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Revised Statutes of Newfoundland 1990


CHAPTER T-4

AN ACT TO PROVIDE FOR THE RETIREMENT AND PENSIONING OF TEACHERS

Analysis

1. Short title

2. Interpretation

3. Superintendents' yearly salary

4. Teaching service

5. Uncertified teaching service

6. Retirement

7. Award of pensions to teachers

8. Calculation of pension

9. Maximum amount of pension

10. Pension not assignable

11. Pensions to surviving spouse

12. Exclusion from s.11

13. Administration of certain pensions

14. Payment of pensions

15. Pensionable service

16. Conditions re pensionable service

17. Broken service

18. Fractions of a year

19. Pensionable service authorized

20. Rights on becoming an employee

21. Adjustment or cancellation

22. Debt due to Crown

23. Premiums

24. Regulations

25. Purchase of service

26. Re-employment of retired teachers

27. Rebate of premiums

28. Records

29. Application of Act

30. Election

31. Re-election

32. Election under former pension plan

33. Conditions under former pension plan

34. Certain premiums returned

35. Deductions and payments

36. Certain amounts

37. Award of certain pensions

38. Education Act, 1927

39. Education Act, 1927

40. Education Act, 1927

41. Reciprocity


Short title

1. This Act may be cited as the Teachers' Pensions Act.

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Interpretation

2. (1) In this Act

(a) "board of directors" means a board of directors of a college appointed or continued and operating under the Schools Act;

(b) "college" means a college established or continued and operated under the Schools Act;

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

(d) "Education Act, 1927" means The Education Act, 1927;

(e) "general advisory committee" means the general advisory committee established under section 24 of the Department of Education Act;

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

(g) "pension" means an annual pension;

(h) "pensionable service" means service which may be taken into account in determining whether a pension may be awarded under this Act in respect of service as a teacher and the amount of the pension;

(i) "pensioner" means a teacher who is retired and is receiving a pension under this Act;

(j) "regulations" means regulations made under this Act, regulations made under the Schools Act, regulations made under an Act for which this Act was substituted and in force and regulations made under an Act for which the Schools Act was substituted and in force;

(k) "salary year" means the 12 calendar months from September 1 in a calendar year;

(l) "teacher" means a person holding a valid and existing certificate or licence not lower than Probationer's Licence who is, subject to the Schools Act, appointed or employed by a board of directors or a school board to give instruction or to administer or supervise instructional service in a college or a public school and includes

(i) a district superintendent appointed under section 17 of the Schools Act,

(ii) an assistant district superintendent and a board supervisor appointed under section 19 of the Schools Act, and

(iii) a person who is considered to serve as a teacher by section 4;

(m) "teaching service" means the total period during which a person who holds a valid certificate of grade or a licence is employed as a teacher in the province;

(n) "teaching year" means the 12 calendar months from July 1;

(o) "year of pensionable service" means 190 days of pensionable service within the period beginning on July 1 in a calendar year and ending on June 30 in the next calendar year; and

(p) "yearly salary" includes

(i) the remuneration, including a bonus, except cost of living bonus, paid to a teacher in a salary year, in respect of his or her employment as a teacher, directly or indirectly from money voted by the Legislature,

(ii) where an allocation is not made from money voted by the Legislature in respect of the salary of a teacher in a college or public school, the remuneration which the teacher would receive directly or indirectly from that money, if such an allocation were made,

(iii) in respect of teaching service done before March 1, 1950, payments to a teacher, in a salary year, of salary, augmentation of salary, regular tuition fees and allowances for house rent, or the equivalent of house rent where a house was provided rent free,

(iv) where, during the employment of a teacher in a school, the status of that school is changed to restrict the grades taught to grades below Grade X and as a result of the change that teacher suffers a diminution of the bonus received by him or her directly or indirectly from money voted by the Legislature immediately before that change, an amount, not exceeding the amount of that diminution, paid to him or her by the appropriate school board to compensate the teacher for the diminution,

(v) in respect of pensionable service counted under paragraphs 15(c), (d), (e), (f), (g), (i) and (j), the salary which would have been paid to the teacher concerned, if the pensionable service so counted had been done as a teacher under this Act,

