1998, c.35, s.1; 2000, c.7, s.1; 2001, c.5, s.1; 2007, c.30, s.25; 2008, c.45, s.17; 2011, c.20, s.14; 2012, c.39, s.88; 2014, c.27, s.1; 2015, c.5, s.6; 2019, c.29, s.86
In this Act
“annual pension” means a pension described in section 10;(pension annuelle)
“benefit” means an annual pension, a minister’s pension, a surviving spouse’s pension, a surviving common-law partner’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 d’enfants)
“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 calculated and credited at rates not less than the rates, and in accordance with the requirements, prescribed by regulation under the Pension Benefits Act;(intérêt)
“member” means a member of the Legislative Assembly;(député)
“Members’ Pension Account” means the account in the Consolidated Fund established under section 4;(compte de pension 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 or a Deputy Speaker of the Legislative Assembly, and
(c) the Leader of the Opposition or a leader of any other registered political party in the Legislative Assembly;
“minister’s pension” means a pension described in section 11;(pension de ministre)
“pensionable service” means any period of service to the credit of a member or minister under this Act that may be used in calculating a benefit if the member or minister has received remuneration for such period in accordance with subparagraph 8503(3)(a)(i) of the Income Tax Regulations under the Income Tax Act (Canada), and, where applicable, includes any period of service to the credit of the member or minister under the Members Superannuation Act that may be used in calculating a benefit if the member or minister has received remuneration for such period in accordance with subparagraph 8503(3)(a)(i) of the Income Tax Regulations under the Income Tax Act (Canada);(service ouvrant droit à pension)
“return of contributions” means (remboursement de cotisations)
(b) a return of the amount, if any, credited to the Members’ Pension Account on behalf of the member under paragraph 3(3)(b);
“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 under the Legislative Assembly Act to the Speaker, a Deputy Speaker, the Leader of the Opposition and the leader of any other registered political party in the Legislative Assembly, but does not include any allowance or other amount paid to that person in respect of expenses;
“session” means a session of the Legislative Assembly;(session)
“spouse” Repealed: 2008, c.45, s.17
“surviving spouse’s pension” means a pension described in section 13.(pension de conjoint survivant)
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.
To 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.17
1998, c.35, s.1; 2008, c.45, s.17
(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.
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.
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.
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.
If 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.17
2008, c.45, s.17; 2014, c.27, s.1
Subject to subsection (3), this Act applies
(a) to members who were members on the commencement of this paragraph and who have elected, in accordance with section 3, to be subject to this Act,
(b) to members who first become members after the commencement of this paragraph,
(c) to former members who ceased to be members before the commencement of this paragraph and who again become members after the commencement of this paragraph,
This Act does not apply to members or former members to whom the Members Superannuation Act applies.
This Act does not apply
(a) to members who first become members on or after July 1, 2014;
(b) subject to subsection (4), to former members who ceased to be members before July 1, 2014, and who again become members on or after July 1, 2014;
(c) to the spouses, common-law partners and children of members referred to in paragraph (a); and
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.
2014, c.27, s.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:
(a) the amount of an annual pension that the member is entitled to under this Act; and
(b) the amount of a supplementary allowance, other than a supplementary allowance payable under section 23.1, that the member is entitled to under this Act.
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:
(a) the amount of a minister’s pension that the minister is entitled to under this Act; and
(b) the amount of a supplementary allowance that the minister is entitled to under section 23.1.
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.
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.
For the purposes of this Act, no member or minister shall be credited with more than one session per calendar year. 2000, c.1, s.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.
An election under subsection (1)
(a) shall be made in writing and shall be signed by the member,
(b) shall be forwarded to the Minister so that the Minister receives it at least ten days before the polling day of the first general provincial election after the commencement of this paragraph,
(c) is not effective until the Minister receives the election and unless the Minister receives the election within the time specified in paragraph (b), and
(d) is irrevocable.
Where a member referred to in subsection (1) elects, in accordance with this section, to be subject to this Act,
(a) this Act applies to the member as of the date the election becomes effective and the Members Superannuation Act ceases to apply,
(b) the contributions made by the member to the Members Superannuation Account under the Members Superannuation Act shall be credited on behalf of the member to the Members’ Pension Account, and
(c) any period of pensionable service to the credit of the member under the Members Superannuation Act shall be added to the member’s pensionable service for the purposes of this Act.
