This is an official version.

Copyright 2000: Queens Printer,
St. John's, Newfoundland and Labrador, Canada

Important Information
(Includes details about the availability of printed and electronic versions of the Statutes.)

Revised Statutes of Newfoundland 1990


CHAPTER M-8

AN ACT RESPECTING A PENSION FUND FOR THE MEMORIAL UNIVERSITY OF NEWFOUNDLAND

Analysis

1. Short title

2. Definitions

3. Application of Act

4. Administration of Act

5. Pension fund

6. Charges upon fund

7. Investment of fund

8. Investments

9. Bank account

10. Accounts

11. Report; audit of fund

12. Contributions to fund

13. Payments by government into fund

14. Consolidated Revenue Fund

15. Retirement

16. To whom pension payable

17. President's pension

18. Amount of pension

19. Pensionable service

20. War Service

21. Additional years of service

22. Temporary pension

23. Survivor's allowance

24. Allowance to survivors of deferred pensioners

25. Refund

26. Repayment

27. Deceased unmarried employee

28. Saving

29. Adjustment or cancellation of pension

30. Regulations

31. Regulations re pensionable service

32. Integration with Canada Pension Plan

33. Pensionable employment

34. Reciprocal agreements

35. Agreement with president


Short title

1. This Act may be cited as the Memorial University Pensions Act.

RSN1970 c232 s1

Back to Top

Definitions

2. In this Act

(a) "board" means the Board of Regents of the Memorial University of Newfoundland;

(b) "child" means

(i) a person who is a child of a parent by birth, whether within or outside marriage,

(ii) a person whom the parent has demonstrated a settled intention to treat as a child of the family other than under an arrangement where the child is placed for valuable consideration in a foster home by a person having lawful custody,

(iii) a lawfully adopted child, or

(iv) a person who has a legal guardian;

(c) "department" means the Department of Education;

(d) "employee" means a person to whom this Act applies;

(e) "fund" means the fund created by this Act;

(f) "minister" means the Minister of Education;

(g) "normal retirement age" means 65 years of age;

(h) "pension" means an annual pension;

(i) "pensionable earnings" means the amount resulting on the multiplication of the pensionable salary by the number of years of pensionable service;

(j) "pensionable salary" means the average annual basic salary received in any 5 years of pensionable service chosen by the employee, but does not include remuneration paid for teaching at a summer school or for services other than or ancillary to the principal duties in respect of the performance of which pensionable service is credited to him or her under this Act;

(k) "pensionable service" means service which may be taken into account in determining whether an employee has qualified for the award of a pension and the amount of a pension;

(l) "spouse" means either of a man or a woman who are married to each other or who, not being married to each other, have cohabited in a relationship of some permanence; and

(m) "university" means the Memorial University of Newfoundland.

RSN1970 c232 s2; 1973 No35 Sch; 1977 c72 s1; 1984 c42 Sch B; 1987 c39 s1;
1990 c26 Sch B

Back to Top

Application of Act

3. (1) This Act applies to every person appointed by the board who is employed full-time upon an annual salary paid wholly and directly by the board.

(2) The board may exempt an employee from the operation of this Act.

(3) An employee who before his or her appointment by the board had been contributing to a pension plan may elect to continue his or her contributions to that plan by advising the board within 60 days of the beginning of his or her appointment.

(4) Where an employee makes an election under subsection (3), the board may contribute an amount to that employee's pension plan not exceeding that which it would have otherwise contributed to the fund with respect to that person.

1977 c72 s2; 1987 c39 s2

Back to Top

Administration of Act

4. The board shall administer this Act and may appoint officers and other staff that are necessary for that purpose.

RSN1970 c232 s4

Back to Top

Pension fund

5. There shall be a fund to be known as The Memorial University Pension Fund into which shall be paid

(a) all contributions made by employees;

(b) all contributions made by the board under paragraph 34(1)(n) of the Memorial University Act;

(c) amounts that may be voted by the Legislature for the purpose of the fund; and

(d) accruals of interest on the amounts mentioned in paragraphs (a), (b) and (c).

RSN1970 c232 s5

Back to Top

Charges upon fund

6. All pensions, payments, and refunds and all expenses of the administration of this Act are a charge upon and payable out of the fund and if at any time there is not sufficient money at the credit of the fund for those purposes as they fall due for payment the Minister of Finance shall pay into the fund an amount to cover the deficiency.

