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Revised Statutes of Newfoundland 1990


CHAPTER P-44

AN ACT RESPECTING A PENSION PLAN FOR EMPLOYEES OF THE GOVERNMENT

Analysis

1. Short title

2. Definitions

3. Persons employed under contract

4. Application

5. Amount of deductions

6. Deductions and payments

7. Repayment of contributions

8. Pensionable service after April 1, 1967

9. Service prior to April 1, 1967

10. Additional pensionable service

11. Right to a pension

12. Maximum service

13. Suspension of pension

14. Age of commencement

15. Calculation of pension

16. Retirement

17. Pension upon retirement

18. Re-employment of pensioner

19. Offer of re-employment

20. Recalculation of pension

21. Award for injuries received

22. Pension to surviving spouse or child

23. Pension not assignable

24. Purchase of prior service

25. Payment by instalments

26. Pension rights on becoming an employee

27. Leave of absence without pay non-pensionable

28. Dates when pensions payable

29. Committee

30. Purchase of service

31. Reciprocity

32. Regulations re certain employees

33. Appeal

34. Appointment of day for hearing

35. Regulations

36. Pensions or gratuities not attachable


Short title

1. This Act may be cited as the Public Service Pensions Act.

RSN1970 c319 s1

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Definitions

2. In this Act

(a) "Canada Pension Plan" means the Canada Pension Plan, chapter C-8 of the Revised Statutes of Canada, 1985;

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

(c) "Civil Service Act" means The Civil Service Act, Revised Statutes of Newfoundland, 1970, chapter 41;

(d) "contractual officer" means a person employed by the government of the province, or a person included by regulations made under section 32 as an employee, under a contract providing for a specified period of time for employment

(i) of less than 10 years in duration except where

(A) his or her terms of employment provide that this Act shall apply to him or her, or

(B) on request of the person, the Lieutenant-Governor in Council directs, with or without a specified retroactive effect, by order, that this Act shall apply to him or her, or

(ii) of a duration of 10 years or over and whose terms of employment provide for pension arrangements outside this Act;

(e) "contributor" means an employee to whom the pension plan applies and who makes all contributions required by this Act;

(f) "employed on a full-time basis" means employed for not less than the number of working hours prescribed for full-time service in the departments of the government;

(g) "employee" means a person who is employed by the government of the province on a full-time basis and paid a salary out of public funds voted by the Legislature but does not include a contractual officer or a person who is specifically excluded from participation in the pension plan under this Act;

(h) "established civil servant" means an established civil servant within the meaning of the Civil Service Act;

(i) "existing plan" means the pension plan established by the Civil Service Act;

(j) "gratuity" means, as the context indicates, a gratuity paid or payable under this Act;

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

(l) "month" means a calendar month and includes a portion of a calendar month;

(m) "pension" means an annual pension awarded in accordance with the pension plan;

(n) "pension plan" means the pension plan continued under this Act;

(o) "pensionable service" means service done while in receipt of full salary and calculated in years and a fraction of a year which may be taken into account under the pension plan for the purpose of determining whether an employee has qualified for the award of a pension and the amount of the pension;

(p) "pensioner" means a person in receipt of a pension under the pension plan;

(q) "post" means an office or employment to which an employee is or may be appointed;

(r) "retirement age" means the end of the month in which an employee becomes 65 years old;

(s) "salary" means the remuneration paid at an annual, monthly, fortnightly, by-weekly, weekly or hourly rate for the normal working period of the employee, or other remuneration that may be prescribed by regulation, but does not include payments made on a fee basis;

(t) "surviving spouse" means a person of the opposite sex

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

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

(u) "unestablished civil servant" means an unestablished civil servant within the meaning of the Civil Service Act; and

(v) "year" means 12 months.

RSN1970 c319 s2; 1972 No11 s2; 1972 No22 s2; 1974 No87 s2; 1977 c91 s1; 1979 c50 s1; 1981 c3 Sch; 1990 c51 s2

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Persons employed under contract

3. With respect to a person concerning whom an order is made under clause 2(d)(i)(B), section 10 shall, with the necessary changes, apply to the years of pensionable service covered by the order or cancellation for which contributions have not been made.

1972 No22 s3

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Application

4. (1) This Act applies to all employees.