There is hereby established an account in the Consolidated Fund to be known as the Members’ Pension Account.
2000, c.7, s.2; 2011, c.35, s.1
A member shall contribute to the Members’ Pension Account an amount equal to the lesser of
(a) the amount of the annual maximum deductible contributions to a registered pension plan, as that amount is established under the Income Tax Act (Canada), and
(b) 9% of the member’s indemnity, and if the member is a minister, 9% of the minister’s salary.
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.
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.
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.
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).
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.
2000, c.7, s.3; 2001, c.5, s.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.
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.
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.
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.
2000, c.7, s.4; 2008, c.45, s.17
(a) shall be made in writing and signed by the member,
(c) is irrevocable.
(a) in a lump sum at the time of making the election, or
(b) in instalments together with interest, over a period determined by the Minister, which period shall not exceed the period of pensionable service in respect of which the election is made.
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.
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.
2000, c.7, s.5; 2016, c.37, s.103
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.
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).
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).
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.
1998, c.35, s.1; 2000, c.7, s.6; 2008, c.45, s.17
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.
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
(a) to the member’s surviving spouse if he or she can be found and would have been entitled to receive the surviving spouse’s pension under section 13 at the time of the member’s death had the member had to his or her credit 8 or more sessions of pensionable service,
(b) if no person is paid under paragraph (a), to the member’s surviving common-law partner if he or she can be found and would have been entitled to receive the surviving common-law partner’s pension under section 13 at the time of the member’s death had the member had to his or her credit 8 or more sessions of pensionable service,
Repealed: 2008, c.45, s.17
Repealed: 2000, c.7, s.6
2011, c.35, s.2
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).
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.
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.
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.
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.
(a) shall be made in writing and signed by the member,
(b) shall be forwarded to the Minister, and
(c) is irrevocable.
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.
Despite anything else in this Part or in Part III, 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 or the reduced supplementary allowance to which the person is entitled shall not exceed 75% 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. 2011, c.35, s.3
2011, c.35, s.4
In this section
“average salary” means the average annual salary received by a minister during the three successive years during which his or her salary was highest, or, in the case of a minister having fewer than three years of pensionable service as a minister, the average annual salary received by him or her as a minister.(traitement moyen)
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.
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).
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.
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.
2011, c.35, s.5
In this section, “average salary” means average salary as defined in subsection 11(1).(traitement moyen)
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.
Notwithstanding sections 10 and 11, the total amount of the annual pension and, where applicable, the minister’s pension, payable in any year to a person under this Part, in respect of pensionable service after December 31, 1991, shall not exceed, in relation to each session of pensionable service to his or her credit, an amount equal to $1,722.22 as established by the Income Tax Act (Canada), or such other amount that is established as the defined benefit limit under that Act in its stead, for the calendar year in which the pension commences.
1998, c.35, s.1; 2007, c.50, s.1; 2008, c.45, s.17
(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 or her credit eight or more sessions of pensionable service,
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.
Subsection (1.1) applies whether the marriage occurs before, on or after the commencement of this subsection.
For the purposes of subsection (1.1), the surviving spouse must show the Minister that the marriage was entered into in good faith.
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.
Repealed: 2007, c.50, s.1
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
(a) the surviving spouse was married to the person at the time of the person’s death, and
(b) the marriage of the surviving spouse and the person was not a void or voidable marriage.
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.
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
(a) a valid written agreement referred to in subsection (5), or
(b) a decree, order or judgment of a competent tribunal that bars the claim of the surviving spouse or surviving common-law partner.
2000, c.7, s.7; 2008, c.45, s.17
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
(a) under nineteen years of age and will not attain the age of nineteen in the calendar year that includes that time, or
(b) under twenty-five years of age and will not attain the age of twenty-five in the calendar year that includes that time and who are in full-time attendance at an educational institution.
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.
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.
A children’s pension ceases to be payable
(a) in the case of a child described in paragraph (1)(a), when the child reaches the age of nineteen years,
(b) in the case of a child described in paragraph (1)(b), when the child reaches the age of twenty-five years or ceases to be in full-time attendance at an educational institution, whichever occurs earlier, or
(c) in the case of a child described in subsection (2), if the child ceases to have a mental or physical infirmity.
