Acts and Regulations

M-8 - Members Superannuation Act

Full text
Current to 1 January 2024
CHAPTER M-8
Members Superannuation Act
Definitions and interpretation
1(1)In this Act
“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)
“Members Superannuation Account” means the account in the Consolidated Fund established under subsection 3(1) of the Members Superannuation Act, chapter 9 of 7 Elizabeth II, 1958, and continued by section 4 of this Act;(compte de pension de retraite des députés)
“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
Status as a common-law partner
1.001To establish that he or she is a common-law partner, a person shall provide the Minister with a statutory declaration accompanied by proof acceptable to the Minister.
2008, c.45, s.19
Determination of date of marriage or common-law partnership
1.01(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
(a) if they were married to each other, the date on which they were married,
(b) if they were parties to a voidable marriage, the date on which they were married, or
(c) if they were parties to a void marriage, the date on which they went through a form of marriage.
1.01(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.
1.01(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.
1.01(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.
1998, c.35, s.2; 2008, c.45, s.19
Deemed cohabitation where illness or mental or physical infirmity
1.02If a member or former member and a person with whom the member or former member was cohabiting in a conjugal relationship are no longer cohabiting by reason only of the illness or mental or physical infirmity of either of them, they shall be deemed to continue to be cohabiting in a conjugal relationship.
2008, c.45, s.19
Application
1.1(1)This Act applies, after the commencement of this subsection,
(a) to members who were members on the commencement of this paragraph and who have not elected, in accordance with section 3 of the Members’ Pension Act, to be subject to that Act,
(b) to members referred to in paragraph (a) who, after the commencement of this paragraph, cease to be members and have not again become members,
(c) to former members who ceased to be members before the commencement of this paragraph and who have not again become members after the commencement of this paragraph,
(d) to members and former members referred to in paragraphs (a) to (c), in their capacity as ministers, where the members or formers members are or were ministers at any time during which they are or were members, and
(e) to the spouses and children of members and former members referred to in paragraphs (a) to (d).
1.1(1.1)This Act applies, after the commencement of this subsection, to common-law partners of members and former members referred to in paragraphs (1)(a) to (d).
1.1(2)This Act does not apply to members or former members to whom the Members’ Pension Act applies.
1.1(3)Where a member who was a member on the commencement of this subsection elects, in accordance with section 3 of the Members’ Pension Act, to be subject to that Act, that Act applies to that member as of the date the election becomes effective and this Act ceases to apply.
1.1(4)Where a person who was a member on the commencement of this subsection ceases to be a member without having elected, in accordance with section 3 of the Members’ Pension Act to be subject to that Act, but again becomes a member, the Members’ Pension Act applies to that member and this Act ceases to apply.
1.1(5)Where a former member who ceased to be a member before the commencement of this subsection again becomes a member after the commencement of this subsection, the Members’ Pension Act applies to that member and this Act ceases to apply.
1993, c.65, s.2; 2008, c.45, s.19
One session credited per calendar year
1.2For the purposes of this Act, no member or minister shall be credited with more than one session per calendar year.
2000, c.1, s.2
Administration
2The Minister shall administer this Act and may designate any person to act on his or her behalf.
1968, c.8, s.3; 2008, c.45, s.19
1
BENEFITS
2007, c.50, s.2
Continuation of the Members Superannuation Act
3Any benefit that has been, or could have been, granted under the Members Superannuation Act, chapter 9 of 7 Elizabeth II, 1958, is deemed to be a benefit arising under, and subject to, this Act.