(vi) in respect of pensionable service counted under paragraph 15(h) relating to a period before the teacher received a certificate, the salary which would have been paid to the teacher if the pensionable service had been done by him or her as a teacher qualified by a Grade I certificate, and in respect of that pensionable service, relating to a period after the teacher received a certificate, the salary which would have been paid to the teacher if the pensionable service had been done by him or her as a teacher qualified by that certificate,

(vii) in respect of pensionable service under paragraph 15(l), the salary paid the administrative officer concerned in respect of his or her employment as that administrative officer,

(viii) an amount considered by the regulations to be salary, and

(ix) a period of absence under a deferred salary leave plan, as prescribed by the regulations.

(2) In this Act words and expressions defined by the Schools Act have the meanings assigned to them by that Act.

RSN1970 c102 s2; 1973 No35 Sch; 1977 c55 s1; 1988 c13 s1

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Superintendents' yearly salary

3. (1) In the case of district superintendents who were employed by school boards for the period between September 1, 1968 and April 1, 1973, "yearly salary" includes, in addition to the remuneration referred to in subparagraph 2(1)(p)(i), that part of their remuneration for that period paid from that part of the funds of their school boards consisting of money other than money voted by the Legislature.

(2) Subsection (1) does not apply unless the district superintendent concerned pays to the department, in accordance with section 23 and in respect of each year of pensionable service for the period stated in subsection (1), the premium appropriate to that part of his or her remuneration paid to the district superintendent from the funds of his or her school board mentioned in subsection (1) and each premium shall for the purposes of section 23 be treated as an overdue premium.

1974 No74 s2

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Teaching service

4. For the purposes of this Act, a teacher is a person who

(a) holds a valid certificate or licence not lower than Probationer's Licence, and

(i) teaches in a college or a public school and is paid from money allocated under the Schools Act, or is approved by the minister for the purposes of this Act,

(ii) teaches in a school operated by the department in a land settlement established by the government, or

(iii) teaches in a school operated by the department under section 47 of the Schools Act;

(b) holds a valid certificate or licence not lower than Probationer's Licence or who has similar qualifications approved by the minister, and

(i) is employed by the department and teaches in the Division of Special Services or is employed in circumstances where his or her service is counted as pensionable service under section 15, or

(ii) is employed in a special school or in an institution in the province approved by the minister for the purposes of this Act and receives his or her total remuneration directly from public funds voted by the Legislature;

(c) holds a valid certificate or licence not lower than Probationer's Licence or who has similar qualifications approved by the Teachers' Certification Committee established under the Teacher Training Act and is employed full time in the province to teach

(i) in a school, a private school or an institution for mentally handicapped children, or

(ii) a regular course for mentally handicapped children in a school or private school,

where the school, institution or course has been approved for the purposes of this section by the Lieutenant-Governor in Council, upon the recommendation of the general advisory committee, and the total remuneration of that person has been paid, either directly to him or her, or by way of subsidy to the authority conducting the school, institution or course from public funds voted by the Legislature; or

(d) under the Teachers' Association Act, retains his or her status as a teacher for the purposes of this Act.

RSN1970 c102 s3; 1977 c89 s1; 1990 c13 s1

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Uncertified teaching service

5. (1) Where a person has taught in a college or a school but is not considered to be a teacher under section 4, that person shall be considered to have done pensionable service for that teaching and may qualify for a pension under this Act if on December 17, 1980, the person is a member of a pension plan, the contributions to which are paid into the fund established under the Pensions Funding Act.

(2) Where a person may be paid a pension under this Act because of subsection (1), that person shall, before receiving the pension, pay the pension premiums that are required by this Act for the period during which that person is determined to have done pensionable service.

1980 c44 s1; 1988 c13 s2

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Retirement

6. (1) A teacher shall be retired

(a) at the end of the teaching year in which the teacher reaches the age of 60 years; or

(b) where the teacher is unable to perform his or her duties efficiently owing to an incapacity which is medically certified to the satisfaction of the minister to be likely to be permanent.

