Definitions and interpretation
“annual pension” means a pension equal to four and one-half per cent of the average indemnity received by a member during or in respect of the period of three successive sessions during which his or her indemnity was highest, multiplied by the number of sessions of pensionable service to his or her credit; but, such pension shall not exceed the indemnity in effect at the time he or she ceases to be a member;(pension annuelle)
“benefit” means an annual pension, a Minister’s pension, a surviving spouse’s pension or a children’s pension and includes a return of contributions;(prestation)
“child” means a child of a member or former member and includes a natural child, stepchild or adopted child;(enfant)
“children’s pension” means a pension described in section 14;(pension des enfants)
“common-law partner” means
(conjoint de fait)
(a)
in the case of the death of a member or former member, a person who, not being married to the member or former member, was cohabiting in a conjugal relationship with the member or former member at the time of death of the member or former member and was cohabiting in a conjugal relationship with the member or former member for a continuous period of at least 2 years immediately before the death of the member or former member, or
(b)
in the case of the breakdown of their common-law partnership, a person who, not being married to a member, minister, former member or former minister, was cohabiting in a conjugal relationship with the member, minister, former member or former minister, as the case may be, 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 member or former member and his or her common-law partner;(union de fait)
“Consumer Price Index” means the Consumer Price Index for Canada published under the authority of the Statistics Act (Canada);(indice des prix à la consommation)
“indemnity” means the indemnity authorized to be paid to a member under subsection 28(2) of the Legislative Assembly Act, as adjusted from time to time under section 28 of that Act;(indemnité)
“interest” means interest at the rate of four per cent per annum calculated in such manner as the Minister shall prescribe;(intérêt)
“member” means a member of the Legislative Assembly;(député)
“Minister” means the Minister of Finance and Treasury Board and includes any person designated by the Minister to act on the Minister’s behalf;(Ministre)
“minister” means a member who is
(ministre)
(a)
a member of the Executive Council,
(b)
the Speaker of the Legislative Assembly, or
(c)
the Leader of the Opposition in the Legislative Assembly;
“minister’s pension” means a pension described in section 12;(pension de ministre)
“pensionable service” means any period of service to the credit of the member or minister under this Act that may be used in calculating a benefit and includes any period of service to his or her credit under the Members Superannuation Act, chapter 9 of 7 Elizabeth II, 1958;(service ouvrant droit à pension)
“pension index” means
(indice de pension)
(a)
for the year 1972, the average of the Consumer Price Index for the twelve month period ending June 30, 1971, and
(b)
for each year following 1972, the average of the Consumer Price Index for the twelve month period ending June 30 in the year preceding that year unless the average is less than 1.01 times the pension index for the preceding year, in which case the pension index for the year is the pension index for the preceding year;
“return of contributions” means a return of the amount paid by the member into the Members Superannuation Account under section 5 including the principal portion of any lump sum or instalment payments made under section 8;(remboursement de contributions)
“salary” means
(traitement)
(a)
the salary authorized to be paid to a minister under subsection 6(1) of the
Executive Council Act, as adjusted from time to time under that Act,
(b)
the salary authorized to be paid to the Premier in addition to the Premier’s salary as minister,
(c)
the salary authorized to be paid under subsection 6(3) of the
Executive Council Act, as adjusted from time to time under that Act, to a member of the Executive Council not in receipt of a salary under subsection 6(1) or (2) of that Act, and
(d)
the salary authorized to be paid to the Speaker and the Leader of the Opposition under the
Legislative Assembly Act;
“session” means a session of the Legislative Assembly;(session)
“spouse” Repealed: 2008, c.45, s.19
“surviving spouse’s pension” means a pension described in section 13.(pension de conjoint survivant)
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.
1968, c.8, s.2; 1974, c.27 (Supp.), s.1; 1978, c.36, s.1; 1978, c.81, s.1; 1984, c.44, s.15; 1992, c.2, s.33; 1993, c.65, s.1; 1998, c.35, s.2; 2007, c.30, s.26; 2008, c.45, s.19; 2011, c.20, s.13; 2012, c.39, s.89; 2013, c.44, s.27; 2015, c.5, s.7; 2019, c.29, s.87