(2) All employees to whom the pension plan applies shall make the contributions prescribed in section 5 and under the provisions of this Act.

(3) An employee shall not be eligible to make an election under this section or to make a contribution to or participate in the pension plan, if he or she

(a) is a student in medicine or nursing or is an employee of a commission appointed under the Public Inquiries Act;

(b) is employed on

(i) a temporary basis for a period not exceeding 3 months, or

(ii) a casual basis for a period for the purpose of relieving or replacing an employee who is absent on authorized leave;

(c) is in receipt of a pension under this Act and he or she has reached retirement age; or

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

(4) An election made under this section is irrevocable.

(5) A female employee who had elected not to participate in the pension plan may elect, upon repayment of a marriage gratuity paid to her, together with contributions that would have been paid by her if she had not so elected, to have all or a portion of the time so purchased credited as pensionable service.

(6) A purchase of pensionable service under subsection (5) shall start with the purchase of the most recent pensionable service and shall conclude with the repayment of a marriage gratuity paid to her.

(7) A female employee who makes an election under subsection (5) may repay her contributions and marriage gratuity in instalments over a period not to exceed the period of prior service purchased or the date of retirement, whichever occurs first, upon the terms and conditions that the minister may prescribe.

RSN1970 c319 s3; 1972 No22 s4; 1977 c91 s2;
1986 c31 s1; 1989 c39 s1

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Amount of deductions

5. (1) There shall be deducted from the salary of an employee to whom the pension plan applies

(a) 6% of that portion of his or her salary which is his or her basic exemption under the Canada Pension Plan;

(b) 4.2% of that portion of his or her salary in excess of his or her basic exemption up to and including his or her Year's Maximum Pensionable Earnings as defined by the Canada Pension Plan; and

(c) 6% of that portion of his or her salary which is in excess of his or her Year's Maximum Pensionable Earnings as defined by the Canada Pension Plan.

(2) The contributions set out in subsection (1) shall stop being deducted upon the completion of 35 years of accrued or purchased pensionable service.

(3) Money deducted from the salary of an employee or paid by him or her under The Pensions (Premiums) Act shall, notwithstanding anything to the contrary contained in that Act, be retained and credited to him or her for the period to which they relate instead of deductions under this section.

(4) When under regulations made under section 35 or for another reason, this Act does not apply to an employee, deductions from the salary of that employee shall not be made afterward under this section, and all money previously deducted under this section or paid by him or her towards a pension under this Act and all deductions made under The Pensions (Premiums) Act shall be returned to him or her together with compound interest at 5% a year calculated at the end of each year on the outstanding balance.

(5) Where the contributions prescribed in subsection (1) have been deducted from the salary of an employee

(a) after he or she reaches retirement age;

(b) after the deductions should have been terminated or reduced under subsection (2); or

(c) for another reason, in excess of the contributions prescribed in subsection (1),

the contributions made by the employee or the difference between the amount of the contributions and the reduced contributions under subsection (2) shall be returned to him or her together with compound interest at 5% a year calculated at the end of each year on the outstanding balance.

(6) Notwithstanding subsection (1), the amount of contributions deducted from the salary of an employee shall be limited to a maximum amount as determined by regulation.

RSN1970 c319 s4; 1974 No87 s4; 1977 c91 s4

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Deductions and payments

6. (1) All deductions made under section 5 shall be deposited each month to the credit of the fund.

(2) Pensions and all other money payable under this Act shall be paid out of the fund.

(3) The government of the province shall pay out of the Consolidated Revenue Fund and pay into the fund

(a) an amount equal to the contributions of each employee under this Act; or

(b) an amount that may be prescribed by regulation.

(4) The employers of those persons included in the pension plan under section 32 shall pay into the fund

(a) an amount equal to the contributions of each employee under this Act; or

(b) an amount that may be prescribed by regulation.

(5) Regulations made under this section may be made with retroactive effect to a date not earlier than July 1, 1980.

(6) In this section "fund" means the fund referred to in the Pensions Funding Act.

