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Statutes of Newfoundland 1994


CHAPTER 31

CHAPTER 31

AN ACT TO AMEND THE TEACHERS' PENSIONS ACT

(Assented to December 16, 1994)

Analysis

1. S.13 Amdt.
Purchase of special leave

2. S.13.1 Added
Sick leave

3. S.15 Amdt.
Payment of contributions for prior service

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


1991 c17 as amended

1. Subsection 13(2) of the Teachers' Pensions Act is amended by adding immediately after paragraph (c) the following:

(c.1) a period of absence under an approved sick leave without pay;

2. The Act is amended by adding immediately after section 13 the following:

Sick leave

13.1 (1) A teacher who is on sick leave without full pay may have that period credited as pensionable service upon paying the contributions required under sections 6 and 47.

(2) The contribution made under subsection (1) and the calculation of pension under section 22 shall be based on the salary that the teacher was earning immediately prior to the commencement of his or her sick leave without full pay provided that the teacher elects within the lesser of

(a) 90 days after returning from that sick leave; or

(b) prior to the date of termination from employment as a teacher,

to purchase the related period of absence.

(3) Notwithstanding paragraph 2(a), a teacher who makes an election under subsection (2) respecting sick leave taken and completed before the commencement of this section shall make that election within 180 days of the commencement of this section.

(4) Notwithstanding subsection (2), where the sick leave was taken on or before June 30, 1994, the contribution and calculation of a pension made under subsection (1) shall be based on the annual salary that the teacher was earning on June 30, 1994.

(5) Where contributions are made by a teacher under subsections (1), (2), (3) and (4) the government of the province shall make contributions to the pension fund in accordance with sections 8 and 47.

(6) Notwithstanding subsections (1) to (5), sick leave without full pay may be purchased at any time after the expiration period at a cost that may be prescribed and no matching contributions are required by the government of the province.

3. Section 15 of the Act is amended by adding immediately after the figure "13" a comma and the figure "13.1".

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