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Statutes of Newfoundland 1991


CHAPTER 17

AN ACT TO REVISE AND AMEND THE LAW
RESPECTING A PENSION PLAN FOR TEACHERS

(Assented to May 31, 1991)

Analysis

1. Short title

2. Interpretation

3. Application

4. Excluded teachers

5. Pension plan

6. Contributions by teachers

7. Deductions paid to fund

8. Government contributions

9. Repayment of contributions

10. Purchase of prior teaching service

11. Purchase of prior substitute teaching service

12. Purchase of service with related plans

13. Purchase of special leave

14. Purchase of other service

15. Payment of contributions for prior service

16. Reciprocity

17. Right to a pension

18. Normal retirement

19. Disability retirement

20. Early retirement

21. Deferred pension

22. Calculation of pension

23. Suspension of pension

24. Re-employment before normal retirement age

25. Re-employment after normal retirement age

26. Survivor benefits

27. Designated beneficiary

28. Estate provision

29. When pensions payable

30. Payments out of fund

31. Pension not assignable

32. Attachment

33. Error or misrepresentation

34. Rectification

35. Committee

36. Marriage breakdown

37. Regulations

38. Appeal

39. Procedure

40. Conflict

41. Existing plan protected

42. Regulations under former Act

43. Income Tax Act requirements

44. Acts amended

45. Teachers with greater than 30 years

46. Teachers' training years

47. Teachers' ancillary pension plan

48. RSN 1970 c.319 Rep.

49. Commencement

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


Short title

1. This Act may be cited as the Teachers' Pensions Act.

Interpretation

2. (1) In this Act

(a) "child" includes a natural child, a stepchild or an adopted child;

(b) "designated beneficiary" means a dependent parent, grandparent, incapacitated child or other dependent relative of a teacher as may be prescribed;

(c) "former Act" means The Education (Teachers' Pensions) Act;

(d) "minister" means the Minister of Finance;

(e) "normal retirement age" means the end of the month in which a teacher reaches the age of 60 years, but not later than the end of the teaching year in which the teacher reaches the age of 60 years;

(f) "pension" means an annual pension payable to a former teacher in accordance with the pension plan;

(g) "pension fund" means the Province of Newfoundland Pooled Pension Fund established under The Pensions Funding Act;

(h) "pension plan" means the Teachers' Pension Plan referred to in this Act;

(i) "pensionable service" means service credited under the pension plan for the purpose of determining whether a teacher has qualified for a pension and the amount of the pension;

(j) "pensioner" means a person in receipt of a pension or survivor benefit under this Act;

(k) "prescribed" means prescribed by regulations made under this Act;

(l) "salary" means the normal remuneration paid to a teacher for the normal working period or other remuneration that may be prescribed;

(m) "spouse" means a person of the opposite sex

(i) to whom a teacher is married at the time of the teacher's death, or

(ii) who establishes to the satisfaction of the minister that the person has cohabited with the teacher for at least 12 consecutive months immediately before that teacher's death, provided that the person and the teacher held themselves out to the public as spouses of each other and there was no legal impediment to marriage between that person and the teacher;

(n) "survivor benefit" means a benefit payable to the spouse, child or designated beneficiary of a deceased teacher or pensioner;

(o) "teacher" means a person holding a valid and subsisting certificate of grade or licence not lower than the emergency supply licence issued under The Education (Teacher Training) Act, who is, subject to The Schools Act, appointed or employed by a board of directors or a school board to give instruction or to administer or supervise instructional services in a college or a public school and includes

(i) a district superintendent appointed under section 18 of The Schools Act,

(ii) an assistant district superintendent appointed under section 20 of The Schools Act, and

(iii) every person who is considered a teacher under section 3;

(p) "teaching service" means the total period during which a person who holds a valid certificate of grade or a licence is employed as a teacher in the province;

(q) "teaching year" means the 12 calendar months beginning on July 1; and

(r) "year of pensionable service" means 190 days of teaching service unless otherwise prescribed.

(2) Words and expressions used in paragraph 2(1)(o) and section 3 and defined by The Schools Act have the meaning assigned to them by that Act.