(2) A teacher who meets the criteria established by regulations may elect to retire early.

(3) A teacher who

(a) is 55 years old but has not reached compulsory retirement age; and

(b) has done not less than 30 years of pensionable service

may elect to retire.

(4) A teacher who has done not less than 10 years of pensionable service may retire on a deferred pension payable according to section 7.

(5) A teacher who has done not less than 25 years of pensionable service may retire on a deferred pension payable according to section 7.

(6) Where a teacher retires on a deferred pension and there is an increase in the rate of pension after June 1, 1984, that increase shall apply to his or her pension as if the teacher were a pensioner on the 1st day of the month immediately following his or her retirement.

RSN1970 c102 s4; 1980 c44 s2; 1981 c68 s1;
1984 c16 s1; 1985 c11 s7; 1988 c13 s3; 1990 c13 s2

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Award of pensions to teachers

7. (1) The Lieutenant-Governor in Council shall award a pension,

(a) on retirement, to a teacher who has done not less than 10 years of pensionable service and has been retired under subsection 6(1);

(b) on retirement, to a teacher who has retired in accordance with subsection 6(2); and

(c) to a teacher who has retired under subsection 6(4),

(i) at the 1st of the month following the month in which the retired teacher has reached the age of 60 years,

(ii) where after his or her retirement under that subsection the person becomes incapacitated to the extent that that incapacity would, if he or she were employed as a teacher, cause retirement under paragraph 6(1)(b), on that incapacity being medically certified to the minister to be likely to be permanent;

(d) to a teacher who has retired under subsection 6(5) at the 1st of the month following the month in which the retired teacher has reached the age of 55 years or to a teacher who is retired July 14, 1981 and has done not less than 25 years of pensionable service and has reached the age of 55 years; and

(e) to a teacher who has elected to retire under subsection 6(3) from the end of the month in which his or her elected retirement becomes effective.

(2) The award of a pension under this section shall be subject to the approval of the minister or the approval of a person to whom the minister delegates in writing the exercise of the power of approval conferred on the minister by this subsection.

RSN1970 c102 s5; 1977 c89 s2; 1980 c44 s3;
1981 c68 s2; 1985 c11 s7

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Calculation of pension

8. (1) The amount of a pension to be paid under section 7 shall be calculated by dividing by 45 the average yearly salary of the teacher during any 5 salary years selected by the teacher to be calculated in accordance with this section and multiplying the result by the number of years of his or her pensionable service, but the number of his or her years of pensionable service shall be considered not to exceed 30.

(2) Paragraphs 2(k) and (o) have no application for the purposes of this section.

(3) In this section

(a) "salary year" means a period in respect of which the teacher is credited with a year of pensionable service; and

(b) "year of pensionable service" means a sequence comprising 10 successive 1/10 parts of a year of pensionable service that are calculated in accordance with the formula prescribed under subsection (4).

(4) The Lieutenant-Governor in Council may make regulations prescribing a formula for calculating days of pensionable service in 1/10 parts of a year of pensionable service, and in reckoning a sequence comprising the successive 1/10 parts, the intervention of a period of non-service or non-pensionable service in the sequence shall be disregarded.

(5) Not more than 10 1/10 parts of a year of pensionable service may be credited in a school year, and where fewer than 10 1/10 parts of a year of pensionable service are credited in a school year, that fraction may be added to fractions credited in other school years for the purpose of calculating a year of pensionable service.

(6) For the purpose of calculating the average yearly salary of a teacher during any 5 salary years the teacher may select the 5 salary years to be used for the calculation from the last 7 salary years of that teacher.

RSN1970 c102 s6; 1981 c68 s3; 1984 c16 s2;
1986 c33 s5

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Maximum amount of pension

9. (1) The maximum annual pension to be paid under section 7 shall not exceed the lesser of

(a) $1,143 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 pensionable service not exceeding 35 years, and

(ii) the average of the best 5 years of remuneration paid to the teacher by the department.