1968, c.8, s.4
Election respecting active military service
3.1(1)In this section
“active military service” means full-time service in the armed forces of Canada or an ally at any time during World War II between September 10, 1939 and September 30, 1947, and at any time during the Korean Campaign between June 30, 1950 and January 1, 1954;(service militaire actif)
“armed forces” means the Merchant Marine, Naval, Army and Air Forces of Canada or an ally;(forces armées)
“contribution rate” means the rate at which a member is required to contribute to the Members Superannuation Account under section 5.(taux de contribution)
3.1(2)A member may elect to count a period consisting of a number of full years of active military service as pensionable service if
(a) the member pays an amount in respect of each full year of service equal to the amount he would have been required to pay had he been a member during the period of service but based on the indemnity authorized to be paid to him at the date of election and the contribution rate applicable at that date,
(b) the member has not received credit in respect of a pension for the period of service under any other Act of the Legislature, and
(c) the member has provided the Minister with evidence of the period of service in the form of a Certificate of Discharge or copy of it, a statement setting forth the period of service issued by the Department of Veteran’s Affairs of Canada or other evidence as required by the Minister.
3.1(3)For the purposes of section 11, where a member has elected to count a period of active military service as pensionable service under subsection (2), each full year of service so counted is equivalent to one session of pensionable service.
1986, c.54, s.1
Continuation of the Members Superannuation Account
4The Members Superannuation Account in the Consolidated Fund established under subsection 3(1) of the Members Superannuation Act, chapter 9 of 7 Elizabeth II, 1958, is hereby continued.
1968, c.8, s.5
Contribution of Members to the Account
5(1)Each member shall contribute to the Members Superannuation Account an amount equal to nine per cent of his indemnity.
5(2)In addition to his contribution under subsection (1), each minister shall contribute to the Members Superannuation Account an amount equal to six per cent of his salary.
5(3)Where a member receives a portion of an indemnity under the Legislative Assembly Act, he shall be deemed, for the purposes of this Act, to have received the indemnity, and shall contribute under subsection (1) the amount he would be required to contribute if he had received the indemnity.
1968, c.8, s.6; 1973, c.57, s.1; 1978, c.36, s.2; 1978, c.81, s.1; 1993, c.64, s.15
Election of Member respecting contribution to Account
6(1)A member who was not required to contribute under this Act or the Members Superannuation Act, chapter 9 of 7 Elizabeth II, 1958, for any sessional allowance under section 27 of the Legislative Assembly Act, chapter L-3 of the Revised Statutes, 1973, may elect to contribute in respect of that session as if he had received an indemnity, in which case he shall pay the amount he would have been required to contribute for that session together with interest thereon until the date of election.
6(2)A session in respect of which an election is made pursuant to subsection (1) shall be deemed to be a session of pensionable service for the purposes of this Act.
1973, c.57, s.2; 2015, c.5, s.7
6.1Repealed: 1978, c.81, s.1
1978, c.36, s.3; 1978, c.81, s.1
Repealed
7Repealed: 1993, c.65, s.3
1968, c.8, s.7; 1970, c.30, s.1; 1993, c.65, s.3
Form of election, mode of payment, effect of unpaid instalments
8(1)An election under subsection 6(1)
(a) shall be made in writing and signed by the member,
(b) shall be forwarded to the Minister within the time prescribed in this Act, and
(c) is irrevocable except as determined by the Lieutenant-Governor in Council.
8(2)An amount required to be paid under subsection 6(1) shall be paid by the member into the Members Superannuation Account
(a) in a lump sum at the time of making the election, or
(b) in instalments together with interest thereon, over a period determined by the Minister; but, that period shall not exceed the pensionable service in respect of which the election is made.
8(3)Subject to subsection (4), where paragraph (2)(b) is used 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 Act.
8(4)Where the benefit referred to in subsection (3) is payable to the surviving spouse or children of a member, the unpaid instalments shall not be withheld from the benefit unless the surviving spouse or children, as the case may be, desire that the pensionable service represented by the unpaid instalments be used in calculating the benefit.
1968, c.8, s.8; 1973, c.57, s.3; 1974, c.27 (Supp.), s.2; 1987, c.6, s.60; 1993, c.65, s.4
Payment into Account from Consolidated Fund, interest
9(1)At the end of each fiscal year there shall be credited to the Members Superannuation 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.