Application

3. (1) This Act applies to every teacher who

(a) teaches

(i) in a public school or a college and is paid from public funds allocated under The Schools Act, or is approved by the Minister of Education for the purposes of this Act, or

(ii) in a school operated by the Department of Education under section 48 of The Schools Act;

(b) has similar qualifications approved by the Minister of Education and is employed in a special school or in an institution in the province approved by the Minister of Education for the purposes of this Act and receives his or her total remuneration directly from public funds voted by the Legislature;

(c) has similar qualifications approved by the Teachers' Certification Committee established under The Education (Teacher Training) Act and is employed full time in the province to teach

(i) in a school,

(ii) in a private school,

(iii) in an institution for children with disabilities, or

(iv) a regular course for children with disabilities in a school,

where that school, institution or course has been approved under The Schools Act, and for the purposes of this section, approved by the minister, upon the recommendation of the General Advisory Committee established under The Department of Education Act, 1990; or

(d) is an administrative officer of the Newfoundland Teacher's Association by virtue of The Newfoundland Teachers' Association Act, 1974, and who was before his or her appointment

(i) a teacher to whom this Act or the former Act applied, or

(ii) a public servant to whom The Public Service (Pensions) Act applied, and

is considered to be, during his or her term of office as the administrative officer, a teacher for the purposes of the pension plan.

(2) Where a person is eligible to receive a pension under this Act that person shall, before receiving that pension, pay the pension contributions that are required by this Act for the period during which that person is considered to have done pensionable service, and if the required contributions are not paid, the period shall not be counted as pensionable service for the purpose of this Act.

Excluded teachers

4. Notwithstanding section 3, this Act does not apply to a teacher who

(a) is obliged to make contributions to a pension plan other than that provided by this Act; or

(b) is excluded from this Act by the regulations.

Pension plan

5. The pension plan provided for, by and under the former Act is continued, subject to this Act and the regulations, as the pension plan.

Contributions by teachers

6. (1) All teachers to whom the pension plan applies shall make the contributions set out in this section and in or under the other provisions of this Act.

(2) There shall be deducted from the salary of every teacher to whom the pension plan applies

(a) 6% of that salary; and

(b) other additional amounts that may be prescribed.

(3) Where contributions have been deducted from the salary of a teacher in excess of the amounts set out in subsection (2), those contributions shall be returned to the teacher together with interest at the prescribed rate.

Deductions paid to fund

7. All deductions made under this Act shall be deposited each month to the credit of the pension fund.

Government contributions

8. (1) The government of the province shall pay out of the Consolidated Revenue Fund and pay into the pension fund

(a) an amount equal to the contributions of teachers under this Act unless otherwise directed by this Act or the regulations; and

(b) an additional amount that may be prescribed.

(2) Excess government contributions required to match teacher contributions paid in accordance with subsection 6(3) shall be refunded to the government with interest at the prescribed rate.

Repayment of contributions

9. (1) Subject to the locking-in provisions of The Pension Benefits Act and to subsection (3), if a teacher to whom the pension plan applies is not entitled to a pension under the pension plan, the contributions made by that teacher together with interest at the prescribed rate, may, upon the teacher's election, be paid to the teacher, or if the teacher is not living to the teacher's personal representative, when

(a) the teacher dies before having completed 5 years of pensionable service;

(b) the teacher dies after completing 5 years of pensionable service but does not leave a spouse, child or designated beneficiary who is entitled to a survivor benefit; or

(c) the teacher terminated his or her employment, or the teacher's employment was terminated.

(2) The amount paid under paragraph 1(a) or (b) shall be twice the contributions made by the teacher together with interest at the prescribed rate.

(3) Where money is payable to the personal representative of a teacher under this section or another provision of this Act, the minister may, without probate or proof of title, pay or distribute a reasonable amount, whether that amount is the whole or part only of that sum, to or among 1 or more of the persons appearing to the minister to be the persons beneficially entitled to the estate of the deceased teacher.

(4) In determining the persons to whom or the proportions in which the amount shall be paid or distributed under this section, the minister may take into consideration the expenses incurred by those persons for or on account of the burial expenses of the deceased teacher.

(5) A payment made in accordance with this section shall have the same effect in law as if it were made to the personal representative of the deceased teacher.

