Revised Statutes of Newfoundland 1990 Chapter D-4

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Revised Statutes of Newfoundland 1990

CHAPTER D-4

AN ACT RESPECTING THE AWARD OF PENSIONS IN CERTAIN CASES
Analysis

5. Calculation of pension

6. Certain employment to be counted

7. Sections 5 and 6 apply

8. Accelerated pension

Short title

1. This Act may be cited as the Deferred Pensions Act.

1982 c47 s1

2. In this Act

(a) "employee of the board of regents" means an employee of the Board of Regents of the Memorial University of Newfoundland to whom the Memorial University Pensions Act applies;

(b) "established civil servant" means a civil servant in respect of whom a civil service certificate has been issued under the Civil Service Act;

(c) "government employee" means an employee of the government of the province to whom the Public Service Pensions Act applies;

(d) "member of the constabulary" includes a commissioned and a non-commissioned officer and a constable of the Royal Newfoundland Constabulary;

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

(f) "pensionable service" means service that may be taken into account under the relevant Act in determining whether a person referred to in subsection 4(1) has qualified for the award of a pension, allowance or gratuity and the amount of that pension, allowance or gratuity;

(g) "ranger" includes a commissioned and a non-commissioned officer, and a constable of the Newfoundland Rangers established by The Newfoundland Ranger Act, 1935; and

(h) "teacher" includes a teacher to whom the Teachers' Pensions Act applies and a teacher referred to in section 32 of that Act.

RSN1970 c76 s2; 1981 c79 s8; 1982 c47 s2

3. This Act shall be read with the Civil Service Act, the Teachers' Pensions Act, the Memorial University Pensions Act, the Public Service Pensions Act, and the Uniformed Services Pensions Act.

1982 c47 s3

4. (1) Where from April 1, 1949, a person who is employed as an established civil servant, a government employee, an employee of the board of regents, a teacher, a member of the constabulary or a ranger retires for the purpose of contesting an election or a by-election for the return of a member to the Parliament of Canada or to the House of Assembly and he or she is not eligible for the award of a pension or a gratuity on retirement and later he or she

(a) attains the age that if he or she were then so employed would render the person liable to retirement;

(b) suffers an incapacity which if he or she were then so employed would render the person liable to retirement; or

a pension, allowance or gratuity shall, subject to this Act, be awarded to or in respect of him or her under the relevant statute as if he or she had not retired from that employment and were so employed upon the happening of events referred to in paragraph (a), (b) or (c).

(2) In determining whether a pension, allowance or gratuity may be awarded to or in respect of a person referred to in subsection (1) and the amount of the pension, allowance or gratuity, the only service which may be taken into account is service which would have been counted as pensionable service at the date of his or her actual retirement, if he or she had been eligible then for the award of a pension.

(3) A pension, allowance or gratuity may not be awarded a person under subsection (1) unless within 2 years after the person contested an election, if he or she was not elected, or within 2 years after he or she ceased to be a member of the Parliament of Canada or of the House of Assembly the person to or in respect of whom it is proposed to make the award notified the minister in writing that he or she desired immediate reinstatement in the employment from which he or she retired and was not within 3 months after the date of the notice offered reinstatement in employment not lower in rank, salary and emoluments than the post from which the person retired, but this subsection shall not apply to a person in respect of whom the events referred to in paragraph (1)(a), (b) or (c) occur before the expiration of a period of 2 years.

(4) The award of a pension, allowance or gratuity under subsection (1) to or in respect of a person who retired from employment as a member of the board of regents, or as a teacher, is subject to the condition that all premiums, payable in respect of pensionable service counted for the purpose of determining whether a pension, allowance or gratuity should be awarded to or in respect of him or her and the amount of the premiums, were paid by that person and have not been refunded to him or her or, if refunded, have been paid by the person again with interest to the date of payment at the rate of 3% a year.

(5) Where a person referred to in subsection (1) retired from the constabulary, the awarding of a pension or gratuity to or in respect of that person shall be determined, and the amount of the pension or gratuity, if awarded, shall be calculated, in accordance with the Uniformed Services Pensions Act.

RSN1970 c76 s3; 1982 c47 s4; 1985 c11 s6

5. (1) In calculating the amount of the pension, allowance or gratuity to be awarded under this Act

(a) where the relevant statute prescribes that the annual salary or the average annual salary during a number of years immediately preceding retirement shall be taken as a factor in the calculation, there shall be substituted the salary or the average annual salary paid in the post for the same number of years immediately preceding the date from which the pension is payable; and

(b) where the relevant statute prescribes that the annual salary or the average annual salary paid during a number of years of pensionable service, whether selected by the pensioner or not, shall be taken as a factor in the calculation, the pensioner may select all or a part of those years from the period between the date of his or her retirement and the date from which the pension is payable.

(2) Where by virtue of the operation of subsection (1), or by reason of a selection made under that subsection, the salary paid during a period after the pensioner retired from a post is a factor in the calculation of his or her pension and the post did not exist during that period or a part of that period, there shall be substituted for that salary the salary paid in a post that existed during that period or a part of that period and which, in the opinion of the Lieutenant-Governor in Council, most nearly corresponds to the post from which the pensioner retired.

RSN1970 c76 s4

6. Where, during a period occurring after March 31, 1949, a person was employed as an executive officer of an organization or body, whether incorporated or unincorporated, which during the greater part of his or her employment derived the major part of its income from funds provided by the Legislature, that person shall, for all of the purposes of this Act, be dealt with, as if he or she had been employed as an established civil servant during that period.

RSN1970 c76 s5

7. Sections 5 and 6 shall have full effect notwithstanding anything to the contrary contained in sections 2 and 4.

RSN1970 c76 s6

8. (1) Where a teacher retired, whether before or after May 23, 1968, for the purpose of contesting an election or a by-election referred to in subsection 4(1) and he or she had, at the time of retiring, done not less than 30 years' pensionable service, he or she may elect at any time after that retirement to receive a pension under this Act when the addition of the number of the years of his or her pensionable service to the number of the years of his or her age gives a sum not less than 92, if that teacher complies with the conditions prescribed in subsections (2) and (3).

(2) A person who exercises an election under subsection (1) shall pay into the Consolidated Revenue Fund a sum of money equal to the sum of the premiums he or she would have been required to pay if he or she were employed as a teacher during the period from and including the date of retirement from service as a teacher to and including the date when the addition of the number of the years of his or her pensionable service as a teacher to the number of the years of his or her age gives a sum equal to 92.

(3) Interest shall be payable on every sum of money payable under subsection (2) at the rate of 3% a year compounded annually and the interest shall run to and including the date of payment from and including the date when each of the amounts comprised in the sum would have been payable as a premium, if the person paying the interest had been employed as a teacher during the period when the interest runs.

(4) Notwithstanding

(a) subsections 4(1) and (2) relating to the time when a pension may be awarded; or

(b) subsection 4(3),

a pension calculated in accordance with the formula prescribed in subsections 4(1) and (2) and sections 5 and 6 shall, subject to this section and subsection 4(4), be awarded to every person who validly exercises an election under and complies with this section, and the pension shall be awarded at and payable from the date when the addition of the number of years of the pensionable service of that person to the number of the years of his or her age gives a sum equal to 92 or the date he or she exercised his or her election, whichever is the later date.

RSN1970 c76 s7