2001, c.5, s.1; 2011, c.35, s.6
In this section
“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)
“pension index” means for each year, 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.(indice de pension)
This section applies to a pension paid in respect of a person who ceased to be a member before April 1, 2008.
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.
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.
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
(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.
2011, c.35, s.7
The following definitions apply in this section.
“Consumer Price Index” means Consumer Price Index as defined in subsection 14.1(1).(indice des prix à la consommation)
“pension index” means pension index as defined in subsection 14.1(1).(indice de pension)
This section applies to a pension paid in respect of a person who ceases to be a member on or after April 1, 2008.
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.
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.
2007, c.50, s.1; 2011, c.35, s.8
The following definitions apply in this section.
“Consumer Price Index” means Consumer Price Index as defined in subsection 14.1(1).(indice des prix à la consommation)
“pension index” means pension index as defined in subsection 14.1(1).(indice de pension)
This section applies to a deferred pension in respect of a person who ceased to be a member before April 1, 2008.
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.
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.
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
(a) so as to be effective January 1, 2007, and
(b) without any retroactive payment being made in respect of any period before January 1, 2007.
2011, c.35, s.9
The following definitions apply in this section.
“Consumer Price Index” means Consumer Price Index as defined in subsection 14.1(1).(indice des prix à la consommation)
“pension index” means pension index as defined in subsection 14.1(1).(indice de pension)
This section applies to a deferred pension in respect of a person who ceases to be a member on or after April 1, 2008.
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.
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.
If a benefit, other than a return of contributions, becomes payable under this Part, it shall be paid in equal monthly instalments in arrears and continues, subject to this Part, during the lifetime of the recipient, until the end of the month in which he or she dies and any amount in arrears that remains unpaid at the time of his or her death shall be paid 1998, c.35, s.1; 2008, c.45, s.17
(a) if the recipient was a member, to the recipient’s surviving spouse if he or she can be found and is entitled to receive the surviving spouse’s pension under section 13,
If a person described in subsection 13(1) dies without leaving a surviving spouse, surviving common-law partner or children to whom a pension is payable under this Part, the amount by which the person’s contributions, together with interest, exceed any benefit received by or on behalf of the person shall be paid to the person’s estate. 2008, c.45, s.17
Where for any reason a surviving spouse’s pension, surviving common-law partner’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, together with interest, exceed all benefits derived from the member’s contributions shall be paid to the person whose pension so ceased or to that person’s estate. 2008, c.45, s.17
2001, c.5, s.1; 2013, c.44, s.26
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 )
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.
Where, for any reason, a recipient of a benefit is unable to manage his or her own affairs, the Minister may designate a proper person to receive payment on his or her behalf of any amount that is payable to him or her under this Part.
2000, c.7, s.8; 2008, c.45, s.17
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,
(a) assignment does not include assignment pursuant to a decree, order or judgment of a competent tribunal or a written agreement in settlement of rights arising as a consequence of the breakdown of a marriage between a member or former member and his or her spouse or former spouse or the breakdown of a common-law partnership between a member or former member and his or her common-law partner or former common-law partner, nor does it include assignment by the legal representative of a deceased member or former member on the distribution of the estate of the member or former member, and
(b) surrender does not include a reduction in benefits to avoid the revocation of the registration under the Income Tax Act (Canada) of the pension plan provided for in this Part.
Repealed: 2000, c.7, s.8
1997, c.56, s.1; 1998, c.35, s.1; 2000, c.7, s.9; 2007, c.50, s.1; 2008, c.45, s.17
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.
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.
(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 or surviving common-law partner’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 or common-law partner under this Act by virtue of being the spouse or common-law partner of the member or minister, or the former member or former minister, or
(c) in relation to the Members’ Pension Account,
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.
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.
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.
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.
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.
Repealed: 2000, c.7, s.9
1997, c.56, s.1; 2008, c.45, s.17
The Lieutenant-Governor in Council may make regulations
(a) respecting the determination of the commuted value of a benefit for the purposes of section 20.1;
(b) respecting the circumstances and manner in which the portion of the benefit to which a spouse or common-law partner of a member or minister, or of a former member or former minister, is entitled under section 20.1, 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 20.1;
(d) respecting any other matter relating to a benefit to be divided on the breakdown of a marriage or common-law partnership;
(e) defining any word or expression used but not defined in section 20.1.