Purchase of prior teaching service

10. (1) Where a former teacher ceased to be employed and received a refund of contributions and later becomes a teacher, that teacher may be credited with the prior pensionable service that he or she may elect to purchase on paying contributions to be calculated in accordance with the terms and conditions that may be prescribed.

(2) Where a former teacher who ceased to be employed and has not received a refund of contributions later becomes a teacher, that teacher shall be credited with all pensionable service that accrued immediately before the teacher's termination.

Purchase of prior substitute teaching service

11. (1) Where a teacher was formerly covered by the pension plan established under The Government Money Purchase Pension Plan Act, the minister shall accept the transfer of funds from that pension plan and establish the amount of related pensionable service in accordance with those terms and conditions that may be prescribed.

(2) Where a teacher has substitute teaching service before or after the commencement of The Government Money Purchase Pension Plan Act which cannot be transferred under subsection (1), he or she may elect to purchase all or part of that service under terms and conditions that may be prescribed.

(3) For the purpose of subsection (2), periods of substitute teaching service may include substitute teaching service formerly recognized by the pension plan referred to in subsection (1) for which the teacher earlier had elected a refund of contributions.

Purchase of service with related plans

12. (1) Where a teacher was formerly covered under a pension plan established under

(a) The Public Service (Pensions) Act;

(b) The Civil Service Act;

(c) The Members of the House of Assembly (Retiring Allowances) Act;

(d) The Memorial University (Pensions) Act;

(e) The Uniformed Services Pensions Act; or

(f) an Act replaced by an Act referred to in paragraphs (a) to(e)

for which contributions were paid under that pension plan and subsequently refunded, the teacher shall be credited with the pensionable service recognized by those pension plans that he or she may elect to purchase upon paying contributions that may be prescribed.

(2) Where a teacher was covered under a pension plan listed in subsection (1) and

(a) the contributions were payable and not paid in respect of service under that plan; or

(b) the teacher was employed on a full-time basis but was not eligible for membership in the pension plan or was precluded from membership due to administrative error,

the teacher may elect to purchase that service under the respective plans by paying the prescribed contributions.

(3) Where a teacher who was employed on a full-time basis

(a) as an employee of an organization which has its employees covered under The Public Service (Pensions) Act; and

(b) the service was performed before the organization became a participating employer under that Act,

that teacher may elect to purchase all or a part of that service and pay those contributions that may be prescribed.

Purchase of special leave

13. (1) Where a teacher served as

(a) an administrative officer with the Newfoundland Teachers' Association; or

(b) a full time salaried president of the Newfoundland Teachers' Association or The Canadian Federation of Teachers,

he or she may elect to purchase that period under terms and conditions that may be prescribed, provided that before the appointment to that position the teacher was a teacher or a public servant to whom The Public Service (Pensions) Act applied.

(2) The minister may establish the amount of related pensionable service in accordance with terms and conditions that may be prescribed which would enable a teacher to purchase

(a) periods of absence from employment as a teacher before or after the commencement of this Act

(i) on sick leave not exceeding in the aggregate 12 months in a period of 4 years calculated from the commencement of the earliest period of his or her pensionable service and was in receipt of less than full pay in consequence of that sick leave, or

(ii) on other special paid leave with full pay granted under and taken in accordance with those conditions that may be prescribed by or under The Schools Act or The Education Act, 1927;

(b) a period of absence from employment as a teacher for the purpose of educational or sabbatical leave;

(c) a period of absence for the purposes of pregnancy or adoption leave not in excess of 1 year for each pregnancy or adoption; or

(d) a period of absence under an approved deferred salary leave plan.

(3) A teacher is not eligible to be credited with service under this section if the teacher is eligible to be credited with that pensionable service under another section of this Act or under another Act.

