25

 


 

Third Session, 48th General Assembly

67 Elizabeth II, 2018

BILL 25

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

Received and Read the First Time.................................................................................................

Second Reading.................................................................................................................................

Committee..........................................................................................................................................

Third Reading.....................................................................................................................................

Royal Assent......................................................................................................................................

HONOURABLE TOM OSBORNE

Minister of Finance and President of Treasury Board

Ordered to be printed by the Honourable House of Assembly

 

EXPLANATORY NOTES

This Bill would amend the Other Post-Employment Benefits Eligibility Modification Act to prescribe

·         the eligibility requirements to qualify for other post-employment benefits for non-represented public sector employees hired on or after June 1, 2018; and

·         the percentage of premiums a non-represented public sector employee hired on or after June 1, 2018 who qualifies for other post-employment benefits is required to pay upon retirement.


A BILL

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

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).