(2) Subsection (1) does not apply to annual pensions of $120 or less for each year of pensionable service or to a portion of the annual pension derived from a teacher's voluntary contributions on account of current pensionable service.

1974 No 74 s3

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Pension not assignable

10. A pension to be paid under section 7 may not be

(a) assigned or otherwise alienated; or

(b) given as security for a loan to the pensioner.

1974 No 74 s3

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Pensions to surviving spouse

11. (1) Where a pensioner, or a person who retired under subsection 6(4) and is not receiving a pension because that person has not reached the age stated or has not been incapacitated as described in paragraph 7(1)(c), or a teacher who has done not less than 10 years of pensionable service as a teacher in the province, dies leaving a surviving spouse, the Lieutenant-Governor in Council shall, subject to the payment of premiums required by and all other provisions of this Act, pay to the surviving spouse during her or his life,

(a) in respect of that pensioner, a pension equal to 55% of the pension awarded to the deceased;

(b) in respect of that person, who retired under subsection 6(4), 55% of the pension which would have been awarded to that person, if immediately before that person's death that person was pensionable under paragraph 7(1)(c); and

(c) in respect of that teacher, 55% of the pension which would have been awarded to that teacher if immediately before the termination of that teacher's last period of pensionable service that teacher had been retired under paragraph 6(1)(b).

(2) Where a pensioner, or a person who retired under subsection 6(4) and is not receiving a pension because that person has not reached the age stated or has not been incapacitated as described in paragraph 7(1)(c) or a teacher who has done not less than 10 years of pensionable service as a teacher in the province, dies leaving children under the age of 18 years but no surviving spouse, the Lieutenant-Governor in Council shall, subject to the payment of premiums required by this Act, pay to the guardian of his or her children or to some other person appointed by the minister,

(a) in respect of that pensioner, a pension equal to 55% of the pension which was awarded to the deceased;

(b) in respect of that person, who retired under subsection 6(4), 55% of the pension which would have been awarded to that person, if immediately before that person's death that person was pensionable under paragraph 7(1)(c); and

(c) in respect of that teacher, 55% of the pension which would have been awarded to that teacher, if immediately before the termination of that teacher's last period of pensionable service that teacher had been retired under paragraph 6(1)(b),

to be spent, subject to the direction of the minister, for the support, maintenance and education of the children concerned until each of the children reaches the age of 18 years, and where there are 2 or more children each shall share equally in the benefits to be derived from the pension.

(3) Where a surviving spouse who is receiving a pension under subsection (1) dies and his or her children under the age of 18 years are living, the Lieutenant-Governor in Council shall pay to the guardian of the children, or to some other person appointed by the minister, a pension equal to the pension which the surviving spouse was receiving, to be spent under the direction of the minister for the support, maintenance and education of each child until each child reaches the age of 18 years, and where there are 2 or more children each shall share equally in the benefits to be derived from the pension.

(4) Payments of pension to a surviving spouse under this section shall stop upon the death of the surviving spouse, and a pension shall not be payable in respect of a child after the child reaches the age of 18 years.

(5) This section does not apply in respect of a teacher who before June 1, 1984 elected or was considered to have elected to be excluded from it.

(6) Notwithstanding subsections (2), (3) and (4) the age limit of 18 years set out in these subsections is increased to 24 years where the child is in full-time attendance at a school or post secondary institution.

RSN1970 c102 s7; 1971 No14 s2; 1971 No49 s2; 1977 c55 ss2 & 3; 1977 c89 s3; 1984 c16 s3

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Exclusion from s.11

12. (1) A married female teacher who after March 1, 1950 and before June 17, 1977 had not elected under subsection 11(5) to be excluded from the operation of section 11 shall be considered to have elected the exclusion.

(2) A person who before June 1, 1984 is excluded from the operation of section 11 by an election or an election considered to have been made under subsection 11(5) as that subsection read immediately before June 1, 1984 may, between June 1, 1984 and June 1, 1985, revoke that election or an election considered to have been made under subsection 11(5).