Purchase of other service

14. (1) The minister may establish the amount of related pensionable service in accordance with the terms and conditions that may be prescribed which would enable a teacher to purchase

(a) a period of pensionable service during which the teacher was employed overseas in the full-time teaching of children of the personnel of the Canadian Armed Forces;

(b) a period spent teaching in a private school, before or after the commencement of this Act, if the period and the private school are approved for the purpose under The Schools Act;

(c) a period not exceeding 5 years of pensionable service spent teaching in an educational institution outside the province before or after the commencement of this Act, where the teacher

(i) served as a teacher in the province before the commencement of that service outside the province, resumed teaching in the province and has completed an aggregate of not less than 10 years of pensionable service in the province, or

(ii) if he or she did not serve as a teacher immediately before commencement of that service outside the province, began his or her employment as a teacher in the province before he or she reached the age of 50 years and has worked not less than 10 years of pensionable service in the province; or

(d) prescribed service.

(2) A teacher is not eligible to be credited with service under this section if the teacher is eligible to be credited with that pensionable service under another section of this Act or under another Act.

Payment of contributions for prior service

15. All contributions that are required to be paid under sections 10, 11, 12, 13 and 14 may be paid in equal instalments over the shorter of

(a) the period of pensionable service being purchased; or

(b) the period from the date of election to a date immediately preceding the date on which the teacher retires,

together with the prescribed interest.

Reciprocity

16. (1) A person who, before becoming a teacher, was in the employment of the Government of Canada, the government of another province, an agency of the Government of Canada or a province, or of a company, corporation, institution or a legal entity authorized to carry on business in Canada, which has a pension plan and the teacher was formerly a member of that plan may be credited with pensionable service under this Act, with the whole or part of his or her years of pensionable service credited to him or her under that former plan under an agreement made under subsection (2) which provides for crediting that pensionable service on a reciprocal basis.

(2) The minister may, with the approval of the Lieutenant-Governor in Council, enter into a reciprocal agreement with a government, company, corporation, institution or legal entity referred to in subsection (1) to give effect to the purposes set out in that subsection and to provide for payments to be made into and out of the pension fund under that agreement.

(3) Where a person

(a) has completed service as a teacher under this Act or the former Act for which contributions have been paid but refunded, with or without interest;

(b) has since completed pensionable service credited to him or her under an agreement made under subsection (2); and

(c) on or after November 20, 1980 was teaching in a province that was a signing party to an agreement made under subsection (2),

that person may subject to those terms and conditions that may be prescribed repay those contributions for purposes of transferring that service to that provision referred to in paragraph (c).

Right to a pension

17. (1) Every teacher shall, subject to this Act, receive a pension as a matter of right.

(2) Upon retirement, a teacher shall be awarded a pension calculated and paid in accordance with this Act provided that he or she has been credited with at least 5 years of pensionable service.

Normal retirement

18. Every teacher shall be retired under the pension plan when the teacher attains normal retirement age.

Disability retirement

19. (1) Every teacher shall be retired under the pension plan where he or she is unable to perform his or her duties efficiently owing to an incapacity which is medically certified to the satisfaction of the minister as likely to be permanent.

(2) The minister may, by notice in writing, require a pensioner who has retired under subsection (1) and who has not attained normal retirement age to be available for a medical examination that may be prescribed, and if upon that medical examination he or she is found to be in good health the minister may, by a further notice in writing, require him or her to resume employment as a teacher.

(3) The pension of a pensioner referred to in subsection (2) who, upon receipt of the notice mentioned in that subsection, fails to be present for a medical examination in accordance with that subsection, or who upon receipt of the further notice mentioned in that subsection fails to resume employment as a teacher, shall be discontinued immediately during the period in which he or she fails to comply with the request contained in the notice.

Early retirement

20. (1) A teacher who has reached early retirement age and has done not less than 25 years of pensionable service may elect to retire and receive a pension calculated and paid in accordance with section 22 and other provisions of this Act.

(2) For the purpose of this section "early retirement age" means the end of the month in which a teacher reaches the age of 55 years.

Deferred pension

21. (1) A teacher who terminated employment, or whose employment was terminated for a reason other than disability, and who has been credited with not less than 5 years of pensionable service may elect to receive a deferred pension calculated in accordance with section 22 and paid from his or her normal retirement age, or, if he or she so qualifies, paid in accordance with section 20 and the other provisions of this Act.

(2) A teacher who has made an election under subsection (1) and subsequently becomes a teacher is considered to have revoked his or her election.

(3) Where a teacher elects to receive a pension under subsection (1) and there is an increase in the amount of pension, that increase shall apply to that deferred pension as if the teacher were a pensioner on the 1st of the month immediately following termination.

