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Statutes of Newfoundland and Labrador 2008


CHAPTER 23

AN ACT TO AMEND THE MEMBERS OF THE HOUSE OF ASSEMBLY RETIRING ALLOWANCES ACT, THE PROVINCIAL COURT JUDGES’ PENSION PLAN ACT, THE PUBLIC SERVICE PENSIONS ACT, 1991, THE TEACHERS’ PENSIONS ACT AND THE UNIFORMED SERVICES PENSIONS ACT, 1991

(Assented to June 4, 2008)

Analysis


              MEMBERS OF THE HOUSE OF ASSEMBLY RETIRING ALLOWANCES ACT

        1.   S.12 Amdt.
Pre-retirement death

        2.   S.13 Amdt.
Registered survivor benefit

        3.   S.21 Amdt.
Pre-retirement death

        4.   S.22 Amdt.
Supplementary survivor benefit

              PROVINCIAL COURT JUDGES' PENSION PLAN ACT

        5.   S.12 Amdt.
Pre-retirement death

        6.   S.13 Amdt.
Registered survivor benefit

        7.   S.22 Amdt.
Pre-retirement death

        8.   S.23 Amdt.
Supplementary survivor benefit

              PUBLIC SERVICE PENSIONS ACT, 1991

        9.   S.23 Amdt.
Survivor benefit

      10.   S.23.1 Amdt.
Death of employee

      11.   S.23.2 Added
Transitional

              TEACHERS’ PENSIONS ACT

      12.   S.26 Amdt.
Survivor benefits

      13.   S.27.1 Amdt.
Death of employee

      14.   S.28.1 Added
Transitional

              UNIFORMED SERVICES PENSIONS ACT, 1991

      15.   S.24 Amdt.
Survivor benefit

      16.   S.24.1 Amdt.
Death of employee

      17.   Ss.24.2 Added
Transitional

 

      18.   Commencement


Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

MEMBERS OF THE HOUSE OF ASSEMBLY RETIRING ALLOWANCES ACT

SNL2005 cM-6.1
as amended

        1. (1) Subsection 12(1) of the Members of the House of Assembly Retiring Allowances Act is amended by adding immediately before the word "member" the word "vested".

             (2)  Subsection 12(2) of the Act is repealed and the following substituted:

             (2)  If a vested member dies before receiving a registered allowance and there is no principal beneficiary entitled to a survivor benefit under section 13, the commuted value of the entitlement of the member under this Part, calculated as of his or her date of death, shall be paid to the estate of the member.

 

        2. Subsections 13(4) and (5) of the Act are repealed and the following substituted:

             (4)  Where a pensioner or vested member referred to in subsection (1) dies leaving a surviving principal beneficiary who dies after that pensioner or vested member, the survivor benefit shall be paid to or for the benefit of his or her surviving children while they are under the age of 18 years, or under the age of 25 years while they are in full-time attendance at a recognized school or post-secondary institution.

             (5)  Where for any reason a survivor benefit ceases to be payable, the amount by which the member's contributions, together with interest to the date the benefit commenced at a rate prescribed by the Minister of Finance, exceeds all benefits received from the registered plan shall be paid to the person whose benefit ceased or to that person's estate.

 

        3. (1) Subsection 21(1) of the Act is amended by adding immediately before the word "member" the word "vested".

             (2)  Subsection 21(2) of the Act is repealed and the following substituted:

             (2)  If a vested member dies before receiving a supplementary allowance and there is no principal beneficiary entitled to a survivor benefit payable under section 22, the commuted value of the entitlement of the member, calculated as of his or her date of death, shall be paid to the estate of the member.

 

        4. Subsection 22(5) of the Act is repealed and the following substituted:

             (5)  Where a pensioner or vested member referred to in subsection (1) dies leaving a surviving principal beneficiary who dies after that pensioner or vested member, 1/3 of the survivor benefit shall be paid to or for the benefit of each of his or her surviving children or, where the total amount payable under this section would exceed the maximum benefit payable under this Act, the survivor benefit shall be divided equally among all of the eligible children.

PROVINCIAL COURT JUDGES' PENSION PLAN ACT

SNL2004 cP-29.1 as amended

        5. (1) Subsection 12(1) of the Provincial Court Judges’ Pension Plan Act is amended by adding immediately before the word "judge" the word "vested".