9(2)Interest shall be credited to the Members Superannuation Account at such intervals as the Minister shall prescribe.
1968, c.8, s.9
Return of contributions
10(1)A member who has to his credit less than ten sessions of pensionable service is entitled, upon ceasing to be a member, to a return of contributions.
10(2)Upon the death of a member who had to his credit less than ten sessions of pensionable service, a return of contributions shall be paid
(a) to his surviving spouse,
(b) if there is no surviving spouse or he cannot be found, to his children, or
(c) if there are no children or they cannot be found, to his estate.
10(2.1)If two persons claim to be the surviving spouse of a member referred to in subsection (2), and one of those persons is a spouse because that person was married, other than in a void or voidable marriage, to the member at the time of the member’s death, that spouse is entitled to the return of contributions under subsection (2), if otherwise eligible and subject to subsection 20.01(3), unless there is a valid written agreement between the member and that spouse, or a court order or judgment, that bars that spouse’s claim.
10(3)Where a minister ceases to be a minister but remains a member, he may apply in writing to the Minister for a return of his contributions as a minister and shall thereby irrevocably forfeit the right to a minister’s pension in respect of that pensionable service.
1968, c.8, s.10; 1974, c.27 (Supp.), s.3; 1998, c.35, s.2
Adjustment of pension paid to beneficiary before Jan. 1, 1978
10.1(1)Repealed: 2013, c.44, s.27
10.1(2)Where a pension is paid under this Act to a person who was receiving the pension before January 1, 1978, the amount of that pension expressed in annual terms shall be adjusted by multiplying the amount of the pension that would have been payable if no adjustment had been made under this subsection by the ratio that the Consumer Price Index for the year 1972 bears to the Consumer Price Index for the year in which the pension was first received.
10.1(3)The amount of any pension paid under this Act, after being adjusted in accordance with subsection (2), shall be adjusted, in respect of the previous year, as of the first day of each year,
(a) for the year 1973 by two per cent;
(b) for the year 1974 by two per cent;
(c) for the year 1975 by six per cent;
(d) for the year 1976 by six per cent;
(e) for the year 1977 by six per cent; and
(f) for the year 1978 by six per cent.
10.1(4)An increase in the amount of a pension adjusted under subsections (2) and (3) shall be effective April 1, 1978.
1978, c.36, s.4; 1978, c.81, s.1, 2; 2013, c.44, s.27
Additional adjustments, application of section
10.2(1)Subject to subsection (4), the first ten thousand dollars of pension under this Act expressed in annual terms as of June 30, 1981, or the amount of pension payable as of that date where the amount of pension is less than ten thousand dollars, shall be further adjusted as of July 1, 1981, by multiplying that amount by the percentage that is equal to the difference between
(a) the percentage adjustment that represents eighty per cent of the compounded ratio that the pension index for the year 1981 bears to the pension index for the year 1973, or for the year in which a pension was first received where the pension was first received after 1973, and
(b) the compounded percentage increase with respect to the same period pursuant to subsection 10.1(3).
10.2(2)Every pension adjusted in accordance with subsection (1) shall be further adjusted as of the first day of each year, beginning January 1, 1982 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.
10.2(3)Repealed: 2013, c.44, s.27
10.2(4)This section applies to pensions being received under this Act immediately prior to January 1, 1981, and still being received on July 1, 1981.
1981, c.41, s.1; 2013, c.44, s.27
Adjustment of pension paid to beneficiary between Dec. 31, 1980 and Jan. 1, 1989
10.3(1)Where a pension is paid under this Act to a person who first received the pension after December 31, 1980, but before January 1, 1989, the amount of that pension shall be adjusted as of the first day of each year, commencing with the year following the year in which the pension was first received, 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.
10.3(2)Notwithstanding subsection (1), any increase in the amount of pension payable under this Act by virtue of an adjustment made under subsection (1) relating to any period before January 1, 1990, shall be implemented
(a) so as to be effective January 1, 1990, and
(b) without any retroactive payment being made in respect of any period before January 1, 1990.