(4) Notwithstanding the locking-in provisions under The Pension Benefits Act or contributions held under that Act, a teacher may elect to have those contributions transferred to

(a) a pension plan included in the Schedule to The Portability of Pensions Act;

(b) a pension plan of another jurisdiction with which the minister has entered into a reciprocal agreement; or

(c) other locked-in pension plans or retirement arrangements that may be prescribed, provided that the teacher meets the terms and conditions required under these arrangements.

(5) Subject to the locking-in provisions of The Pension Benefits Act, a teacher who elects to receive a pension under subsection (1) may negate his or her election and elect a return of his or her contributions together with interest at a prescribed rate.

Calculation of pension

22. (1) A pension awarded to a teacher is the product of 2% of the average annual salary of the teacher for the highest of 5 years of pensionable service before retirement, multiplied by the number of years of pensionable service and 1/10 part of a year of pensionable service.

(2) For the purposes of subsection (1), a fraction of a year of pensionable service equal to or greater than 5/10 shall be counted as a year of pensionable service but a fraction of a year less than 5/10 shall not be taken into account.

(3) For the purposes of subsection (1), 1/10 part of a year of pensionable service shall be credited as prescribed.

(4) For the purposes of subsection (1) not more than 10 1/10 parts of a year of pensionable service may be credited in a teaching year, and where fewer than 10 1/10 parts of a year of pensionable service are credited in a teaching year, that fraction may be added to fractions credited in other teaching years for the purpose of computing pensionable service.

(5) A pension awarded under subsection (1) shall not exceed the maximum allowable benefit payable as determined under the Income Tax Act (Canada).

(6) Notwithstanding subsection (1), a teacher's accumulated percentage of pensionable service earned before the commencement of this Act is protected by this Act.

Suspension of pension

23. (1) A teacher shall not receive a pension under the pension plan while he or she is employed as a teacher.

(2) For the purpose of this section, a pension does not include a survivor benefit.

Re-employment before normal retirement age

24. (1) A pensioner who has retired under the pension plan but has not reached normal retirement age may be re-employed as a teacher.

(2) A pensioner who has not reached normal retirement age and who has retired under subsection 19(1) may, upon proof of good health and subject to the consent of the minister, be re-employed as a teacher.

(3) Where a pensioner accepts an offer of re-employment under this section, his or her pension shall be cancelled, and subject to the making of contributions as required under this Act, the period of subsequent employment shall, in calculating a pension upon subsequent retirement, be added to the years of pensionable service accumulated before his or her earlier retirement, and the pension shall be calculated in accordance with section 22 and the other provisions of this Act as if the award of the former pension had not occurred.

(4) Notwithstanding subsection (1), a teacher, with the approval of the minister, may be re-employed for a period which will not exceed 65 days in the aggregate in a teaching year during which he or she shall not be considered a teacher for the purpose of this Act.

Re-employment after normal retirement age

25. (1) A pensioner who has attained normal retirement age but has not reached the age of 65 years may, upon proof of good health and subject to the consent of the minister, be re-employed as a teacher.

(2) For the purpose of this section, a teacher shall retire at the end of the teaching year in which the teacher reaches the age of 65 years.

(3) Where a pensioner accepts an offer of re-employment under this section, his or her pension shall be cancelled, and subject to the making of contributions as required under this Act, the period of subsequent employment shall, in calculating a subsequent pension, be added to the years of pensionable service accumulated before his or her earlier retirement and the pension shall be calculated in accordance with section 22 as if the award of the former pension had not occurred.

(4) For the purposes of subsection (3), a teacher shall not be credited with more than 30 years of pensionable service in the aggregate, nor shall he or she make further contributions after having accumulated 30 years of pensionable service.

(5) For the purpose of this section, a pension does not include a survivor benefit.

(6) Notwithstanding subsection (1), a teacher, with the approval of the minister, may be re-employed for a period which will not exceed 65 days in the aggregate in a teaching year during which he or she shall not be considered a teacher for the purpose of this section.

