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RSNL1990 CHAPTER W-3

WAR SERVICE PENSIONS ACT

Amended:

2006 c40 s21

CHAPTER W-3

AN ACT RESPECTING THE COUNTING OF WAR SERVICE AS PENSIONABLE SERVICE

Analysis



Short title

        1. This Act may be cited as the War Service Pensions Act.

1975 No34 s1

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Interpretation

        2. (1) In this Act

             (a)  "employee" means a person, including a person retired on pension, to whom the Acts referred to in section 8 apply;

             (b)  "minister" means the minister appointed under the Executive Council Act to administer this Act; and

             (c)  "war service" means the total period of service of an employee during World War I, World War II and the Korean War in the Naval, Military or Air Forces of the Crown, the Crown in right of Canada or the Crown in right of the province and includes service in the Merchant Marine, the Auxiliary Forces, the Overseas Forestry Unit and the Rescue Tugs.

             (2)  For the purposes of paragraph (1)(c), war service during the Korean War is war service as a member of the forces referred to in section 14 of the National Defence Act (Canada) that left Canada or the United States, including Alaska, before June 27, 1953 to participate in military operations undertaken by the United Nations to restore peace in the Republic of Korea.

1975 No34 s2; 1978 c53 s1; 2006 c40 s21

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Counting of war service for pension

        3. War service which may not be counted as pensionable service under section 30 of theCivil Service Act, shall be counted as pensionable service of an employee, where the employee has performed not less than 10 years of pensionable service with the province before the addition of war service.

1975 No34 s3

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Recalculation

        4. (1) An employee who had war service and who retired on pension before April 1, 1975

             (a)  if still living, shall have his or her pension recalculated to include the employee's war service; or

             (b)  if deceased, his or her survivor's pension benefits shall be recalculated to include the war service of the deceased employee in the proportion that the relevant legislation provides.

             (2)  An increase of pension or survivor benefits under the various increase of pension Acts that came into force at the date of or before April 1, 1975 shall be applied before the crediting of war service.

             (3)  An increase of pension or survivor benefits resulting from a recalculation under subsection (1) is payable with effect from April 1, 1975 .

1975 No34 s4; 1979 c51 s34

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War service credited

        5. War service shall be credited for pensionable purposes for each year and a part of a year of war service

             (a)  at the rate provided for in the Act under which the employee is or has been retired; and

             (b)  where there is no rate provided for in the Act under which the employee is or has been retired, at the rate and in the manner provided for in the regulations.

1978 No53 s2

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Annual and sick leave

        6. The war service of an employee shall be counted for the purpose of calculating the annual and sick leave of an employee.

1975 No34 s6

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War service not counted

        7. (1) War service shall not be counted for pensionable purposes

             (a)  where the counting of the service would result in a refund of contributions made in respect of pensionable service earned by an employee before April 1, 1975; or

             (b)  where the employee was receiving or entitled to receive under his or her pension plan a maximum pension on March 31, 1975 .

             (2)  An employee who had war service before April 1, 1975 , shall be credited with all or a portion of his or her war service; the amount of war service so counted shall not yield more than the maximum pension under the pension plan of the employee.

             (3)  War service shall not be counted for pensionable purposes unless the period of war service is confirmed by the Department of Veterans Affairs ( Canada ) and is substantiated to the satisfaction of the minister.

1975 No34 s7

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Act to be read with

        8. This Act shall be read with and form part of

             (a)  theCivil Service Act;

             (b)  theRoyal Newfoundland Constabulary Act;

             (c)  theDeferred Pensions Act;

             (d)  The Education Act, 1927;

             (e)  theTeachers' Pensions Act;

              (f)  theMembers of the House of Assembly Contributory Pension Plan Act;

             (g)  thePublic Service Pensions Act, and

             (h)  theUniformed Services Pensions Act

and an Act substituted for a preceding Act.

1975 No34 s8; 1981 c79 s8

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Unestablished civil servant

        9. This Act shall apply to the war service of an unestablished civil servant, as defined in the Civil Service Act.

1975 No34 s9

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Regulations

     10. (1) The Lieutenant-Governor in Council may make regulations

             (a)  prescribing forms that are necessary for the administration of the Act;

             (b)  prescribing the rate and the manner of crediting war service under paragraph 5(b); and

             (c)  generally, to give effect to the purpose of this Act.

             (2)  Regulations made under subsection (1) may be made with retroactive effect.

1977 c110 s1; 1978 c53 s3