RSN1970 c232 s6

Back to Top

Investment of fund

7. The fund shall be held in trust by the board and may be invested in

(a) bonds or debentures of a municipality in Canada or a public school corporation or other corporation, which are guaranteed by the Government of Canada or a province;

(b) investments in which life insurance companies are authorized by the Parliament of Canada to invest funds, subject to the limitation on investments in stocks, bonds, debentures and real estate mortgages set out in the Canadian and British Insurance Companies Act (Canada); and

(c) other securities and upon terms and conditions that are approved for the purpose by the Lieutenant-Governor in Council; or

(d) any of the securities or investments referred to in paragraphs (a) to (c).

RSN1970 c232 s7; 1973 No101 s2

Back to Top

Investments

8. All investments and reinvestments under section 7 shall conform to the investment requirements of

(a) section 8 of the Pension Benefits Act; and

(b) the regulations made under section 27 of that Act.

1973 No101 s3

Back to Top

Bank account

9. (1) All money paid into the fund shall be deposited to the credit of the fund in an account kept in a bank approved by the minister.

(2) All money required by the board for the purpose of this Act shall be paid out of the account established under subsection (1) by cheques signed by members of the board, or officers of the university, that may be authorized by the board.

1977 c72 s4

Back to Top

Accounts

10. The board shall keep complete books of account in which shall be entered all amounts paid into and out of the fund and all details of the amounts and all other transactions and the details of those transactions carried on by the board in connection with the fund.

RSN1970 c232 s9

Back to Top

Report; audit of fund

11. (1) The chairperson of the board shall not later than September 30 in each year submit to the minister a report of the work of the board in connection with the fund and the report shall include an account made up to the preceding March 31, setting out the receipts and expenditures of the fund during the preceding year and a statement of the assets and liabilities of the fund.

(2) The minister shall lay the report and account before the Legislature within 15 days after they are submitted to him or her, if the Legislature is then in session, and, if not, then within 15 days after the beginning of the next session.

(3) The account submitted under subsection (1) shall be signed by the chairperson or vice-chairperson and by the treasurer of the board and certified by the auditor general and there shall be attached to the amount a report which the auditor general may have made to the board in relation to the account.

(4) The auditor general shall audit annually the account kept under subsection (1).

RSN1970 c232 s10

Back to Top

Contributions to fund

12. (1) Each employee shall contribute 6% of his or her annual salary to the fund.

(2) The allowances referred to in sections 23 and 24 shall be paid in that proportion that the period in which a contribution of 6% has been made bears to the entire period of the employee's pensionable service.

(3) The board shall deduct from the salary of each employee and pay into the fund the contributions payable under this section.

(4) The contribution set out in subsection (1) shall no longer be deducted upon the completion of 35 years of accrued or purchased pensionable service.

1977 c72 s5; 1987 c39 s3

Back to Top

Payments by government into fund

13. (1) Where a pension has been awarded to an employee under this Act and in determining the amount of the pension a period referred to in paragraph 19(1)(e) was counted as pensionable service, the Minister of Finance shall pay into the fund, at the end of each calendar year during which or part of which the pension was paid, an amount bearing the same proportion to the pension as that period bears to the whole of the pensionable service taken into account in determining the amount of the pension.

(2) In calculating the amount of a pension under this Act the Increase of Pensions Acts shall apply in relation to a pension for which service has been credited under paragraph 19(1)(e).

RSN1970 c232 s12; 1985 c25 s1

Back to Top

Consolidated Revenue Fund

14. A payment that the Minister of Finance may be required to make under section 13 shall be made by him or her out of the Consolidated Revenue Fund of the province.

RSN1970 c232 s13

Back to Top

Retirement

15. (1) An employee shall be retired

(a) on his or her reaching normal retirement age;

(b) if he or she is not participating in the long term disability insurance plan of the university or a similar plan substituted for it and is unable to perform his or her duties effectively owing to physical or mental incapacity medically certified to the satisfaction of the board as likely to be permanent; or

(c) if the post held by the employee is abolished or his or her services are no longer required as a result of a reorganization.

(2) An employee who has reached the age of 60 and has not less than 10 years pensionable service may elect to retire before his or her normal retirement age and upon that election shall receive an immediate pension.

(3) An employee who has reached the age of 55 and has not less than 10 years pensionable service may elect to retire before his or her 60th birthday.