Survivor benefits

26. (1) A survivor benefit equal to 60% of

(a) the pension being paid to a pensioner who dies;

(b) a pension entitlement of a teacher who dies in service; or

(c) the pension entitlement of a deferred pensioner who dies would have received had he or she reached normal retirement age at the time of his or her death,

shall be paid to the surviving spouse for life commencing on the 1st day of the month following the month in which the death of the pensioner, teacher or deferred pensioner occurs.

(2) The survivor benefit payable under subsection (1) shall be paid equally to or for the benefit of, the surviving children of a pensioner, teacher or deferred pensioner where

(a) the surviving spouse in receipt of a survivor benefit dies; or

(b) the pensioner, teacher or deferred pensioner dies leaving children under the age of 18 years, but no surviving spouse.

(3) Notwithstanding subsection (2), the age limit of 18 years set out in that subsection is increased to 24 if the child is in full time attendance at a recognized school or post-secondary institution.

Designated beneficiary

27. (1) A teacher, pensioner or deferred pensioner who does not have a spouse or a child entitled to a survivor benefit may designate a beneficiary who shall be considered to be a spouse for the purposes of section 26.

(2) The designation of a beneficiary shall be made to the minister by way of a written instrument duly signed and witnessed.

(3) The teacher, pensioner or deferred pensioner may revoke his or her election at any time and substitute another designated beneficiary in the same manner as required in subsection (2).

(4) Where there is a subsequent spouse or child of a teacher, pensioner or deferred pensioner, the election shall be revoked effective from the death of the teacher, pensioner or deferred pensioner.

Estate provision

28. Where the total pension or survivor benefit paid under this Act at the date the pensioner dies or the last survivor benefit has been paid does not exceed twice the deceased teacher's contributions together with the prescribed interest calculated to the date of retirement, the excess amount shall be paid in accordance with section 9.

When pensions payable

29. (1) Pensions and other related money payable under the pension plan shall be paid as the minister directs.

(2) Pension payments and other related money payable under the pension plan shall cease at the end of the month in which the death of the pensioner, survivor or designated beneficiary occurs.

Payments out of fund

30. Pensions and all other money payable under this Act shall be paid out of the pension fund.

Pension not assignable

31. No pension may be assigned or given as security, except as provided under The Pension Benefits Act, but the minister may

(a) approve the payment of a pension to a relative of a pensioner, or to another person on the authority in writing of the pensioner, or another person authorized by the pensioner to act on his or her behalf;

(b) direct that the payment of a pension be made to a relative, or other person who is responsible for the maintenance of a pensioner who is incapacitated; or

(c) direct that the payment of the whole or part of a pension be made to a relative or other person who is responsible for the maintenance of a dependent child of a pensioner.

Attachment

32. A pension awarded under this Act shall not be liable to or be taken under attachment or execution.

Error or misrepresentation

33. The minister may adjust or cancel a pension which has been awarded or paid as a result of error or misrepresentation and where an overpayment of pension has been made the minister may reduce, suspend or withdraw future payments of the pension until the amount has been recovered.

Rectification

34. Where a pension has been underpaid or unusual delays in payments have occurred, the minister may make payments in rectification in those cases together with interest that may be prescribed.

Committee

35. The Lieutenant-Governor in Council may appoint a committee to assist the minister in the administration of this Act and may prescribe the duties of the committee and designate the matters on which the committee shall make recommendations to the minister.

Marriage breakdown

36. (1) In this section

(a) "court" means the Trial Division or the Unified Family Court;

(b) "marriage contract" means marriage contract as defined in The Family Law Act;

(c) "separation agreement" means separation agreement as defined in The Family Law Act; and

(d) "spouse" means spouse as defined in The Family Law Act.

(2) Where a teacher, pensioner or deferred pensioner is entitled to a pension and

(a) a petition for divorce is filed;

(b) an application is filed for a declaration of nullity; or

(c) the teacher, pensioner, or deferred pensioner and that person's spouse have been living separate and apart and there is no reasonable prospect of the resumption of cohabitation,

that person's spouse may apply to the court for a division of that portion of the pension earned during the marriage.

(3) The court may, having regard to all the circumstances, order that the spouse of the teacher, pensioner or deferred pensioner shall receive a proportion of the pension earned during the marriage.