1981 c3 Sch

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Repayment of contributions

7. (1) Where an employee to whom the pension plan applies is not entitled to a pension under the pension plan, the contributions made by that employee together with compound interest at 5% a year calculated at the end of each year on the outstanding balance and a gratuity equal to that portion of the gratuity to which the employee would be entitled under the Civil Service Act accrued to and including March 31, 1967, if the relevant provisions of that Act applied to the employee and the employee has not already received the gratuity under the Civil Service Act, may, upon the employee's election, be paid to the employee or if the employee is not living, to the employee's personal representative when

(a) the employee dies before having completed 10 years of pensionable service;

(b) the employee dies after completing 10 years of pensionable service but does not leave a person who may survive the employee and who is entitled to a pension under the pension plan;

(c) the employee was an employee whose service was of a seasonal but recurring nature and not less than 2 years have elapsed after the date of the employee's last employment;

(d) the employee was in a post which was abolished, and a post not lower in rank, salary and emoluments than the post which was abolished has not been offered to the employee within the time prescribed in paragraph 16(c); or

(e) the employee terminated his or her employment, or his or her employment was terminated.

(2) Notwithstanding subsection (1), where a sum is payable to the personal representative of an employee under subsection (1) or another provision of this Act, the minister may, without probate or proof of title, pay or distribute an amount not exceeding $1,500, 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 employee, and in determining the persons to whom or the proportions in which the amount shall be paid or distributed, the minister may have regard to payments made or expenses incurred by the person for or on account of the burial expenses of the deceased employee.

RSN1970 c319 s6; 1977 c91 s5; 1985 c34 s1;
1989 c39 s2

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Pensionable service after April 1, 1967

8. Subject to the regulations, pensionable service of an employee who was or became an employee on or after April 1, 1967, shall be counted from that date or from the date on which he or she began making contributions, whichever is the later.

RSN1970 c319 s8

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Service prior to April 1, 1967

9. An employee who, on April 1, 1967, was

(a) an established civil servant;

(b) an unestablished civil servant;

(c) a married woman;

(d) an employee whose service was of a seasonal but recurring nature; or

(e) an employee who was not classified as pensionable under the existing plan,

shall, in addition to pensionable service under section 8, be credited under the pension plan with

(f) all service completed by him or her as an employee prior to April 1, 1967, whether or not the service was service under the Civil Service Act; and

(g) additional pensionable service which has been credited or which he or she was, before April 1, 1967, eligible to have credited to him or her under the Civil Service Act on retirement,

where he or she elects to participate in the pension plan and repays to the fund established under the Pensions Funding Act, within the time that the minister may approve, a gratuity paid to him or her in respect of the pensionable service.

RSN1970 c319 s9; 1972 No22 s5; 1981 c3 Sch

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Additional pensionable service

10. (1) The Lieutenant-Governor in Council may make regulations prescribing additional years of pensionable service that may be credited to an employee and the terms and conditions upon which that pensionable service shall be credited to him or her.

(2) Notwithstanding subsection (1), nothing in this section or the regulations shall limit or restrict the crediting of additional pensionable service to an employee under the Civil Service Act or impair the employee's position with respect to any pensionable service he or she was eligible, before April 1, 1967, to have credited to him or her on retirement under that Act.

RSN1970 c319 s10; 1977 c91 s6; 1979 c50 s4;
1984 c39 s11

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Right to a pension

11. (1) Every contributor shall receive a pension as a matter of right.

(2) Nothing in subsection (1) or the other provisions of this Act affects the right of the Crown to dismiss an employee or another person.

RSN1970 c319 s11

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Maximum service

12. Notwithstanding subsection 18(1), an employee shall not receive a pension under the pension plan until he or she has been credited with not less than 10 years of accrued or purchased pensionable service.

1977 c91 s7

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Suspension of pension

13. (1) A person shall not receive a pension under the pension plan while he or she is an employee or while he or she is a full-time employee of a body that has its employees included in the pension plan under regulations made under section 32.

(2) Subsection (1) does not apply to a person presently in receipt of a pension and employed by the government of the province or employed by a body that has its employees included in the pension plan under regulations made under section 32.

1977 c91 s7

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Age of commencement

14. An employee who before April 1, 1967, had done pensionable service while under the age of 18 years which is counted as pensionable service under the Civil Service Act shall be credited with that pensionable service under the pension plan.

