entitled to receive a surviving spouse’s pension, if otherwise eligible, and the surviving common-law partner of that person is not entitled to receive a surviving common-law partner’s pension if

13(5)The spouse or common-law partner of a person described in subsection (1) may enter into a written agreement with that person that waives his or her entitlement to receive a surviving spouse’s pension or surviving common-law partner’s pension, as the case may be.

13(6)A surviving spouse is not entitled to receive a surviving spouse’s pension and a surviving common-law partner is not entitled to receive a surviving common-law partner’s pension if there is

14(1)Subject to subsections (2) and (3), if a person described in subsection 13(1) 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 or ceases to be payable under this Part, 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 that person who, at the time of that person’s death, are dependent on that person for support and who are

14(2)For the purposes of subsection (1), a child who has attained 19 years of age and who at the time of death of the person described in subsection 13(1) is dependent on that person for support and is dependent on that person by reason of mental or physical infirmity, shall be deemed to be a child not having attained 19 years of age.

14(3)A children’s pension shall be paid to the person having custody and control of the child but where there is no such person it shall be paid to the child or to such other person as the Minister designates.

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

14.1(1)In this section

14.1(1.1)This section applies to a pension paid in respect of a person who ceased to be a member before April 1, 2008.

14.1(2)Where a pension is paid under this Act to a person who first received the pension after March 31, 1997, the amount of that pension shall be adjusted as of the first day of each year, beginning on January 1, 2001, 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.

14.1(3)Notwithstanding subsection (2), the first adjustment under subsection (2) shall be the amount determined by multiplying the increase, if any, that would otherwise be payable under subsection (2) 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.

14.1(4)Notwithstanding subsection (2), any increase in the amount of pension payable under this Act by virtue of any adjustment made under subsection (2) relating to any period before January 1, 2001, shall be implemented

14.11(1)The following definitions apply in this section.

14.11(2)This section applies to a pension paid in respect of a person who ceases to be a member on or after April 1, 2008.

14.11(3)If a pension is paid under this Act, the amount of the pension shall be adjusted as of the first day of each year, beginning on January 1, 2009, 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 1.05, whichever is the lesser.

14.11(4)Despite subsection (3), the first adjustment under subsection (3) shall be the amount determined by multiplying the increase, if any, that would otherwise be payable under subsection (3) 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 the person ceased to be a member in the year preceding the year in which the first adjustment is made.

14.2(1)The following definitions apply in this section.

14.2(1.1)This section applies to a deferred pension in respect of a person who ceased to be a member before April 1, 2008.

14.2(2)Where, on or after January 1, 2007, the payment of an annual pension is deferred under subsection 10(1), the amount of the pension shall be adjusted in accordance with subsection (4) until the time of payment of the pension.

14.2(3)Where, on or after January 1, 2007, the payment of a minister’s pension is deferred under subsection 11(2), the amount of the pension shall be adjusted in accordance with subsection (4) until the time of payment of the pension.

14.2(4)The amount of a pension referred to in subsection (2) or (3) shall be adjusted as of the first day of each year, beginning on January 1, 2007, 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.

14.2(5)Notwithstanding subsection (4), the first adjustment under subsection (4) shall be the amount determined by multiplying the increase, if any, that would otherwise be payable under subsection (4) 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 the person ceased to be a member or minister, as the case may be, in the year preceding the year in which the first adjustment is made.

14.2(6)Notwithstanding subsection (4), any increase in the amount of pension payable under this Act by virtue of any adjustment made under subsection (4) relating to any period before January 1, 2007, shall be implemented

14.3(1)The following definitions apply in this section.

14.3(2)This section applies to a deferred pension in respect of a person who ceases to be a member on or after April 1, 2008.

14.3(3)If the payment of an annual pension is deferred under subsection 10(1), the amount of the pension shall be adjusted in accordance with subsection (5) until the time of payment of the pension.

14.3(4)If the payment of a minister’s pension is deferred under subsection 11(2), the amount of the pension shall be adjusted in accordance with subsection (5) until the time of payment of the pension.

14.3(5)The amount of a pension referred to in subsection (3) or (4) shall be adjusted as of the first day of each year, beginning on January 1, 2009, 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 years or 1.05, whichever is the lesser.

14.3(6)Despite subsection (5), the first adjustment under subsection (5) shall be the amount determined by multiplying the increase, if any, that would otherwise be payable under subsection (5) 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 the person ceased to be a member or minister, as the case may be, in the year preceding the year in which the first adjustment is made.

18(1)In this section

18(2)A person’s entitlement to receive an annual pension is suspended while the person is

20(1)No right of a person under this Part is capable of being assigned, charged, anticipated, given as security or surrendered, and, for the purposes of this subsection,

20.1(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 member or minister, or a former member or former minister, 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.

20.1(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 member or minister, or a former member or former minister, 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.

20.1(2)The portion of the benefit to which the spouse or common-law partner of a member or minister, or of a former member or former minister, 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.