(4) Where, under this section, the court orders a division of a pension earned during the marriage or a marriage contract or separation agreement provides for the division of a pension earned during the marriage, the division of the pension shall be made in accordance with the regulations made under this Act.

(5) A marriage contract, a separation agreement, or a division of a pension, including a pension or contributions made by order of the court under subsection (3), applies only in relation to benefits or contributions accrued between the date of marriage and the date of marriage breakdown.

(6) A subsequent spouse of the spouse of the teacher, pensioner or deferred pensioner is not entitled to a pension or other benefit under the pension plan by virtue of being a subsequent spouse.

(7) A spouse shall be provided with information that may be prescribed.

(8) Where a marriage contract, a separation agreement or a court order under subsection (3) provides for payment by the teacher, pensioner or deferred pensioner of a sum equal to and instead of the amount owing to the teacher, pensioner or deferred pensioner or the spouse of the teacher, pensioner or deferred pensioner in relation to a pension or survivor benefit, the pension fund is not liable for payments.

Regulations

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

(a) prescribing a designated beneficiary for the purposes of paragraph 2(b);

(b) prescribing salary for the purposes of paragraph 2(l);

(c) prescribing years of pensionable service for the purposes of paragraph 2(r);

(d) excluding a teacher for the purposes of paragraph 4(b);

(e) prescribing interest and contribution rates;

(f) prescribing certain amounts of deductions and contributions under sections 6, 8 and 47;

(g) prescribing the formula for calculating contribution rates under sections 10, 11, 12, 13 and 14;

(h) prescribing other service for the purposes of section 14;

(i) prescribing the terms and conditions under which a teacher shall receive a pension under section 19;

(j) prescribing information with respect to pensions or marriage breakdowns;

(k) prescribing the division of a pension earned during marriage or cohabitation;

(l) prescribing the duties of a committee established under section 35;

(m) prescribing the terms and conditions for the purposes of a teachers' ancillary pension plan under section 47;

(n) defining, enlarging or restricting the meaning of a word or expression used in this Act but not defined in this Act; and

(o) respecting matters necessary or advisable to carry out effectively the intent and purpose of this Act.

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

Appeal

38. (1) A teacher or other person who is aggrieved by a decision of the minister or of the Lieutenant-Governor in Council in a matter related to, connected with or arising out of his or her entitlement to or the award to the teacher of a pension or other money under this Act may appeal from the decision to a judge of the Trial Division.

(2) Where a teacher or other person proposes to appeal under subsection (1), he or she shall, within 60 days after he or she has received the decision of the minister or the Lieutenant-Governor in Council, serve on the minister a written notice of his or her intention to appeal to a judge of the Trial Division.

(3) The notice of appeal served under subsection (2) shall be signed by the teacher or by his or her solicitor or agent and in the notice, the grounds of the appeal shall be set out, and the teacher or other person shall file a copy of the notice in the Registry of the Supreme Court.

Procedure

39. (1) A teacher or other person shall, within 14 days after service of the notice of appeal under subsection 38(2), apply to the judge for the appointment of a day for the hearing of the appeal, and shall, not less than 14 days before the hearing, serve upon the minister a written notice of the day appointed for the hearing.

(2) The judge shall hear the appeal and the evidence adduced before him or her by the teacher or other person and by the minister in a summary manner and shall decide the matter of the appeal.

(3) The minister shall cause to be produced before the judge on the hearing of the appeal all papers and documents in the minister's possession affecting the matter of the appeal.

(4) The costs of the appeal are in the discretion of the judge who may make an order respecting them in favour of or against the minister and may fix the amount of the costs.

(5) An appeal may be taken from an order or decision of the judge to the Court of Appeal upon a point of law raised on the hearing of the appeal, and the rules governing appeals to that court from an order or decision of a judge of the Trial Division apply to appeals under this subsection.

Conflict

40. (1) Where this Act conflicts with The Schools Act or another Act, this Act shall prevail.

(2) Notwithstanding subsection (1), where this Act conflicts with The Pension Benefits Act, that Act shall prevail and the Lieutenant-Governor in Council may make regulations to further comply with that Act.