RSN1970 c319 s13; 1986 c31 s2

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Calculation of pension

15. (1) A pension awarded to an employee or seasonal employee is the product of 2% of the average annual salary of the employee or seasonal employee for the last 60 months of his or her pensionable service prior to retirement multiplied by the number of years or fraction of years of accrued or purchased pensionable service.

(2) A pension awarded under subsection (1) shall not exceed 70% of the employee's average annual salary as calculated under subsection (1).

(3) A pension awarded under subsection (1) shall be reduced by the product of.6% of the employee's average annual salary as calculated under subsection (1) multiplied by the number of years or fraction of years of his or her pensionable service done after March 31, 1967 not exceeding 35.

(4) For the purposes of subsection (3) an employee's average annual salary may not exceed the average of the employee's Year's Maximum Pensionable Earnings under the Canada Pension Plan in the year the employee has retired and in the 2 years immediately prior to the employee's year of retirement.

(5) A pension of an employee shall be reduced under subsection (3) at a time which is the earlier of

(a) the 1st of the month following the month in which the employee becomes 65 years old; or

(b) the effective date of the payment of benefits to the employee under the Canada Pension Plan

where the effective date of the reduction is prior to age 65, the amount of the reduction as calculated under subsection (3) shall be reduced by.5% for each month the effective date as established under paragraph (b) is less than the date established under paragraph (a).

(6) For the purposes of determining the average annual salary of a seasonal employee, the total salary received by such an employee in the 60 months prior to his or her retirement shall be divided by the number of months of service in respect of which the salary was received and multiplied by 12.

1977 c91 s8; 1987 c40 s1

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Retirement

16. An employee shall be retired

(a) when he or she reaches retirement age;

(b) where, after the employee has used up his or her sick leave entitlement, he or she is unable to perform his or her duties efficiently owing to physical or mental incapacity that is medically certified to the satisfaction of the minister as likely to be permanent from a date to be determined by the minister; or

(c) where the post held by the employee is abolished or his or her services are no longer required as a result of a reorganization by which greater economy and efficiency is effected and no other post for which the employee is suited is vacant.

1977 c91 s9

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Pension upon retirement

17. (1) A contributor who has completed not less than 10 years of pensionable service shall, upon his or her retirement for a reason referred to in paragraphs 16(a), (b) and (c), be awarded a pension to be calculated and paid in accordance with section 15 and the other provisions of this Act.

(2) A contributor who

(a) has reached his or her 60th birthday but has not reached retirement age; and

(b) has completed not less than 10 years of pensionable service

may, subject to subsection (8), elect to retire and receive, from the end of the month in which his or her elected retirement becomes effective, a pension to be calculated and paid in accordance with section 15 and the other provisions of this Act.

(3) An employee who has reached the age of 55 and has not less than 30 years of accrued or purchased pensionable service may elect to retire prior to retirement age and shall receive a pension calculated in accordance with this Act from the end of the month in which his or her election becomes effective.

(4) Subsection (3) applies to a former employee who has elected to be paid a pension under subsection (5).

(5) A contributor who terminated his or her employment or whose employment was terminated, for a reason other than disability, before the end of the month in which he or she became 65 years old and who had done not less than 10 years of pensionable service at the termination of his or her employment may, on the termination, elect to receive

(a) a pension calculated in accordance with section 15 and paid to him or her from the date when he or she reaches advanced retirement age, and, for the purposes of this subsection, "advanced retirement age" means

(i) where the contributor has not attained his or her 60th birthday, the end of the month in which he or she becomes 60 years old, or

(ii) where the contributor has attained his or her 60th birthday, the end of the month in which the contributor terminated his or her employment or in which his or her employment was terminated for a reason other than disability; or

(b) a return of his or her contributions together with compound interest at the rate of 5% a year calculated at the end of each year on the outstanding balance,

and where he or she does not make an election under this subsection within the time prescribed in subsection (8), the contributions and interest referred to in paragraph (b) shall be returned to him or her.

(6) An employee who has 10 years of pensionable service and has reached the age of 45 years may only elect a return of contributions together with interest subject to the Pension Benefits Act.

(7) Notwithstanding subsection (6), contributions held under that subsection may be paid out under a reciprocal agreement made under section 31, and upon such a payment being made the election deemed to have been made under that subsection comes to an end.