(4) An employee who has elected to retire under subsection (3)

(a) shall, if he or she has less than 30 years pensionable service, receive an immediate pension to be reduced by 1/2 of 1% for each month from the beginning of his or her pension to the 1st day of the month following his or her 60th birthday; or

(b) shall, if he or she has 30 years or more pensionable service, receive an immediate pension.

(5) When an employee has completed 10 years of pensionable service his or her pension rights become vested and should he or she stop being an employee for reasons other than those set out in paragraphs (1)(b) and (c) before he or she reaches the age of 55 and has not withdrawn his or her contributions to the fund, the employee may elect to retire after his or her 60th birthday.

(6) An employee who has elected to retire under subsection (5) shall

(a) if he or she has less than 30 years pensionable service, receive a pension upon reaching the age of 60 years; or

(b) if he or she has 30 years or more pensionable service, receive an immediate pension on reaching the age of 55 years.

(7) An employee born on August 31 shall retire on his or her 65th birthday and every other employee shall retire on the August 31 following his or her 65th birthday.

(8) Notwithstanding subsection (7), the board may extend the period of service of an employee for not more than 3 years beyond normal retirement age and those additional years of service are years of pensionable service.

1977 c72 s6; 1979 c48 s1; 1987 c39 s4

Back to Top

To whom pension payable

16. The board shall award a pension to an employee who has completed not less than 10 years of pensionable service and has retired or has been retired under section 15.

RSN1970 c232 s15

Back to Top

President's pension

17. (1) The president of the university shall be retired

(a) on reaching retirement age; or

(b) if he or she is unable to perform his or her duties effectively owing to physical or mental incapacity medically certified to the satisfaction of the board to be likely to be permanent

and the board shall award him or her a pension equal to 2/3 of his or her pensionable salary.

(2) When the president dies the board shall award to the surviving spouse an allowance equal to 1/2 of the pension being paid to the president at the date of the president's death or, if not retired at that date, an allowance equal to 1/2 of the pension that the president would have been entitled to if the president had been retired at the date of death; but this allowance shall terminate on the remarriage of the surviving spouse.

(3) Subsections (1) and (2) do not apply unless the president contributes to the fund annually 6% of his or her salary as fixed by the board.

RSN1970 c232 s16; 1985 c11 s18

Back to Top

Amount of pension

18. (1) The amount of a pension awarded under section 16 shall be 2% of an employee's pensionable earnings.

(2) A pension awarded under this Act, whether on retirement, termination of employment or termination of the plan, shall not exceed an amount that is at an annual rate that is the lesser of

(a) $1,715 times the number of years of pensionable service not exceeding 35; or

(b) an amount that is the product of

(i) 2% for each year of service not exceeding 35 years, and

(ii) the average of the best 5 years of pensionable salary paid to the employee by the board or other employer set out in section 19.

(3) Subsection (2) shall not apply to an annual pension of $300 or less for each year of pensionable service, or to the portion of the pension derived from an employee's voluntary contributions on account of current service.

(4) Where the years of pensionable service include a fraction of a year the fraction, if equal to or greater than 1/2 shall be counted as 1 year and if less than 1/2 shall not be counted.

(5) In calculating the amount of a pension under this Act, the Increase of Pensions Acts shall apply to a person who has elected to receive or receives a deferred pension.

1977 c72 s7; 1982 c58 s1; 1987 c39 s5

Back to Top

Pensionable service

19. (1) Unless this Act otherwise provides, the only periods of service which shall be taken into account in determining whether an employee has qualified for the award of a pension and the amount of that pension are

(a) the period served as an employee of the board;

(b) (i) 2/3 of the period served in employment at the Memorial University College before 1945,

(ii) the remaining 1/3 of that period of service where the employee pays to the fund contributions in accordance with this Act in respect of that 1/3,

(iii) the period served in employment at the Memorial University College from 1945 to 1949, both inclusive, where the employee pays to the fund contributions in accordance with this Act in respect of that period;

(c) the period, not exceeding 2 years, during which an employee is on leave of absence and

(i) during the period the employee continues his or her contributions to the fund, or

(ii) with respect to the period, the employee pays his or her contributions to the fund based on his or her current salary at that date, after the period has expired;

(d) the period during which an employee continues his or her contributions to the fund and is totally disabled and is participating in the long term disability plan of the university or a similar plan substituted for it;