Existing plan protected

41. All benefits acquired under the former Act before the commencement of this Act are protected under this Act.

Regulations under former Act

42. Regulations made under the former Act and in force immediately before the commencement of this Act may be amended or revoked by regulations made under this Act as if they were made under this Act.

Income Tax Act requirements

43. For the purpose of the Income Tax Act (Canada)

(a) the pension adjustment factor as defined under the Income Tax Act (Canada) shall not exceed 18% for all years of pensionable service after December 31, 1990;

(b) all contributions shall be made with reference to actuarial reports; and

(c) the minister is the administrator of the pension plan.

Acts amended

44. (1) Paragraph 3(b) of The Pensions Funding Act is repealed and the following substituted:

(b) the Teachers' Pensions Act and The Education Act, 1927;

(2) Where in an Act or regulation there is a reference to The Education (Teachers' Pensions) Act or a part or section of that Act, the reference shall be considered to be a reference to the equivalent part or section contained in this Act.

Teachers with greater than 30 years

45. (1) Notwithstanding section 6 and subsection 47(2), where a teacher on January 1, 1991 had greater than 30 years of pensionable service and had ceased to contribute to the pension plan, that teacher shall not be required to contribute further and shall not receive credit for additional pensionable service.

(2) Notwithstanding subsection (1), a teacher referred to in subsection (1) may elect before attaining normal retirement age to contribute further to the pension plan and receive additional years of pensionable service in accordance with this Act.

(3) For the purpose of subsection (2), a teacher may elect to purchase all pensionable service after December 31, 1990 up to the date of that election under subsection (2), if the teacher elects to purchase that service before December 31, 1991 and pays the contributions required under section 6.

(4) A teacher who fails to make an election under subsection (3) may elect to contribute after December 31, 1991 but before normal retirement age, provided that he or she shall not receive credit for pensionable service between January 1, 1991 and the date he or she made an election to contribute under this section.

Teachers' training years

46. (1) A teacher may elect to purchase a period, not exceeding 4 years in total, while a student undertaking training as a teacher at a university or a recognized teacher training institution.

(2) Where a teacher makes an election under subsection (1), he or she shall pay contributions which would be due, if the service had been done as a teacher under the former Act, together with compound interest on the contributions at the rate of 3% covering the period from the termination of that student service until the date of election, and the related teacher contributions shall be calculated, in respect of that service relating to a period before the teacher received a certificate, as if he or she held a Grade I certificate, and in respect of that service relating to a period after the teacher received a certificate, as if the service had been done as a teacher qualified by that certificate.

(3) Where a teacher elects to purchase pensionable service under this section, the teacher shall pay by equal instalments over the shorter of

(a) the period of pensionable service being purchased; or

(b) the period from the date of election to a date immediately preceding the date on which the teacher retires.

(4) This section is considered to have applied to a teacher from January 1, 1991 up to and including December 31, 1991 and shall not apply after December 31, 1991.

Teachers' ancillary pension plan

47. (1) The Lieutenant-Governor in Council may prescribe the terms and conditions of those benefits which a teacher may acquire under a teachers' ancillary pension plan.

(2) There shall be deducted from the salary of every teacher to whom the pension plan applies and paid into a teachers' ancillary pension plan prescribed under subsection (1)

(a) 1% of the teacher's salary effective January 1, 1991;

(b) 2% of the teacher's salary effective September 1, 1992; and

(c) an additional amount that may be prescribed.

(3) All deductions made under subsection (2) shall be paid into the pension fund.

(4) The government of the province shall pay out of the Consolidated Revenue Fund and pay into the pension fund an amount equal to the contributions made under paragraphs (2)(a) and (b).

(5) For the purposes of this section, a teachers' ancillary pension plan shall participate in the pension fund as if it were a plan defined under paragraph 2(c) of The Pensions Funding Act.

(6) Notwithstanding subsection (5), section 9 of The Pensions Funding Act does not apply to a teachers' ancillary pension plan prescribed under this section.

(7) All benefits payable under this section shall only be paid to the extent that funds are available under this section to pay those benefits.

RSN 1970 c.102 Rep.

48. The Education (Teachers' Pensions) Act is repealed.

Commencement

49. This Act is considered to have come into force on January 1, 1991.

©Earl G. Tucker, Queen's Printer