A regulation under subsection (1) may be made retroactive to January 1, 1997, or to any date after January 1, 1997.
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, on or after attaining fifty-five years of age, to a supplementary allowance in an amount equal to 125% of the annual pension calculated in accordance with subsection 10(2). 2011, c.35, s.10
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 sixty years of age, to a supplementary allowance in an amount equal to 50% of the annual pension calculated in accordance with subsection 10(2). 2011, c.35, s.11
2011, c.35, s.11
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.
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.
2000, c.7, s.10; 2011, c.35, s.12
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.
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:
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.
(a) shall be made in writing and signed by the member,
(b) shall be forwarded to the Minister, and
(c) is irrevocable.
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.
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.
A person referred to in section 21 who has to his or her credit at least six months of pensionable service as a minister is entitled, upon attaining fifty-five years of age or at such later time as he or she ceases to be a member, in addition to the supplementary allowance to which he or she is entitled under section 21, to a supplementary allowance in an amount equal to fifty per cent of the minister’s pension calculated in accordance with subsection 11(3), notwithstanding that the person may not have attained sixty years of age.
A person referred to in section 21.1 who has to his or her credit at least six months of pensionable service as a minister is entitled, on or after attaining sixty years of age, in addition to the supplementary allowance to which he or she is entitled under section 21.1, to a supplementary allowance in an amount equal to 50% of the minister’s pension calculated in accordance with subsection 11(3). 2011, c.35, s.13
2000, c.7, s.11; 2011, c.35, s.14
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.
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.
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.
2011, c.35, s.15
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.
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.
2008, c.45, s.17; 2011, c.35, s.16
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).
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).
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).
Members and ministers are not required to make contributions in respect of the supplementary allowances or reduced supplementary allowances payable under this Part.
Supplementary allowances and reduced supplementary allowances payable under this Part shall be paid out of the Consolidated Fund.
Except as otherwise provided in this Part, supplementary allowances and reduced supplementary allowances payable under this Part shall be paid at the same time, in the same manner and under the same terms and conditions as the corresponding benefits are or would be payable under Part II, and the provisions of Part II apply, with the necessary modifications, in relation to the payment of supplementary allowances and reduced supplementary allowances payable under this Part.
Section 14.1 applies with the necessary modifications to supplementary allowances and reduced supplementary allowances under this Part paid in respect of persons who ceased to be members before April 1, 2008. 2001, c.5, s.1; 2011, c.35, s.17
Section 14.11 applies with the necessary modifications to supplementary allowances and reduced supplementary allowances under this Part paid in respect of persons who cease to be members on or after April 1, 2008. 2011, c.35, s.18
If a person ceased to be a member before April 1, 2008, and again becomes a member on or after that date, sections 14.11, 14.3, 21.1, subsection 22(1.2), section 23.1 and subsection 24.1(1) apply with the necessary modifications to the person’s pensionable service in respect of any period before April 1, 2008. 2011, c.35, s.19
If, between April 1, 2008, and July 31, 2011, both dates inclusive, a person receives payment of a benefit, a supplementary allowance or a reduced supplementary allowance in an amount in excess of the amount to which the person is entitled, the person is not required to repay the excess amount. 2011, c.35, s.19
2014, c.27, s.1; 2016, c.37, s.103
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.
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.
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.
(b) a reduced supplementary allowance under Part III; and
(c) a shortfall payable in accordance with subsection 21.2(2).
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.
2014, c.27, s.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.
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:
(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.
The Minister shall administer this Act and may designate persons to act on the Minister’s behalf.
Each year the Minister shall lay before the Legislative Assembly a report on the administration of this Act during the preceding fiscal year which shall include
(a) a statement showing the number of persons receiving benefits under Part II and the amounts paid into and out of the Members’ Pension Account during that fiscal year, and
(b) a statement showing the number of persons receiving supplementary allowances or reduced supplementary allowances under Part III and the amount paid out of the Consolidated Fund as supplementary allowances and reduced supplementary allowances during that fiscal year.
1998, c.35, s.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.
A regulation under subsection (1) may be made retroactive.