10.3(3)Repealed: 2013, c.44, s.27
1989, c.58, s.1; 2013, c.44, s.27
Adjustment of pension first paid to beneficiary after December 31, 1989 but before January 1, 1997
10.4(1)Where a pension is paid under this Act to a person who first received the pension after December 31, 1989, but before January 1, 1997, the amount of that pension shall be adjusted as of the first day of each year, commencing with the year following the year in which the pension was first received, 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.
10.4(2)Notwithstanding subsection (1), any increase in the amount of pension payable under this Act by virtue of any adjustment made under subsection (1) relating to any period before January 1, 1997, shall be implemented
(a) so as to be effective January 1, 1997, and
(b) without any retroactive payment being made in respect of any period before January 1, 1997.
10.4(3)Repealed: 2013, c.44, s.27
1997, c.45, s.1; 2013, c.44, s.27
Adjustment of pension first paid to beneficiary after December 31, 1996
10.5(1)Where a pension is paid under this Act to a person who first received the pension after December 31, 1996, 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.
10.5(2)Notwithstanding subsection (1), the first adjustment under subsection (1) shall be the amount determined by multiplying the increase, if any, that would otherwise be payable under subsection (1) 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.
10.5(3)Notwithstanding subsection (1), any increase in the amount of pension payable under this Act by virtue of any adjustment made under subsection (1) relating to any period before January 1, 2001, shall be implemented
(a) so as to be effective January 1, 2001, and
(b) without any retroactive payment being made in respect of any period before January 1, 2001.
10.5(4)Repealed: 2013, c.44, s.27
2001, c.5, s.2; 2013, c.44, s.27
Right of member to annual pension
11A member who has to his credit ten or more sessions of pensionable service and ceases to be a member is entitled to an annual pension.
1968, c.8, s.11; 1970, c.30, s.2; 1978, c.36, s.5; 1978, c.81, s.1
Pension of member who was also minister
12(1)In this section “average salary” means the average annual salary received by a minister during the period of three successive years during which his salary was highest, or, in the case of a minister having less than three years pensionable service as a minister, the average annual salary received by him as a minister.
12(2)A member who is receiving or entitled to receive an annual pension under section 11 and has to his credit at least six months pensionable service as a minister is entitled, in addition to that annual pension, to a minister’s pension equal to three per cent of his average salary multiplied by the number of years of pensionable service to his credit as a minister.
1968, c.8, s.12; 1970, c.30, s.3; 1978, c.36, s.5.1; 1978, c.81, s.1
Surviving spouse’s pension
13(1)Subject to subsections (2), (3) and (4), upon the death of a person who at the time of his death
(a) was receiving an annual pension,
(b) was entitled to receive an annual pension suspended under subsection 18(2), or
(c) was a member who had to his credit ten or more sessions of pensionable service,
his surviving spouse is entitled to receive immediately a surviving spouse’s pension equal to one-half the amount calculated under sections 11 and 12.
13(2)Subject to section 15, a surviving spouse’s pension ceases to be payable upon the death of the surviving spouse.
13(3)A surviving spouse is not entitled to receive a surviving spouse’s pension if his spouse was receiving an annual pension prior to the date of their marriage unless he again became a member subsequent to that date.
13(4)If two persons claim the surviving spouse’s pension under this section, and one of those persons is a spouse because that person was married, other than in a void or voidable marriage, to the person referred to in subsection (1) at the time of that person’s death, that spouse is entitled to the surviving spouse’s pension, if otherwise eligible and subject to subsection 20.01(3), unless there is a valid written agreement between the person referred to in subsection (1) and that spouse, or a court order or judgment, that bars that spouse’s claim.