20.1(3)If a benefit has been divided under subsection (1) or (1.1), the spouse or common-law partner has no further right

20.1(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 member or minister, or a former member or former minister, 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.

20.1(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 member or minister, or a former member or former minister, 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.

20.1(5)Subsections (2) and (3) apply with the necessary modifications to a division of a benefit under subsection (4) or (4.1).

20.1(6)A division of benefits under this section shall not result in a reduction of the commuted value of the benefit of a member or minister, or of a former member or former minister, by more than fifty per cent.

20.1(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.

20.1(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 Members’ Pension Account.

20.2(1)The Lieutenant-Governor in Council may make regulations

20.2(2)A regulation under subsection (1) may be made retroactive to January 1, 1997, or to any date after January 1, 1997.

21.2(1)The amount of the annual pension to which a person who ceases to be a member on or after April 1, 2008, is entitled under section 10, when combined with the amount of the supplementary allowance to which the person is entitled under section 21.1 or subsection 22(1.1) or the amount of the reduced supplementary allowance to which the person is entitled under subsection 22(1.2), shall not be less than the amount of the annual pension to which the person would have been entitled under section 10 when combined with the amount of the supplementary allowance to which the person would have been entitled under section 21 or the amount of the reduced supplementary allowance to which the person would have been entitled under subsection 22(1), if the person had ceased to be a member before April 1, 2008, having the same period of pensionable service to his or her credit.

21.2(2)If there is a shortfall between the minimum amount of annual pension and supplementary allowance or reduced supplementary allowance in subsection (1) and the total amount of annual pension and supplementary allowance or reduced supplementary allowance to which a person is entitled, the shortfall shall be payable out of the Consolidated Fund.

22(1)Despite section 21, a member who has to his or her credit eight or more sessions of pensionable service and who ceased to be a member before April 1, 2008, may elect, before attaining fifty-five years of age, to receive a reduced supplementary allowance calculated in accordance with section 21, reduced by 5/12 of 1% for each month by which the commencement date of the reduced supplementary allowance precedes his or her fifty-fifth birthday.

22(1.1)Despite section 21.1, a member who has to his or her credit eight or more sessions of pensionable service and who ceases to be a member between April 1, 2008, and October 12, 2010, both dates inclusive, may elect, on or after attaining fifty-five years of age and before attaining sixty years of age, to receive a supplementary allowance calculated using the following formula:

22(1.2)Despite section 21.1, a member who has to his or her credit eight or more sessions of pensionable service and who ceases to be a member on or after October 13, 2010, may elect, on or after attaining fifty-five years of age, to receive a reduced supplementary allowance calculated in accordance with section 21.1, reduced by 5/12 of 1% for each month by which the commencement date of the reduced supplementary allowance precedes his or her sixtieth birthday.

22(2)An election made under subsection (1), (1.1) or (1.2)

22(3)A reduced supplementary allowance under subsection (1) is payable in lieu of a supplementary allowance under section 21 and a person who elects to receive a reduced supplementary allowance under subsection (1) is not entitled to a supplementary allowance under section 21 upon attaining fifty-five years of age or at any later time.

22(4)A supplementary allowance under subsection (1.1) or a reduced supplementary allowance under subsection (1.2) is payable in lieu of a supplementary allowance under section 21.1 and a person who elects to receive a supplementary allowance under subsection (1.1) or a reduced supplementary allowance under subsection (1.2) is not entitled to a supplementary allowance under section 21.1 on attaining sixty years of age or at any later time.

24(1)Despite section 23, a person referred to in subsection 22(1) who elects to receive a reduced supplementary allowance under subsection 22(1) and who has to his or her credit at least six months of pensionable service as a minister shall be deemed to have elected to receive, in addition to the reduced supplementary allowance to which he or she is entitled under subsection 22(1), a reduced supplementary allowance in an amount calculated in accordance with section 23, reduced by 5/12 of 1% for each month by which the commencement date of the reduced supplementary allowance precedes that person’s fifty-fifth birthday.

24(2)Despite section 23, a person referred to in subsection 22(1.1) who elects to receive a supplementary allowance under subsection 22(1.1) and who has to his or her credit at least six months of pensionable service as a minister shall be deemed to have elected to receive, in addition to the supplementary allowance to which he or she is entitled under subsection 22(1.1), a reduced supplementary allowance in an amount calculated in accordance with section 23, reduced by 5/12 of 1% for each month by which the commencement date of the reduced supplementary allowance precedes that person’s fifty-fifth birthday.

24(3)A reduced supplementary allowance under subsection (1) or (2) is payable in lieu of a supplementary allowance under section 23 and a person who is deemed to have elected to receive a reduced supplementary allowance under subsection (1) or (2) is not entitled to a supplementary allowance under section 23 on attaining fifty-five years of age or at any later time.