(e) subject to the regulations referred to in section 8, the period served as a teacher in the province or as an established civil servant as defined by The Civil Service Act or as an employee as defined by the Public Service Pensions Act where,

(i) the period would have counted for pension under The Education Act, 1927, or a scheme which replaces the pension scheme provided by that Act, or under The Civil Service Act or the Public Service Pensions Act,

(ii) the employee forfeits all claim to and has received no payment of pension in respect of that period, or if, having received payment of that pension, he or she has refunded the payment,

(iii) in cases where contributions towards pensions were payable during the period, the contributions have been paid by the employee and have not been refunded to him or her or if refunded have again been paid by the employee with interest at the rate that at the time the refund applied in the case of withdrawal of contributions;

(f) the period of service by an employee in the naval, military, or air forces of the Crown, active and ancillary from enlistment to honourable discharge if the employee, immediately before joining the forces, was an employee of the board, or was serving in employment at the Memorial University College, or was employed as a teacher in the province or as an established civil servant as defined by The Civil Service Act or as an employee as defined by the Public Service Pensions Act, and if he or she resumed that employment within 3 months after his or her discharge from the forces or within a further 9 months if within that 9 months the person was prevented from assuming his or her duties as an employee because of illness, injury or other cause attributable to his or her war service.

(2) A person who was previously employed

(a) as a teacher in the province;

(b) as a civil servant as defined by The Civil Service Act;

(c) with a board, agency, commission or corporation created under a statute of the province in respect of which control, direct or indirect, whether by the appointment of members or otherwise vests in the Crown, or a corporation of which 50% of the outstanding common shares is owned by that body, agency, commission or corporation;

(d) with a Crown corporation within the meaning of the Crown Corporations Local Taxation Act;

(e) with a person, firm or body, if, immediately before that employment, the person was an employee, and that person was transferred to the employment of that person, firm or body at the request or under direction of the government of the province;

(f) with a private home for special care as defined in subparagraph 2(c)(i) of the Private Homes for Special Care Allowances Act;

(g) with a non-profit corporation, association or other body established under the laws of the province that, in the opinion of the Lieutenant-Governor in Council, has as its principal objective the provision of a service that it would otherwise be the responsibility of the province to provide and that is dependent substantially on the financial support of the province in order to provide the service;

(h) with the Association of Registered Nurses of Newfoundland;

(i) with the Public Service Credit Union Limited; and

(j) with the Federation of School Board Associations of Newfoundland and Labrador,

and received upon leaving, a refund of contributions from the respective pension plan may elect to buy pensionable service.

(3) The cost of buying pensionable service is based on the formula set out in the regulations.

(4) An employee who was a member of the faculty of the Memorial University College when it was established is entitled on retirement under this Act to a pension equal to 2/3 of his or her pensionable salary.

RSN1970 c232 s18; 1971 No8 s3; 1971 No14 s2; 1973 No101 s5; 1977 c72 s8;
1982 c58 s2; 1987 c39 s6

Back to Top

War service

20. (1) In this section,

(a) "employee" means a person, including a person retired on pension, to whom this Act applies; and

(b) "war service" means the total period of service of an employee during World War I, World War II and the Korean War in the Naval, Military or Air Forces of the Crown, the Crown in right of Canada or the Crown in right of the province and includes service in the Merchant Marine, the Auxiliary Forces, the Overseas Forestry Unit and the Rescue Tugs.

(2) An employee who had war service and who retired on pension before April 1, 1975,

(a) if still living, shall have his or her pension recalculated to include his or her war service; or

(b) if deceased, his or her survivor's pension benefits shall be recalculated to include the war service of the deceased employee in the proportion that the relevant provisions of this Act prescribe.

(3) Notwithstanding subsection (2), war service which may not be counted as pensionable service under paragraph 19(1)(f) shall be counted as pensionable service of an employee, provided the employee must have performed not less than 10 years of pensionable service with the university before the addition of war service.

(4) An increase of pension or survivor benefits resulting from a recalculation under subsection (2) is payable with effect from April 1, 1975.

(5) War service shall be credited for pensionable purposes at the rate of 2% for each year of war service.

(6) War service shall not be counted for pensionable purposes

(a) where the counting of that service would result in a refund of contributions made in respect of pensionable service earned by an employee before April 1, 1975; or

(b) where the employee was receiving or entitled to receive under his or her pension plan a maximum pension on March 31, 1975.