1984 c16 s4

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Administration of certain pensions

13. Where a guardian or other person referred to in subsections 11(2) and (3) fails to carry out a direction given by the minister, or where that person is not in the opinion of the minister spending the pension in the best interests of a child, or where the minister considers it advisable to do so, the minister may, temporarily or permanently, assume the administration of the pension, or order that it be paid to another person to be named by the minister for expenditure in accordance with this Act.

RSN1970 c102 s8

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Payment of pensions

14. (1) Pensions payable under this Act shall be paid monthly in arrears in equal 1/12 of the annual rate out of the fund established under the Pensions Funding Act.

(2) The pension of a pensioner who dies during a month is payable for the whole of that month, but a pension shall not be paid beyond the end of the month in which the pensioner dies.

(3) Where a pension or rebate of contributions or premiums made by a teacher is payable under this Act in respect of a person who has died and the amount payable does not exceed $1,500, probate or other proof of title of the personal representative of the deceased person may be dispensed with and the amount payable may be paid or distributed to or among the persons appearing to the minister to be the persons beneficially entitled to the estate of the deceased person or to or among 1 or more of those persons.

(4) In determining under subsection (3) the persons to whom or the proportions in which the amount payable is to be paid or distributed, the minister may have regard to payments made or expenses incurred by a person for or on account of burial expenses of the deceased person, and a payment made under subsection (3) or this subsection shall have the same effect in law as if it were made to the personal representative of the deceased person.

RSN1970 c102 s9; 1981 c3 Sch

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Pensionable service

15. For the purpose of determining the pensionable service of a teacher, periods of service may be counted as follows:

(a) service as a teacher after September 1, 1949, until the date of his or her retirement;

(b) service as a teacher before September 1, 1949, which would immediately before May 13, 1950, have been pensionable under The Education Act, 1927, if all of the conditions under which that service would have been pensionable are fulfilled before the expiration of the period described in paragraph 16(1)(b), but for the purposes of this paragraph such service done before or after the teacher reaches the age of 18 years shall be counted as if it had been done after the teacher reached the age of 21 years;

(c) a period spent teaching on the staff of the Memorial University College or the Memorial University of Newfoundland before or after March 20, 1962;

(d) service, before or after March 20, 1962 during a time when any of the Crown's governments is at war, in the Naval, Military or Air Forces, the Merchant Marine, and Forestry Corps or Units, of the Crown, and subject to the approval of the minister, in an auxiliary or educational services connected with them, and an additional period not exceeding 1 year of pensionable service during which the teacher owing to illness, injury or another cause resulting from that service is unable to teach, if immediately before the beginning of that service or at a time within the period immediately preceding the beginning of that service that the Lieutenant-Governor in Council may prescribe, he or she was employed as a teacher in the province and he or she resumed that employment upon the expiration of that service or additional period, or entered upon a course of study or instruction approved as pensionable service under paragraph (h) and resumed employment as a teacher in the province upon the completion of that course or within the period following the completion of that course that the Lieutenant-Governor in Council may prescribe;

(e) subject to the approval of the minister, a period not exceeding 5 years of pensionable service spent teaching in an educational institution outside of the province before or after March 20, 1962, where the teacher

(i) served as a teacher in the province before the beginning of that service outside of the province, resumed teaching in the province and has completed a total of not less than 10 years pensionable service in the province, whether before or after he or she resumed teaching in the province, or

(ii) where he or she did not serve as a teacher in the province immediately before the beginning of that service outside of the province, began his or her employment as a teacher in the province before he or she reached the age of 50 years and has done not less than 10 years of pensionable service in the province;

(f) a period of employment of the person in the public service of the province, occurring before or after March 20, 1962, which would be counted

(i) as pensionable service under The Civil Service Act or the Public Service Pensions Act for which premiums are or have been paid but refunded, with or without interest, and for which no pension is being received by or in respect of, or awarded to or in respect of, that person under either of these Acts,

(ii) as pensionable service under The Civil Service Act or the Public Service Pensions Act in respect of which the person has elected a deferred pension for which premiums have been paid but not refunded and for which a pension is not being received by or in respect of that person under either of those Acts, and