(8) An election under subsection (2) may be made on or after the day on which the contributor becomes 60 years old and before he or she reaches retirement age, and an election under subsection (5) may be made before the expiration of 6 months next succeeding the date on which the election becomes exercisable, and an election under this section shall be made in writing to the minister.

(9) The contributor may make the election referred to in subsection (2) during a period of 90 days immediately before the day on which the contributor becomes 60 years old in anticipation of his or her 60th birthday, and, upon the contributor reaching his or her 60th birthday, such election shall, for the purposes of that subsection, be considered to be validly made.

(10) An employee who has made an election under paragraph (5)(a) or is considered to have made an election under subsection (6) and later becomes an employee is considered to have revoked his or her election.

(11) Where an employee elects to receive a pension under paragraph (5)(a) and there is an increase in the rate of pension, that increase shall apply to his or her pension as if the employee were a pensioner on the 1st day of the month immediately following his or her election.

(12) Where

(a) prior to March 31, 1982 an employee has made an election under paragraph (5)(a) but has not begun to receive a pension; and

(b) between the time of his or her election and March 31, 1982 there has been an increase in the rate of pension,

that increase shall be applied to the pension of the employee.

(13) An employee, other than one referred to in subsection (6), who elects to receive a pension under paragraph (5)(a) may negate his or her election and his or her contributions shall be returned to him or her together with interest at a rate of 5% compounded annually.

(14) Notwithstanding subsection (6), an employee who elects to receive a pension under paragraph (5)(a) but has not begun to receive a pension may negate his or her election where his or her negation is for the purpose of transferring his or her pensionable service to another pension plan guaranteed by the province and included in the Schedule to the Portability of Pensions Act or added to the Schedule by an order made under section 8 of that Act.

(15) Notwithstanding subsection (3), an employee designated in the regulations who has reached the age of 55 and has not less than 25 years of accrued or purchased pensionable service may elect to retire at any time prior to retirement age and shall receive a pension calculated in accordance with this Act from the end of the month in which the employee's election becomes effective.

(16) The Lieutenant-Governor in Council may make regulations

(a) designating an employee or class of employees or member of a class of employees; and

(b) determining the minimum period of time an employee designated under paragraph (a) must be a member of a class of employees within the public service,

for the purposes of subsection (15).

1972 No22 s7; 1977 c91 s10; 1978 c75 s1;
1979 c50 s5; 1983 c18 s1; 1985 c34 s2; 1989 c39 s4

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Re-employment of pensioner

18. (1) A pensioner may be re-employed after retirement age with the approval of and upon the terms and conditions that may be prescribed by the Lieutenant-Governor in Council.

(2) Where a person retires for the reason prescribed in paragraph 16(a) and later becomes re-employed, the person shall not be required to contribute further to the pension plan, nor shall he or she acquire an additional pension benefit.

RSN1970 c319 s18

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Offer of re-employment

19. (1) A pensioner who receives a pension for the reason prescribed in

(a) paragraph 16(b), and afterward becomes fit to work; or

(b) paragraph 16(c),

may, if he or she has not then reached retirement age, be offered a post by the Lieutenant-Governor in Council, not lower in rank, salary and emoluments than the post from which he or she retired.

(2) Where a pensioner referred to in subsection (1) receives an offer of re-employment under that subsection

(a) within 12 calendar months from the date he or she becomes fit to work, if he or she is a person referred to in paragraph (a) of that subsection; or

(b) within 1 month after his or her post is abolished, if he or she is a person referred to in paragraph (b) of that subsection,

and refuses the offer without reasonable cause for that refusal, his or her pension may be cancelled by the Lieutenant-Governor in Council.

RSN1970 c319 s19

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Recalculation of pension

20. (1) Where a pensioner who has not reached retirement age accepts an offer of re-employment under subsection 13(1) or section 19, his or her pension shall be suspended, and subject to the making of contributions as required under this Act, the period of later employment shall, in calculating his or her pension when the pensioner reaches retirement age, be added to his or her pensionable service accumulated prior to his or her 1st retirement.

(2) A period during which a pensioner referred to in subsection (1) was in receipt of a pension shall not be credited to him or her as years of pensionable service under this section.