1968, c.8, s.13; 1970, c.30, s.4; 1974, c.27 (Supp.), s.4; 1978, c.36, s.6; 1978, c.81, s.1; 1993, c.65, s.5; 1998, c.35, s.2; 2001, c.5, s.2
Children’s pension
14(1)Subject to subsections (2) and (3), where a person described in subsection 13(1) does not leave a surviving spouse or where a surviving spouse’s pension ceases to be payable, a children’s pension equal to the surviving spouse’s pension is payable immediately in equal shares to those children who have not attained the age of eighteen years.
14(2)For the purpose of subsection (1), a child of eighteen years or more who is incapable of pursuing regularly any substantially gainful employment is deemed to be a child not having attained the age of eighteen years.
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 himself or to such other person as the Minister designates.
1968, c.8, s.14; 1974, c.27 (Supp.), s.5
Mode of payment of annual pension
15Where a pension becomes payable under this Act, it shall be paid in equal monthly instalments in arrears and continues, subject to this Act, during the lifetime of the recipient and thereafter until the end of the month in which he dies and any amount in arrears thereof that remains unpaid at the time of his death shall be paid
(a) to the recipient’s surviving spouse who is entitled to the surviving spouse’s pension under section 13,
(b) if there is no surviving spouse or he cannot be found, to the children of the recipient, or
(c) if there are no children or they cannot be found, to the estate of the recipient.
1968, c.8, s.15; 1974, c.27 (Supp.), s.6; 1998, c.35, s.2
Death of member without issue or surviving spouse
16Where a person described in subsection 13(1) does not leave a surviving spouse or children to whom a pension is payable under this Act, the amount by which his contributions exceed any benefit received by him or on his behalf shall be paid to his estate.
1968, c.8, s.16; 1974, c.27 (Supp.), s.6
Effect of cessation of surviving spouse’s or children’s pension
17Where for any reason a surviving spouse’s pension or children’s pension ceases to be payable and no one remains to whom a pension is consequently payable, the amount by which the member’s contributions exceed all benefits derived therefrom shall be paid to the person whose pension so ceased or to that person’s estate.
1968, c.8, s.17; 1974, c.27 (Supp.), s.6
Suspension of pension
18(1)In this section
“full time employment” means employment in the Public Service requiring continuous service in an office or position and that the employee work at least 29 hours per week;(emploi à plein temps )
“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 )
18(2)A person’s entitlement to receive an annual pension is suspended while the person is
(a) a person employed in full time employment in the Public Service,
(b) a person, other than a person referred to in paragraph (a), who, in respect of that person’s employment, is required to participate in a pension plan sponsored by the Province,
(c) a judge appointed in accordance with the Provincial Court Act,
(d) a judge who is subject to the Judges Act (Canada),
(e) a senator of Canada,
(f) a member of the House of Commons of Canada,
(g) the Lieutenant-Governor of New Brunswick if appointed as Lieutenant-Governor on or after the commencement of this paragraph, or
(h) the Governor General of Canada if appointed as Governor General on or after the commencement of this paragraph.
1968, c.8, s.18; 1993, c.65, s.6; 2001, c.5, s.2; 2013, c.44, s.27
Person to manage recipient’s affairs
19Where, for any reason, a recipient of a benefit is unable to manage his own affairs, the Minister may designate a proper person to receive payment on his behalf of any amount that is payable to him under this Act.
1968, c.8, s.19
Freedom of benefits from legal process, debt as set-off
20(1)The interest of any member in the Members Superannuation Account and his entitlement to any benefit under this Act are not subject to seizure or any legal process and are not assignable.
20(2)Notwithstanding subsection (1), where any member is indebted to the Province in a specific sum of money, the Comptroller may retain by way of deduction or setoff the amount of any such indebtedness out of any benefit payable to him under this Act.
1968, c.8, s.20; 2013, c.32, s.21
Division of benefits on marriage breakdown
20.01(1)Notwithstanding subsection 20(1) and 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.
20.01(2)The portion of the benefit to which a spouse of a member or minister, or of a former member or former minister, is entitled to under a decree, order or judgment referred to in subsection (1) shall be dealt with in accordance with the regulations.