(7) An employee who had war service before April 1, 1975, shall be credited with all or a portion of his or her war service, but the amount of war service so counted shall not yield more than the maximum pension under the pension plan of the employee.

(8) War service shall not be counted for pensionable purposes unless the period of war service is confirmed by the Department of Veterans Affairs (Canada) and is substantiated to the satisfaction of the board.

1975 No58 s2

Back to Top

Additional years of service

21. For the purpose of determining the pensionable earnings of an employee who was over 50 years of age when he or she entered the employment of the Memorial University College or the university and has served the Memorial University College and the university, or either of them, continuously for a period of not less than 12 years since his or her employment, the board shall, as years of pensionable service, add to the number of years which the employee has served the Memorial University College and the university, or either of them, a number of years equal to 2/5 of the number of years served.

RSN1970 c232 s19

Back to Top

Temporary pension

22. (1) Where an employee who has not less than 10 years pensionable service is retired under paragraph 15(1)(b) more than 5 years before reaching normal retirement age the board shall award him or her a pension.

(2) At the discretion of the board, the pension awarded under subsection (1) may be awarded from year to year until the board is satisfied that the incapacity is permanent or until normal retirement age is reached.

1977 c72 s9

Back to Top

Survivor's allowance

23. (1) Where an employee

(a) dies while in receipt of a pension;

(b) is entitled to a pension on retirement under section 15, and dies after retirement but before receiving a pension; or

(c) is entitled to a pension on retirement under section 15, and dies before retirement having 10 years of pensionable service,

the board shall award to the surviving spouse an allowance equal to 55% of the pension being paid to the employee or to which the employee is entitled at the date of death, and on the death of the surviving spouse an allowance which the surviving spouse was receiving at the date of his or her death, if the surviving spouse leaves a child under the age of 18 years, shall be paid by the board to the guardian of the child to be spent at the direction of the board for the support, maintenance and education of each child until the child reaches the age of 18 and where there are 2 or more children each child shall share equally in the benefits to be derived from the allowance.

(2) Notwithstanding subsection (1), the age limit of 18 set out in that subsection is increased to 24 while the child is in full-time attendance at a school or post-secondary institution.

(3) Where the age of an employee exceeds the age of his or her surviving spouse at the time of his or her death by 20 years or more, the allowance which may be made under subsection (1) shall be reduced to an amount that the ratio of the reduced allowance to the allowance is equal to the ratio of a life annuity of $1 a year to a person whose age is 20 years less than that of the employee at the date of his or her death to the value of a life annuity of $1 a year to the person of the age of the surviving spouse at that date.

RSN1970 c232 s21; 1977 c72 s10; 1979 c48 s2;
1985 c11 s18; 1987 c39 s7

Back to Top

Allowance to survivors of deferred pensioners

24. The board shall pay an allowance in accordance with section 23 to the surviving spouse or child of a deferred pensioner who dies before receiving the deferred pension.

1987 c39 s8

Back to Top

Refund

25. (1) Where an employee

(a) stops being an employee before becoming entitled to a pension under this Act; or

(b) stops being an employee after becoming entitled to a pension under subsection 15(5) before that pension is payable and has not elected to receive a pension under that section

the board shall refund to him or her, within 12 months of his or her ceasing to be an employee or upon his or her ceasing to be an employee at his or her request, the amount of his or her contributions to the fund less payments made by the board authorized by this Act together with compound interest at the rate of 5% a year compounded annually at the end of each calendar year.

(2) The refund of contributions and payment of interest under subsection (1) are instead of all pension rights under this Act.

(3) Notwithstanding subsection (2), a person who has stopped being an employee and who has received a refund under subsection (1) may, if he or she is re-employed by the board and if the board approves, repay to the fund the amount of the refund received, together with compound interest on that amount at the rate of 5% a year compounded annually at the end of each calendar year from the date he or she received the refund to the date of repayment to the fund, and this Act then applies to that person as if he or she had not stopped being an employee except that the time during which the person was not employed by the board does not count as pensionable service.

RSN1970 c232 s23; 1977 c72 s11; 1979 c48 Sch

Back to Top

Repayment

26. Where an employee dies before completing 10 years of service, the board shall pay to the surviving spouse the amount the employee has contributed to the fund together with compound interest at the rate of 5% a year compounded annually at the end of each calendar year, and where the employee does not leave a surviving spouse but leaves a child under the age of 18 years the board shall pay the amount to the guardian of the child to be spent at the direction of the board for the support, maintenance and education of each child until the child reaches the age of 18 and where there are 2 or more children each child shall share equally in the benefits derived from the payment.