RSN1970 c319 s20; 1989 c39 s5

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Award for injuries received

21. (1) Where a contributor is injured

(a) in the discharge of his or her duty;

(b) without advertent negligence on his or her part; and

(c) by some injury specifically attributable to the nature of his or her duty

and has been retired because of that injury, and where a contributor's capacity to contribute to his or her support remains impaired because of the injury, the Lieutenant-Governor in Council may grant to him or her, or where he or she dies from the injury, to his or her surviving spouse, or where the contributor does not leave a spouse surviving him or her, to his or her children, an allowance in accordance with regulations made under subsection (2).

(2) The Lieutenant-Governor in Council may make regulations prescribing the allowances to be granted under this section and the terms and conditions under which they will be paid.

RSN1970 c319 s21

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Pension to surviving spouse or child

22. (1) A pension equal to 55% of a pension being paid to a pensioner who dies, or of a pension that an employee, or former employee who has elected a deferred pension, who dies would have received had he or she been of retirement age at the time of his or her death shall be paid to the surviving spouse on the 1st day of the month following the month in which the death of the pensioner, employee or former employee occurs.

(2) The children of a pensioner, employee or former employee referred to in subsection (1) who dies leaving children but no surviving spouse, or the children of a surviving spouse in receipt of a pension under subsection (1), shall have the pension being paid under subsection (1) paid equally to the surviving children under the age of 18 years or for their benefit.

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

RSN1970 c319 s22; 1977 c91 s11; 1984 c17 s1

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Pension not assignable

23. A pension may not be assigned or given as security, but the minister may

(a) approve payment of the whole or part of a pension to a relative of a pensioner or to another person on the written authority of the pensioner;

(b) direct that payment be made of the whole or part of a pension to a relative or other person who maintains or who is responsible for the maintenance of a pensioner who is suffering from physical, or, subject to applicable law, mental incapacity; or

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

RSN1970 c319 s23

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Purchase of prior service

24. (1) Where a person who was employed as an employee, an established civil servant, an unestablished civil servant or other Crown employee stopped being so employed and becomes an employee after March 31, 1967, he or she may be credited

(a) for service done by him or her before April 1, 1967, with the pensionable service that may be approved by the Lieutenant-Governor in Council, if a gratuity paid to the person is repaid in full; and

(b) for service done by him or her after March 31, 1967, with the pensionable service that he or she may elect to purchase on paying a contribution to be calculated, in accordance with the formula prescribed in section 5, on the annual salary paid to him or her at the beginning of his or her re-employment together with interest on the contributions at an annual effective rate of 8% compounded yearly to accrue from the date he or she exercised his or her election to the date of payment.

(2) Service may only be credited under subsection (1) starting from the person's latest prior service.

RSN1970 c319 s24; 1975 No28 s4; 1977 c91 s12

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Payment by instalments

25. Payment of contributions and interest on contributions for the purchase of prior service under section 24 may be made by instalments with interest at an annual effective rate of 8% a year compounded yearly, and all the instalments shall be paid during that period, not to exceed the period of prior service purchased, and upon other terms and conditions, that the minister may decide.

RSN1970 c319 s25; 1977 c91 s13

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Pension rights on becoming an employee

26. (1) Where a person who was covered under a pension plan established under

(a) the Memorial University Pensions Act;

(b) the Members of the House of Assembly Retiring Allowances Act;

(c) the Teachers' Pensions Act;

(d) the Uniformed Services Pensions Act; or

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

and received a refund of contributions from the pension plan becomes an employee before reaching retirement age, he or she shall be credited with the pensionable service after March 31, 1967 that he or she may elect to purchase on paying a contribution to be calculated in accordance with the formula prescribed in section 5 on the annual salary paid to the person on the date he or she became an employee together with interest on the contributions at an annual effective rate of 8% compounded yearly to accrue from the date he or she exercised his or her election to the date of payments; but the person shall, from the date he or she becomes an employee, make contributions to and participate in the pension plan and be subject to this Act.

(2) Where a person makes an election under subsection (1) and purchases all of the pensionable service he or she is eligible to purchase, he or she shall be credited with the pensionable service that accrued to him or her before April 1, 1967 under a pension plan established under an Act referred to in subsection (1), provided the person repays a refund of contributions or gratuity paid to him or her with respect to that service.

(3) A person is not eligible to be credited with pensionable service under this section where he or she is eligible to be credited with pensionable service under another section of this Act or under another Act.