20.01(3)If a benefit has been divided under subsection (1), the spouse has no further right
(a) to a division of any other benefit of the member or minister, or of the former member or former minister,
(b) to a surviving spouse’s pension with respect to the member or minister, or the former member or former minister, or any other benefit or amount payable to the spouse under this Act by virtue of being the spouse of the member or minister, or the former member or former minister, or
(c) in relation to the Members Superannuation Account,
and the benefit of the member or minister, or of the former member or former minister, shall be revalued in accordance with the regulations.
20.01(4)Notwithstanding subsection 20(1) and any other provision of this Act, where a written agreement in settlement of rights arising as a consequence of marriage breakdown that is entered into on or after January 1, 1997, 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.
20.01(5)Subsections (2) and (3) apply with the necessary modifications to a division of a benefit under subsection (4).
20.01(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.
20.01(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.
20.01(8)Subject to subsection (9), 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 Superannuation Account.
20.01(9)Where an amount of a benefit of a member or minister, or of a former member or former minister, is retained by way of deduction or setoff under subsection 20(2), the portion of the benefit to which the spouse of that member or minister, or of that former member or former minister, is entitled under this section, shall not be reduced by such amount.
1997, c.56, s.2; 1998, c.35, s.2
Regulations
20.02(1)The Lieutenant-Governor in Council may make regulations
(a) respecting the determination of the commuted value of a benefit for the purposes of section 20.01;
(b) respecting the circumstances and manner in which the portion of the benefit to which a spouse of a member or minister, or of a former member or former minister, is entitled under section 20.01, may be dealt with, including, without limiting the generality of the foregoing, the types of instruments to which the portion may be transferred and the types of instruments that may be purchased with the portion;
(c) respecting the revaluation of benefits under section 20.01;
(d) respecting any other matter relating to a benefit to be divided on marriage breakdown;
(e) defining any word or expression used but not defined in section 20.01.
20.02(2)A regulation under subsection (1) may be made retroactive to January 1, 1997, or to any date after January 1, 1997.
1997, c.56, s.2
Repealed
20.1Repealed: 1992, c.71, s.2
1992, c.71, s.1, 2
Annual report of Minister
21Each year the Minister shall lay before the Legislative Assembly a report on the administration of this Act during the preceding fiscal year including a statement showing the amounts paid into and out of the Members Superannuation Account during that year and the number of persons receiving benefits under this Act.
1968, c.8, s.21
Regulations
22(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.
22(2)A regulation under subsection (1) may be made retroactive.
1.1
BENEFITS ON OR AFTER APRIL 1, 2008
2011, c.35, s.20
Right of member to annual pension
22.1(1)Despite the definition of “annual pension” in subsection 1(1), a person who ceases to be a member on or after April 1, 2008, and who has to his or her credit at least ten sessions of pensionable service is entitled to an annual pension calculated in accordance with subsection (2).
22.1(2)The annual pension referred to subsection (1) is equal to 3% 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, the pension shall not exceed the indemnity in effect at the time he or she ceases to be a member.
2011, c.35, s.20
Adjustment of pension
22.2(1)Despite section 10.5, if a pension is paid under this Act in respect of a person who ceases to be a member on or after April 1, 2008, the amount of that 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.
22.2(2)Despite subsection (1), the first adjustment under subsection (1) shall be the amount determined by multiplying the increase, if any, that would otherwise be payable under subsection (1) 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 cessation of employment or death took place in the year preceding the year in which the first adjustment is made.
22.2(3)Repealed: 2013, c.44, s.27
2011, c.35, s.20; 2013, c.44, s.27
Minimum pension
22.3(1)Despite section 22.1, the amount of annual pension to which a person who ceases to be a member on or after April 1, 2008, is entitled shall not be less than the amount of annual pension to which he or she would have been entitled if he or she had ceased to be a member before April 1, 2008, having the same period of pensionable service to his or her credit.