1985 c11 s18

Back to Top

Deceased unmarried employee

27. (1) Where an unmarried employee dies before becoming entitled to a pension under this Act, the board shall pay to his or her executor or administrator the amount the employee has contributed to the fund together with compound interest at the rate of 5% a year compounded annually at the end of each calendar year.

(2) Where an unmarried employee

(a) in receipt of a pension dies before he or she has received as pension an amount equal to the amount he or she has contributed to the fund; or

(b) is entitled to a pension on retirement under section 15 and dies after retirement but before receiving a pension,

the board shall pay to his or her executor or administrator the amount by which the contributions of the employee to the fund together with compound interest at the rate of 5% a year compounded annually at the end of each calendar year exceeds the total amount the employee has received as pension.

RSN1970 c232 s25; 1979 c48 s3

Back to Top

Saving

28. Nothing in this Act shall prejudice the right of the board to make a special contract of employment with an employee which contains a provision that this Act shall not apply to him or her.

RSN1970 c232 s26

Back to Top

Adjustment or cancellation of pension

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

RSN1970 c232 s28

Back to Top

Regulations

30. (1) The board may, subject to the approval of the Lieutenant-Governor in Council, make regulations, generally, to give effect to the purpose of this Act.

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

RSN1970 c232 s29

Back to Top

Regulations re pensionable service

31. The Lieutenant-Governor in Council may make regulations prescribing conditions under which an employee or a person about to become an employee may purchase service which shall be counted as pensionable service.

1987 c39 s9

Back to Top

Integration with Canada Pension Plan

32. (1) The Lieutenant-Governor in Council may integrate the operation and effect of this Act with the Canada Pension Plan and may make regulations for that purpose, including regulations

(a) authorizing and requiring the appropriation from sums contributed by an employee under this Act the whole or a part of those sums that may be required to be paid by an employee under the Canada Pension Plan;

(b) authorizing and requiring the appropriation, from the sums paid into the fund under this Act from a source other than that referred to in paragraph (a), the whole or a part of those sums that may be required to be paid by an employer under the Canada Pension Plan;

(c) requiring contributions from an employee where those contributions are required under the Canada Pension Plan and are not required under this Act;

(d) authorizing and requiring payments by the Minister of Finance from the Consolidated Revenue Fund where those payments are required under the Canada Pension Plan and are not appropriated under paragraph (b);

(e) varying the sums required to be paid by an employee or by the Minister of Finance into the fund;

(f) varying the amount of payments, allowances or other sums, except a sum referred to in paragraph (g), provided by this Act to be paid to an employee or to the employee's surviving spouse or children or other persons on the retirement or death of an employee or on that employee ceasing to be an employee; and

(g) varying the amount to be refunded to an employee or his or her personal representatives under this Act by an amount not greater than the amount allocated or paid in respect of the employee under the Canada Pension Plan,

provided that the payments payable to an employee, his or her surviving spouse or dependents under this Act by this section taken with the payments under the Canada Pension Plan, shall not be less than what they would be under this Act had this section not been enacted, and the board may deduct from the employee's salary the sums required to implement these regulations.

(2) Regulations made under this section may be made with retroactive effect.

(3) Regulations made under this section may provide for exempting a person or class of persons from the application of this section or of regulations made under this section.

RSN1970 c232 s31; 1988 c39 s12

Back to Top

Pensionable employment

33. Subject to the Canada Pension Plan, employment as an employee is pensionable employment for the purposes of the Canada Pension Plan.

RSN1970 c232 s32

Back to Top

Reciprocal agreements

34. (1) In this section "public service employer" means

(a) the Government of Canada;

(b) the government of a province of Canada; or

(c) a university in Canada or the body authorized on behalf of that university to enter into agreements of a kind referred to in the other subsections of this section.

(2) Subject to the approval of the Lieutenant-Governor in Council, the board and the Minister of Finance may enter into a reciprocal agreement, which agreement may be retroactive in effect, with a public service employer for the purpose of providing that

(a) where a person stopped or stops being employed by the board to become employed by that public service employer, the service of that person while in the employ of the board shall be counted for pension purposes by that public service employer as if it were service with that employer; or

(b) where a person stopped or stops being employed by a public service employer to become employed by the board, the service of that person with that employer shall be counted for pension purposes under this Act as if it were service in the employ of the board.

