This is an official version.

Copyright © 2018: Queen's Printer,
St. John's, Newfoundland and Labrador, Canada

Important Information
(Includes details about the availability of printed and electronic versions of the Statutes.)

Statutes of Newfoundland and Labrador 2018


CHAPTER 26

AN ACT TO AMEND THE OTHER POST-EMPLOYMENT BENEFITS ELIGIBILITY MODIFICATION ACT

(Assented to May 31, 2018)

Analysis


        1.   S.2 Amdt.
Interpretation

        2.   S.3 Amdt.
Rights and eligibility extinguished

        3.   S.6.1 Added

              Non-represented public sector employees


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

SNL2014 cO-9

        1. (1) Subsection 2(1) of the Other Post-Employment Benefits Eligibility Modification Act is amended by renumbering paragraph (a) as paragraph (a.1) and adding immediately before that paragraph the following:

             (a)  "employee" means

                      (i)  a non-represented public sector employee, and

                     (ii)  a represented public sector employee;

             (2)  Subsection 2(1) of the Act is amended by adding immediately after paragraph (a.1) the following:

         (a.2)  "non-represented public sector employee" means a person employed with the government or a participating employer who is not a represented public sector employee;

             (3)  Subsection 2(1) of the Act is amended by deleting the word "and" at the end of paragraph (c) and by adding immediately after that paragraph the following:

          (c.1)  "represented public sector employee" means a person employed with the government or a participating employer in a position represented by a bargaining agent certified or recognized under an Act of the province; and

 

        2. Subsection 3(2) of the Act is repealed and the following substituted:

             (2)  Nothing in this section precludes the government or a participating employer from establishing an act or practice or entering into a contract or collective agreement respecting OPEB eligibility during the period after the coming into force of this Act and before June 1, 2018.

             (3)  Nothing in this section precludes the government or a participating employer from entering into a collective agreement with represented public sector employees respecting OPEB eligibility on or after June 1, 2018.

 

        3. The Act is amended by adding immediately after section 6 the following:

Non-represented public sector employees

      6.1 (1) Notwithstanding an act or practice established under subsection 3(2) or a contract entered into in accordance with subsection 3(2), a non-represented public sector employee who commences employment with the government or a participating employer on or after June 1, 2018 shall qualify for OPEB where he or she

             (a)  is eligible for a pension;

             (b)  has a minimum of 15 years of pensionable service at the date of his or her retirement; and

             (c)  retires and commences receipt of his or her pension immediately on ceasing employment with the government or a participating employer.

             (2)  A non-represented public sector employee who qualifies for OPEB under subsection (1) shall, upon retirement, pay

             (a)  85% of the required premiums for OPEB where he or she has 15 to 19 years of pensionable service at the date of his or her retirement;

             (b)  70% of the required premiums for OPEB where he or she has 20 to 24 years of pensionable service at the date of his or her retirement;

             (c)  55% of the required premiums for OPEB where he or she has 25 to 29 years of pensionable service at the date of his or her retirement; and

             (d)  50% of the required premiums for OPEB where he or she has 30 or more years of pensionable service at the date of his or her retirement.

             (3)  The government or a participating employer shall pay that portion of the required premiums for OPEB not required to be paid by a non-represented public sector employee under subsection (2).