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Statutes of Newfoundland 1992


CHAPTER 46

CHAPTER 46

AN ACT TO AMEND THE UNIFORMED SERVICES PENSIONS ACT, 1991

(Assented to December 23, 1992)

Analysis

1. S.2 Amdt.
Definitions

2. S.7 R&S
Employers' contributions

3. S.8(1.1)(1.2) Added
Payments

4. S.19(7) Added
Calculation of pension

5. Commencement

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


1991 c19 as amended

1. (1) Paragraph 2(c) of the Uniformed Services Pensions Act, 1991 is repealed and the following substituted:

(c) "employee" means

(i) every member of the Royal Newfoundland Constabulary as defined in the Royal Newfoundland Constabulary Act, and

(ii) the superintendent, every assistant superintendent and every commissioned and correctional officer of the penitentiary,

employed by the government of the province on a full-time basis, but does not include a casual, part-time or contractual person whose terms of employment specifically exclude him or her from participation in the pension plan, or other persons or groups of persons excluded by the regulations, and includes

(iii) every member of the St. John's Regional Fire Department as defined in the City of St. John's Act who, on December 31, 1991 was a member of the pension plan;

(2) Subparagraph 2(q)(iii) of the Act is repealed and the following substituted:

(iii) the fire chief, an assistant fire chief, a fire captain, and a shift superintendent of the St. John's Regional Fire Department who, on December 31, 1991 was a member of the pension plan;

2. (1) Section 7 of the Act is repealed and the following substituted:

Employers' contributions

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

(a) with respect to employees referred to in subparagraphs 2(c)(i) and (ii), an amount equal to the employee contributions made under subsections 6(2), (3) and (4) less benefits payable under subsection 8(1.1);

(b) with respect to employees referred to in subparagraph 2(c)(iii), an amount which, when added to the contributions paid by the City of St. John's, equals the employee contributions made under subsections 6(2), (3) and (4) less benefits payable under subsection 8(1.1); and

(c) a greater or lesser amount that may be prescribed by the regulations.

(2) The City of St. John's shall pay into the pension fund, with respect to employees referred to in subparagraph 2(c)(iii), an amount equal to the employee contributions made under subsections 6(2), (3) and (4), to a maximum of 8% of the employee's salary.

3. Section 8 of the Act is amended by adding immediately after subsection (1) the following:

(1.1) A pension payable from the pension fund shall not exceed the benefit payable under subsection 19(6).

(1.2) A portion of a pension paid which exceeds the amount payable under subsection (1.1) shall be paid out of the Consolidated Revenue Fund.

4. Section 19 of the Act is amended by adding immediately after subsection (6) the following:

(7) Notwithstanding subsection 8(1.1) and subsection (6), a pension benefit calculated under this section in relation to pensionable service accrued prior to the coming into force of this Act is not subject to the maximum allowable benefit payable as provided for in the Income Tax Act (Canada).

Commencement

5. This Act shall be considered to have come into force on January 1, 1992.

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