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Acts and Regulations

S-12.11 - Special Retirement Program Act

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CHAPTER S-12.11

Special Retirement Program Act

Assented to June 27, 1985

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

Repealed: 2013, c.44, s.4

Definitions

1In this Act

“contributor” means(cotisant)

(a) a person required by subsection 3(1) of the Public Service Superannuation Act to contribute to the Superannuation Account, and includes a person who, having ceased to be so required to contribute to the Superannuation Account, continues to be employed in any portion of public service set out in Schedule A, or

(b) a person employed in any portion of the public service set out in Schedule A who has elected to continue to contribute to the Teachers’ Pension Fund under the Teachers’ Superannuation Act, and who continues to so contribute, or a person who, having so elected but having ceased to be required to contribute to the Teachers’ Pension Fund, continues to be employed in any portion of the public service set out in Schedule A;

“deputy head” has the same meaning as it has in the Public Service Superannuation Act;(administrateur général)

“Minister” means the Chairman of the Board of Management and includes any person designated by him to act on his behalf;(Ministre)

“pensionable service” means any period of service to the credit of a contributor under the Public Service Superannuation Act or the Teachers’ Pension Act that may be used in the calculation of a benefit under those Acts.(service ouvrant droit à pension)

Administration

2The Minister shall administer this Act and may designate persons to act on his behalf.

Entitlement to pension

3Notwithstanding any provision to the contrary in the Public Service Superannuation Act or in the Teachers’ Pension Act, a contributor who is employed in any portion of the public service set out in Schedule A is entitled to an immediate pension under the Public Service Superannuation Act or the Teachers’ Pension Act, as the case may be, if

(a) the contributor’s fifty-fifth birthday occurs before October 1, 1985;

(b) the contributor’s age and pensionable service total eighty or more on September 30, 1985;

(c) the contributor has applied in writing on or after March 1, 1985 and before May 1, 1985, or such later date as the Board of Management may fix, for such immediate pension;

(d) the deputy head of the portion of the public service in which the contributor is employed recommends the immediate pension or, where the contributor is a deputy head, the Lieutenant-Governor in Council so recommends;

(e) the Board of Management approves the immediate pension; and

(f) the contributor ceases to be employed in the public service on or after April 1, 1985 but before October 1, 1985.

Addition to pensionable service

4For the purpose of calculating an immediate pension payable pursuant to section 3 there shall be added to the contributor’s pensionable service the lesser of

(a) the number of months required to give the contributor thirty-five years of pensionable service, or

(b) the number of months remaining before the contributor reaches the age of sixty-five years,

but in no case shall the number of months added exceed sixty months.

Calculation of immediate pension

5An immediate pension payable pursuant to section 3 shall be calculated in the same manner as an immediate pension is calculated under section 7 of the Public Service Superannuation Act or section 9 of the Teachers’ Pension Act, as the case may be.

Payment

6(1)An immediate pension payable pursuant to section 3 shall be paid out of the pension trust fund under the Public Service Superannuation Act, or out of the Teachers’ Pension Fund or the Consolidated Fund in accordance with section 26 of the Teachers’ Pension Act, as the case may be.

6(2)The Minister of Finance shall, at the request of the Board of Management, pay out of the Consolidated Fund and into the pension trust fund under the Public Service Superannuation Act or the Teachers’ Pension Fund under the Teacher’s Pension Act, as the case may be, amounts equal to the amounts payable out of those funds as a result of immediate pensions payable pursuant to section 3 that are in excess of benefits that would, but for this Act, be payable under the Public Service Superannuation Act or the Teachers’ Pension Act.

6(3)For the purpose of determining under subsection (2) the benefits that would, but for this Act, be payable under the Public Service Superannuation Act or the Teachers’ Pension Act, a person in receipt of an immediate pension pursuant to section 3 shall be deemed to have elected the annual allowance or immediate pension under the Public Service Superannuation Act or the Teachers’ Pension Act, as the case may be, to which that person would be entitled on the day the person ceases to be employed in the public service, payable when that person would first be eligible to receive payment.

Application of Public Service Superannuation Act and Teachers’ Pension Act

7(1)Subject to subsection (2), an immediate pension payable pursuant to section 3 shall be deemed to be an immediate pension under the Public Service Superannuation Act or the Teachers’ Pension Act, as the case may be, and the provisions of those Acts with respect to immediate pensions, to persons entitled to and in receipt of immediate pensions and to benefits generally, unless inconsistent with this Act, apply with respect to an immediate pension payable pursuant to section 3 and to a person who receives such pension.

7(2)Subsection 1(2) of the Public Service Superannuation Act and subsection 1(2) of the Teachers’ Pension Act do no apply in determining the age of a contributor under this Act.

Commencement

8This Act shall be deemed to have come into force on March 1, 1985.

SCHEDULE A

Alcoholism and Drug Dependency Commission of New Brunswick

Civil Service Commission

Department of Agriculture and Rural Development

Department of the Board of Management

Department of Commerce and Development

Department of Community Colleges

Department of Education

Department of the Environment