1983 c18 s2

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Leave of absence without pay non-pensionable

27. (1) Leave of absence without pay shall not be counted as pensionable service unless contributions are paid in respect of the period of that leave of absence.

(2) Service in respect of which contributions payable under this Act have not been paid shall not be counted as pensionable service, but contributions shall not be payable in respect of pensionable service credited to an employee under section 31 or 32 of the Civil Service Act, whether the service so credited is done before or after April 1, 1967.

(3) The contributions made under subsection (1) and the calculation of a pension under section 15 shall be based on the salary that the employee was earning immediately prior to the beginning of his or her leave.

RSN1970 c319 s28; 1974 No87 s6; 1977 c91 s15

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Dates when pensions payable

28. Pensions shall be paid on the dates on which salaries are paid unless the minister otherwise directs and shall stop at the end of the month in which the death of the pensioner occurs.

RSN1970 c319 s29

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Committee

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

RSN1970 c319 s31

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Purchase of service

30. Subject to the prior approval of the Lieutenant-Governor in Council, the minister may make regulations establishing conditions under which an employee or a person who is about to become an employee may purchase service which shall be counted as pensionable service.

RSN1970 c319 s32

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Reciprocity

31. (1) A person who, before becoming an employee, was in the employment of the Government of Canada, the government of another province, or of a corporation or institution having a pension plan and who was a member of that plan may be credited, as pensionable service under this Act, with the whole or part of his or her years of pensionable service credited to him or her with that government, corporation or institution, under an agreement made under subsection (2) which provides for crediting, on a reciprocal basis, in respect of an employee who joins the service of such a government, corporation or institution, the whole or part of the pensionable service of that employee credited to him or her under this Act.

(2) The minister may, with the approval of the Lieutenant-Governor in Council, enter into a reciprocal agreement with a government, corporation or institution 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 fund established under the Pensions Funding Act with respect to such an agreement.

RSN1970 c319 s33; 1981 c3 Sch

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Regulations re certain employees

32. (1) The Lieutenant-Governor in Council may by regulations include in the pension plan persons employed with

(a) 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 such a body, agency, commission or corporation;

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

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

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

(e) 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;

(f) the Association of Registered Nurses of Newfoundland;

(g) the Public Service Credit Union Limited; and

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

and the regulations may prescribe the terms and conditions upon which prior service, which may include service prior to April 1, 1967, with that board, agency, commission, corporation, government or private home for special care may be counted as pensionable service under this Act and may provide for matters relating to this Act, and all persons so included shall be considered to be employees for the purposes of paying contributions to and participating in the pension plan.

(2) Subsection 35(2) applies for the purposes of this section as it applies for the purposes of that section.

1972 No22 s8; 1977 c91 s16; 1979 c50 s7;
1981 c3 Sch; 1981 c70 s1; 1983 c18 s3

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Appeal

33. (1) A contributor 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 him or her of a pension or other money under this Act may appeal from the decision to a judge of the Trial Division.

(2) Where a contributor 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 of 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 contributor or other person or by his or her solicitor or agent, and in the notice, the grounds of the appeal shall be set out, and the contributor or other person shall file a copy of the notice in the office of the Registry of the Supreme Court.

RSN1970 c319 s36; 1974 No57 Sch C;
1986 c42 Schs A&B

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Appointment of day for hearing

34. (1) The contributor or other person shall, within 14 days after service of the notice of appeal under subsection 33(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 brought forward by the employee or other person and by the minister in a summary manner and shall decide the matter of the appeal.

(3) The minister shall produce before the judge on the hearing of the appeal all papers and documents in his or her possession affecting the matter of the appeal.

(4) The costs of the appeal are in the discretion of the judge and he or she 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.

RSN1970 c319 s37; 1974 No57 Sch D;
1986 c42 Sch B

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Regulations

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

(a) to designate a class of persons, otherwise coming within the definition of "employee" provided by paragraph 2(g), to and in respect of whom this Act shall not be applied; and

(b) generally, to give effect to the purpose of this Act.

(2) Regulations made under this section may be made with retroactive effect to a date not earlier than April 1, 1967.

RSN1970 c319 s38

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Pensions or gratuities not attachable

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

RSN1970 c319 s39

©Earl G. Tucker, Queen's Printer