             (2)  Subsection 12(2) of the Act is repealed and the following substituted:

             (2)  If a vested judge dies before receiving a registered allowance and there is no principal beneficiary entitled to a survivor benefit under section 13, the commuted value of the entitlement of the judge under this Part, calculated as of the date of death, shall be paid to the estate of the judge.

 

        6. Subsections 13(3) and (4) of the Act are repealed and the following substituted:

             (3)  The survivor benefit shall be paid to the surviving principal beneficiary for life and shall commence on the first day of the month following the month in which the pensioner or vested judge dies.

             (4)  Where a pensioner or vested judge referred to in subsection (1) dies leaving a surviving principal beneficiary who dies after that pensioner or vested judge, the survivor benefit shall be paid to or for the benefit of his or her surviving children while they are under the age of 18 years, or under the age of 25 years while they are in full-time attendance at a recognized school or post-secondary institution.

 

        7. (1) Subsection 22(1) of the Act is amended by adding immediately before the word "judge" the word "vested".

             (2)  Subsection 22(2) of the Act is repealed and the following substituted:

             (2)  If a vested judge dies before receiving a supplementary allowance and there is no principal beneficiary entitled to a survivor benefit under section 23, the commuted value of the entitlement of the judge, calculated as of the date of death, shall be paid to the estate of the judge.

 

        8. Subsection 23(4) of the Act is repealed and the following substituted:

             (4)  Where a pensioner or vested judge referred to in subsection (1) dies leaving a surviving principal beneficiary who dies after that pensioner or vested judge, the survivor benefit shall be paid to or for the benefit of his or her surviving children while they are under the age of 18 years, or under the age of 25 years while they are in full-time attendance at a recognized school or post-secondary institution.

PUBLIC SERVICE PENSIONS ACT, 1991

SNL1991 c12
as amended

        9. Subsection 23(5) of the Public Service Pensions Act, 1991 is repealed and the following substituted:

             (5)  Where a pensioner referred to in subsection (1) dies leaving no surviving principal beneficiary, the survivor benefit shall be paid to or for the benefit of his or her surviving children, while they are under the age of 18 years, or under the age of 24 years while they are in full-time attendance at a recognized school or post-secondary institution.

 

      10. (1) Subsection 23.1(1) of the Act is amended by adding immediately after the word "service" the phrase "or a deferred pensioner".

             (2)  Subsection 23.1(2) of the Act is repealed and the following substituted:

             (2)  Where an employee with at least 5 years of pensionable service or a deferred pensioner dies before receiving a pension and there is no principal beneficiary entitled to a survivor benefit under section 23, the commuted value of the pension entitlement of the employee or a deferred pensioner, calculated as of the date of death, shall be transferred to the employee's or deferred pensioner's estate and subsections 7(2), (3) and (4) apply to the transfer.

 

      11. The Act is amended by adding immediately after section 23.1 the following:

Transitional

   23.2 (1) A child who is receiving a survivor benefit when this section comes into force who is a child of a deceased employee or deferred pensioner who died without a principal beneficiary after December 13, 1999 is entitled to

             (a)  continue to receive the survivor benefit while he or she is under the age of 18 years, or under the age of 24 years while in full-time attendance at a recognized school or post-secondary institution; or

             (b)  be paid the commuted value of his or her entitlement determined at the date of the death of the deceased employee or deferred pensioner, less any payments already received by the child at the date of election.

             (2)  Where the total survivor benefit paid under subsection (1) is less than the deceased employee's or deferred pensioner's commuted value at the date of death, the difference in the commuted value and the total survivor benefit paid shall be paid to the estate of the deceased employee or deferred pensioner.

             (3)  Notwithstanding the entitlements referred to in subsection (1), where a deceased employee or deferred pensioner had more than one child, the children shall elect jointly and there shall be only one election for the payment of the entitlements.

             (4)  Unless an election is made under subsection (1), a survivor benefit shall be continued as if continuation under paragraph (1)(a) had been elected.

TEACHERS’ PENSIONS ACT

SNL1991 c17
as amended

      12. Subsections 26(2) and (3) of the Teachers’ Pensions Act are repealed and the following substituted:

             (2)  Where a surviving principal beneficiary dies while in receipt of a survivor benefit, the survivor benefit shall be paid to or for the benefit of any surviving children of the employee, pensioner or deferred pensioner, while they are under the age of 18 years, or under the age of 24 years while they are in full-time attendance at a recognized school or post-secondary institution.