(3) The terms and provisions of an agreement entered into under subsection (2) shall have the same effect as if incorporated in this Act.

(4) The board and the Minister of Finance may, in an agreement entered into under subsection (2) with a public service employer, agree that, in respect of a person who stops being employed by the board to become employed with that employer,

(a) the board will, out of the fund, pay to the public service employer an amount equal to the amount of the contributions of that person remaining in the fund on the day on which he or she stopped being employed by the board together with compound interest at the rate of 5% a year compounded annually at the end of each calendar year, together with an additional amount out of the fund that may be approved by the Lieutenant-Governor in Council; and

(b) the Minister of Finance will pay that additional amount, out of the Consolidated Revenue Fund of the province, that may be approved for the purposes of that agreement by the Lieutenant-Governor in Council.

(5) Payment shall not be made under an agreement entered into under subsection (2) in respect of a person

(a) until that person has in the manner specified in the agreement requested the board and the Minister of Finance to make that payment; and

(b) if the person has received or has elected to receive a refund of his or her contributions under this Act.

(6) A request for payment mentioned in subsection (5) may be made by a person within 6 months after the day on which the agreement was executed or within 1 year after the day on which he or she became or becomes employed by the public service employer, whichever day is the later, or before a day specified in the agreement, and the request, if made, is irrevocable and upon the granting of the request the person stops being entitled to a benefit under this Act.

(7) The board and the Minister of Finance may, in an agreement entered into under subsection (2) with a public service employer, agree that, where a person stopped or stops being employed by that employer, service of that person with that employer that, at the time the person left the employment, he or she was entitled to count for the purposes of a superannuation or pension fund or plan of that employer, may, upon payment of amounts and on terms to be specified in the agreement, be counted by him or her as service under this Act without contribution by him or her except as specified in the agreement.

(8) Where a person stops being employed by the board to become employed by a public service employer and the board has refunded his or her contributions remaining in the fund and the date of the refund or election was before the date of an agreement entered into with that employer under subsection (2) but after the effective date of the agreement, then, unless the agreement otherwise provides, that person may in the manner specified in the agreement request the board and the Minister of Finance to make payments under paragraphs (4)(a) and (b), and, upon payment by that person to the board of an amount equal to the amount of contributions and interest refunded and paid to him or her under this Act, together with compound interest on that amount at the rate of 5% a year compounded annually at the end of each calendar year from the date of the refund, the board and the Minister of Finance shall make those payments.

(9) The Lieutenant-Governor in Council may authorize payment of additional sums where considered necessary to give full effect to the purpose of this section or of an agreement entered into under subsection (2), and those payments may be made from the fund or from the Consolidated Revenue Fund, if so authorized.

(10) A teacher within the meaning of section 19 is considered to be an employee of the government of the province for the purposes of this section.

(11) Nothing contained in subsection (10) shall be considered to prevent a separate agreement being entered into under this section with respect to teachers or a class of teachers rather than including those teachers or class of teachers in a general agreement respecting employees of the government of the province.

RSN1970 c232 s33; 1973 No101 s6; 1979 c48 Sch

Back to Top

Agreement with president

35. (1) The board may enter into an agreement with the president of the university at the date of his or her appointment as president or after that date but with effect from that date providing for

(a) the awarding of a pension, which for the purposes of this section includes an annuity, allowance, or gratuity, to the president or to his or her surviving spouse or children, or to both, on his or her retirement or his or her illness or death before or after his or her retirement, and the conditions under which he or she will be entitled to retire;

(b) the terms and conditions upon which a pension may be awarded, including whether it will be awarded on a contributory or non-contributory basis, and the amount of the contribution, to be paid by the person to whom the pension applies; and

(c) other matters touching the awarding and payment of a pension.

(2) An agreement referred to in subsection (1) may include by reference a provision of this Act, other than section 17, as a provision to which the agreement is subject.

(3) A pension awarded under an agreement referred to in subsection (1)

(a) which includes the provisions of the Act, other than section 17, referred to in subsection (2) which relate to the payment of contributions shall be paid out of the fund; and

(b) which does not include the provisions of the Act referred to in paragraph (a) shall be paid out of the current income of the university.

1975 No18 s2

©Earl G. Tucker, Queen's Printer