22.3(2)If there is a shortfall between the minimum amount of annual pension in subsection (1) and the annual pension to which a person is entitled, the shortfall shall be payable out of the Consolidated Fund.
2011, c.35, s.20
No repayment of excess benefits paid
22.4If, between April 1, 2008, and July 31, 2011, both dates inclusive, a person receives a benefit payment in excess of the benefit to which the person is entitled, the person is not required to repay the excess amount.
2011, c.35, s.20
Application of Parts 1, 2 and 3
22.5Subject to sections 22.1 to 22.4, the provisions of Parts 1, 2 and 3 apply with the necessary modifications to a benefit paid in respect of a person who ceases to be a member on or after April 1, 2008.
2011, c.35, s.20
2
ALLOWANCE FOR SURVIVING SPOUSES
2007, c.50, s.2
Allowance payable to a surviving spouse
23(1)Subject to subsections (2) to (7), upon the death of a person who was receiving an annual pension prior to the date of his or her marriage to his or her surviving spouse, that surviving spouse is entitled to receive immediately an allowance equal to one-half the amount calculated under section 11 or 22.1, as the case may be, and section 12.
23(2)A surviving spouse who is entitled to a surviving spouse’s pension is not entitled to an allowance under this Part.
23(3)Where a person described in subsection (1) dies within one year after the date of his or her marriage, no allowance 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 an allowance.
23(4)Subsection (3) applies whether the marriage occurs before, on or after the commencement of this subsection.
23(5)For the purposes of subsection (3), the surviving spouse must show the Minister that the marriage was entered into in good faith.
23(6)A children’s pension is not payable at the same time as an allowance is being paid to a surviving spouse.
23(7)A children’s pension is payable upon the death of a surviving spouse who was receiving an allowance under this Part.
2007, c.50, s.2; 2011, c.35, s.21
Allowance payable out of the Consolidated Fund
24An allowance payable under this Part shall be paid out of the Consolidated Fund.
2007, c.50, s.2
Annual adjustment of allowance
25Section 10.5 applies with the necessary modifications to an allowance under this Part, except that the reference to “December 31, 1996” in subsection 10.5(1) shall be read as a reference to “December 31, 2006” and the references to “January 1, 2001” in subsections 10.5(1) and (3) shall be read as references to “January 1, 2008”.
2007, c.50, s.2
Annual adjustment of allowance on or after April 1, 2008
25.1Section 22.2 applies with the necessary modifications to an allowance under this Part.
2011, c.35, s.22
Repealed
26Repealed: 2008, c.45, s.19
2007, c.50, s.2; 2008, c.45, s.19
Payment of allowance
27Except as otherwise provided in this Part, an allowance payable under this Part shall be paid at the same time, in the same manner and under the same terms and conditions as a surviving spouse’s pension is or would be payable under Part 1, and the provisions of Part 1 apply, with the necessary modifications, in relation to the payment of an allowance payable under this Part.
2007, c.50, s.2
3
ALLOWANCE FOR COMMON-LAW PARTNERS
2008, c.45, s.19
Allowance payable to a surviving common-law partner
28(1)Upon the death of a person described in subsection 13(1) who does not have a surviving spouse or whose surviving spouse is not entitled to a surviving spouse’s pension or an allowance under section 23, such person’s surviving common-law partner is entitled to receive immediately an allowance equal to ½ of the amount calculated under section 11 or 22.1, as the case may be, and section 12.
28(2)A children’s pension is not payable at the same time as an allowance is being paid to a surviving common-law partner.
28(3)A children’s pension is payable upon the death of a surviving common-law partner who was receiving an allowance under this Part.
2008, c.45, s.19; 2011, c.35, s.23
Annual adjustment of allowance
29Section 10.5 applies with the necessary modifications to an allowance under this Part, except that the reference to “December 31, 1996” in subsection 10.5(1) shall be read as a reference to “December 31, 2007” and the references to “January 1, 2001” in subsections 10.5(1) and (3) shall be read as references to “January 1, 2009”.