24.1(1)Despite section 23.1, a person referred to in subsection 22(1.2) who elects to receive a reduced supplementary allowance under subsection 22(1.2) and who has to his or her credit at least six months of pensionable service as a minister shall be deemed to have elected to receive, in addition to the reduced supplementary allowance to which he or she is entitled under subsection 22(1.2) a reduced supplementary allowance in an amount calculated in accordance with section 23.1, reduced by 5/12 of 1% for each month by which the commencement date of the reduced supplementary allowance precedes that person’s sixtieth birthday.

24.1(2)A reduced supplementary allowance under subsection (1) is payable in lieu of a supplementary allowance under section 23.1 and a person who is deemed to have elected to receive a reduced supplementary allowance under subsection (1) is not entitled to a supplementary allowance under section 23.1 on attaining sixty years of age or at any later time.

25(1)If the surviving spouse or surviving common-law partner of a person who ceased to be a member before April 1, 2008, is entitled to receive a surviving spouse’s pension or surviving common-law partner’s pension, as the case may be, under subsection 13(1) in respect of the person’s annual pension, the surviving spouse or surviving common-law partner is entitled to a supplementary allowance in an amount equal to 125% of the portion of the surviving spouse’s pension or surviving common-law partner’s pension attributable to the annual pension of that person calculated in accordance with subsection 10(2).

25(1.1)If the surviving spouse or surviving common-law partner of a person who ceases to be a member on or after April 1, 2008, is entitled to receive a surviving spouse’s pension or surviving common-law partner’s pension, as the case may be, under subsection 13(1) in respect of the person’s annual pension, the surviving spouse or surviving common-law partner is entitled to a supplementary allowance in an amount equal to 50% of the portion of the surviving spouse’s pension or surviving common-law partner’s pension attributable to the annual pension of that person calculated in accordance with subsection 10(2).

25(2)If the surviving spouse or surviving common-law partner of a person who was a minister is entitled to receive a surviving spouse’s pension or surviving common-law partner’s pension, as the case may be, under subsection 13(1) in respect of the minister’s pension, the surviving spouse or surviving common-law partner is entitled, in addition to the supplementary allowance to which he or she is entitled under subsection (1), to a supplementary allowance in an amount equal to 50% of the portion of the surviving spouse’s pension or surviving common-law partner’s pension attributable to the minister’s pension calculated in accordance with subsection 11(3).

29.11(1)Despite any other provision of this Act and subject to subsection (3), on and after July 1, 2014, all benefits, including annual adjustments made to those benefits in accordance with sections 14.1 to 14.3, that were earned, accrued or vested before September 23, 2014, may be revoked, suspended, increased or reduced by Treasury Board.

29.11(2)Despite any other provision of this Act and subject to subsection (3), on and after July 1, 2014, all supplementary allowances payable under Part III that were earned, accrued or vested before September 23, 2014, may be revoked, suspended, increased or reduced by Treasury Board.

29.11(3)Despite any other provision of this Act, on and after July 1, 2014, all minister’s pensions and all supplementary allowances payable under sections 23 and 23.1 that were earned, accrued or vested before the first appointment of members of Executive Council after September 22, 2014, may be revoked, suspended, increased or reduced by Treasury Board.

29.11(4)A supplementary allowance referred to in subsection (2) or (3) includes the following:

29.11(5)Treasury Board may only exercise its authority under subsection (1), (2) or (3) in a manner and by an amount that is consistent with the manner in which and the amount by which the administrator of the public service shared risk plan revokes, suspends, increases or reduces base benefits or ancillary benefits under that plan.

29.12(1)The Crown in right of the Province, a minister of the Crown, a person designated to act on behalf of a minister, the Financial and Consumer Services Commission, the Superintendent of Pensions or an administrator or any of their officers, directors, employees or members is not liable under this Act, the regulations, the Pension Benefits Act or the regulations under that Act if the minister, person designated to act on behalf of a minister, Financial and Consumer Services Commission, Superintendent of Pensions or administrator or any of their officers, directors, employees or members exercised the care, diligence and skill that a reasonably prudent person would have exercised in comparable circumstances, including reliance in good faith on a report of a person whose profession lends credibility to a statement made by that person.

29.12(2)Despite any other provision of this Act, the regulations under this Act, section 12 of the Pension Benefits Act and any contract or trust, including a document that creates or supports a pension plan or pension fund, no cause of action, claim or demand arises and no action for damages or other proceeding shall be instituted against the Crown in right of the Province, a minister of the Crown, a person designated to act on behalf of a minister, the Financial and Consumer Services Commission, the Superintendent of Pensions, an administrator, a trustee, a board of trustees, an employer, a trade union that represents its members, an employee organization that is the bargaining agent of its members or any other person, board or committee with the right to amend a pension plan or any of their officers, directors, employees, members, agents or advisers in relation to any of the following:

32(1)The Lieutenant-Governor in Council may make regulations 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.

32(2)A regulation under subsection (1) may be made retroactive.