       (3) Where a pensioner referred to in subsection (1) dies leaving no surviving principal beneficiary, the survivor benefit shall be paid to or for the benefit of his or her surviving children, while they are under the age of 18 years, or under the age of 24 years while they are in full-time attendance at a recognized school or post-secondary institution.

 

      13.           Subsection 27.1(2) of the Act is repealed and the following substituted:

             (2)  Where a teacher with at least 5 years of pensionable service or a deferred pensioner dies before receiving a pension and there is no principal beneficiary entitled to a survivor benefit under section 26, the commuted value of the pension entitlement of the teacher or the deferred pensioner, calculated as of the date of death, shall be transferred to the teacher's or deferred pensioner's estate and subsections 9(3), (4) and (5) apply to the transfer.

 

      14. The Act is amended by adding immediately after section 28 the following:

Transitional

   28.1 (1) A child who is receiving a survivor benefit when this section comes into force who is a child of a deceased teacher or deferred pensioner who died without a principal beneficiary after December 12, 2005 is entitled to

             (a)  continue to receive the survivor benefit while he or she is under the age of 18 years, or under the age of 24 years while in full-time attendance at a recognized school or post-secondary institution; or

             (b)  be paid the commuted value of his or her entitlement determined at the date of the death of the deceased teacher or deferred pensioner, less any payments already received by the child at the date of election.

             (2)  Where the total survivor benefit paid under subsection (1) is less than the deceased teacher's or deferred pensioner's commuted value at the date of death, the difference in the commuted value and the total survivor benefit paid shall be paid to the estate of the deceased teacher or deferred pensioner.

             (3)  Notwithstanding the entitlements referred to in subsection (1), where the deceased teacher or deferred pensioner had more than one child, the children shall elect jointly and there shall be only one election for payment of the entitlement.

             (4)  Unless an election is made under subsection (1), a survivor benefit shall be continued as if continuation under paragraph (1)(a) had been elected.

UNIFORMED SERVICES PENSIONS ACT, 1991

SNL1991 c19
as amended

      15. Subsection 24(5) of the Uniformed Services Pensions Act, 1991 is amended by deleting the comma immediately after the word "pensioner" the first time it occurs and by deleting the phrase "deferred pensioner or employee".

 

      16. (1) Subsection 24.1(1) of the Act is amended by adding immediately after the word "employee" the phrase "with at least 5 years of pensionable service".

             (2)  Subsection 24.1(2) of the Act is repealed and the following substituted:

             (2)  Where an employee with at least 5 years of pensionable service or a deferred pensioner dies before receiving a pension and there is no principal beneficiary entitled to a survivor benefit under section 24, the commuted value of the employee's pension, calculated as of the date of death, shall be paid to the estate of the employee and subsections 9(2), (3) and (4) apply to the transfer.

 

      17. The Act is amended by adding immediately after section 24.1 the following:

Transitional

   24.2 (1) A child who is receiving a survivor benefit when this section comes into force who is a child of a deceased employee or deferred pensioner who died without a principal beneficiary after December 12, 2001  is entitled to

             (a)  continue to receive the survivor benefit while he or she is under the age of 18 years, or under the age of 24 years while in full-time attendance at a recognized school or post-secondary institution; or

             (b)  be paid the commuted value of his or her entitlement determined at the date of the death of the deceased employee or deferred pensioner, less any payments already received by the child at the date of election.

             (2)  Where the total survivor benefit paid under subsection (1) is less than the deceased employee's or deferred pensioner's commuted value at the date of death, the difference in the commuted value and the total survivor benefit paid shall be paid to the estate of the deceased employee or deferred pensioner.

             (3)  Notwithstanding the entitlements referred to in subsection (1), where a deceased employee or deferred pensioner had more than one child, the children shall elect jointly and there shall be only one election for the payment of the entitlement.

             (4)  Unless an election is made under subsection (1), a survivor benefit shall be continued as if continuation under paragraph (1)(a) had been elected.

Commencement

      18. (1) Sections 1 to 4 shall be considered to have come into force on December 16, 2005.

             (2)  Sections 5 to 8 shall be considered to have come into force on April 1, 2004.

             (3)  Sections 9 to 11 shall be considered to have come into force on December 14, 1999.

             (4)  Sections 12 to 14 shall be considered to have come into force on December 13, 2005.

             (5)  Sections 15 to 17 shall be considered to have come into force on December 13, 2001.