2008, c.45, s.19
Annual adjustment of allowance on or after April 1, 2008
29.1Section 22.2 applies with the necessary modifications to an allowance under this Part.
2011, c.35, s.24
Return of contributions
30(1)If no person is paid a return of contributions under paragraph 10(2)(a), an amount equal to the return of contributions shall be paid to the member’s surviving common-law partner if he or she can be found and would have been entitled to receive an allowance under section 28 at the time of the member’s death had the member had to his or her credit 10 or more sessions of pensionable service.
30(2)A return of contributions shall not be paid to the member’s children or estate under paragraph 10(2)(b) or (c) if an amount is paid to the member’s surviving common-law partner under subsection (1).
2008, c.45, s.19
Amount in arrears
31(1)If the recipient was a member and no person is paid an amount in arrears under paragraph 15(a), an amount equal to the amount in arrears shall be paid to the recipient’s surviving common-law partner if he or she can be found and is entitled to receive an allowance under section 28.
31(2)An amount in arrears shall not be paid to the recipient’s children or estate under paragraph 15(b) or (c) if an amount is paid to the recipient’s surviving common-law partner under subsection (1).
2008, c.45, s.19
Consolidated Fund
32(1)An allowance payable under this Part shall be paid out of the Consolidated Fund.
32(2)An amount payable under section 30 or 31 shall be paid out of the Consolidated Fund.
2008, c.45, s.19
Breakdown of a common-law partnership
33Section 20.01 and any regulation made under section 20.02 apply with the necessary modifications to the breakdown of a common-law partnership and any references in those provisions to “marriage”, “marriage breakdown” and “spouse” shall be read as references to “common-law partnership”, “the breakdown of a common-law partnership” and “common-law partner”, respectively.
2008, c.45, s.19
Payment of allowance
34Except as otherwise provided in this Part, an allowance payable under this Part shall be paid at the same time, in the same manner and under the same terms and conditions as a surviving spouse’s pension would be payable under Part 1, and the provisions of Part 1 apply, with the necessary modifications, in relation to the payment of an allowance payable under this Part.
2008, c.45, s.19
4
BENEFITS AND ALLOWANCES ON OR AFTER JULY 1, 2014
2014, c.27, s.2
Modification of vested or accrued benefits
35(1)Despite any other provision of this Act, on and after July 1, 2014, all benefits, including adjustments made to those benefits in accordance with sections 10.1 to 10.5 and 22.2 and shortfalls payable under subsection 22.3(2), that were earned, accrued or vested before July 1, 2014, may be revoked, suspended, increased or reduced by Treasury Board.
35(2)Despite any other provision of this Act, on and after July 1, 2014, all allowances payable under Parts 2 and 3, including adjustments to those allowances provided for in sections 25, 25.1, 29 and 29.1 and made in accordance with sections 10.1 to 10.5 and 22.2, that were earned, accrued or vested before July 1, 2014, may be revoked, suspended, increased or reduced by Treasury Board.
35(3)Treasury Board may only exercise its authority under subsection (1) or (2) in a manner and by an amount that is consistent with the manner in which and the amount by which the administrator of the pension plan converted to a shared risk plan in accordance with An Act Respecting Public Service Pensions revokes, suspends, increases or reduces base benefits or ancillary benefits under that plan.
2014, c.27, s.2; 2016, c.37, s.104
Immunity
36(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.
36(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:
(a) the enactment of, or the exercise of authority under, section 35;
(b) a breach of any legal duty or obligation arising out of the enactment of, or the exercise of authority under, section 35; or
(c) a breach of any contract or trust, including a document that creates or supports a pension plan or pension fund, arising out of the enactment of, or the exercise of authority under, this Act.
2014, c.27, s.2
N.B. This Act is consolidated to December 20, 2019.