(iii) as non-contributory pensionable service under The Civil Service Act in respect to service before May 1, 1967, where not already counted for the purpose of a pension being received by or in respect of, or awarded to or in respect of, that person under that Act or the Public Service Pensions Act;

(g) where a teacher has served not less than 2 sessions as a member of the House of Assembly, after July 10, 1949, he or she shall be credited with a period of employment served by him or her in the public service of the province, before or after March 20, 1962, which would be counted as pensionable service under The Civil Service Act, if before he or she served as a member of the House of Assembly or was employed in the public service, he or she has done not less than 10 years of pensionable service under paragraph (a), (b) or (h);

(h) subject to the approval of the minister, a period not exceeding in total 4 years during which, whether before or after March 20, 1962,

(i) a teacher, in relation to his or her service as a teacher, or

(ii) a student who is undertaking training as a teacher,

attended a course of study or instruction in a university or a recognized teacher training institution;

(i) periods of absence from employment as a teacher, before or after March 20, 1962,

(i) on sick leave not exceeding in total 12 months in a period of 4 years calculated from the beginning of the earliest period of his or her pensionable service,

(ii) on other special paid leave with full pay granted under and taken in accordance with those conditions that may be prescribed by an Act,

but a period of sick leave shall not be counted during which the teacher was on sick leave and was in receipt of less than full pay in consequence of that sick leave;

(j) subject to the approval of the Lieutenant-Governor in Council, a period not exceeding 10 years of pensionable service during which a teacher was employed overseas in the full-time teaching of children of the personnel of the Canadian Armed Forces, where the teacher

(i) was continuously employed during the whole of his or her absence from the province, and

(ii) served as a teacher in the province immediately before the beginning of overseas service, resumed teaching in the province immediately after the completion of his or her overseas service and has completed a total of not less than 10 years of pensionable service in the province whether before or after he or she resumed teaching, or

(iii) where he or she did not serve as a teacher in the province immediately before the beginning of overseas service, began his or her employment as a teacher in the province before becoming 50 years old and has done not less than 10 years of pensionable service in the province;

(k) a period spent teaching in a private school, before or after March 20, 1962, where the period and the private school are approved for the purpose by the minister;

(l) a period spent as an administrative officer of the Newfoundland Teachers' Association before or after June 17, 1977 where that administrative officer served as a teacher, a teacher-in-training or a public employee at any time before the beginning of his or her service as an administrative officer;

(m) a period as salaried full-time president of

(i) the Newfoundland Teachers' Association referred to in paragraph (l), or

(ii) the Canadian Teachers' Federation

before or after June 17, 1977, where the person concerned served as a teacher, a teacher-in-training or a provincial public employee immediately before beginning his or her service as president;

(n) a period of absence from employment as a teacher for the purpose of educational or sabbatical leave and a period of absence for the purpose of pregnancy or adoption leave not in excess of 1 year for each pregnancy or adoption;

(o) periods considered to be service by the regulations; and

(p) a period of absence under a deferred salary leave plan, as prescribed by the regulations.

RSN1970 c102 s10; 1971 No49 s3; 1973 No99 s2; 1974 No74 s4; 1977 c89 s4; 1984 c16 s5;
1985 c11 s7; 1988 c13 s4

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Conditions re pensionable service

16. (1) A period prescribed in paragraph 15(a), (b), (c), (e), (h), (i), (j), (k), (l), (m), (n) or (o) may be counted as pensionable service, only where those of the following conditions which apply to the period are fulfilled:

(a) in respect of pensionable service counted under paragraph 15(a), the teacher concerned shall pay the premiums imposed by this Act, together with compound interest at the rate of 3% a year from the due date to the date of payment;

(b) in respect of pensionable service counted under paragraph 15(b), the teacher concerned shall pay the premiums and other charges which were due under The Education Act, 1927, immediately before May 13, 1950, together with compound interest at the rate of 3% a year from the due date to the date of payment;

(c) in respect of pensionable service counted under paragraph 15(c), (e), (j) or (k), the teacher concerned shall pay the premiums which would have been due, if this Act applied to him or her when the service was done, together with compound interest at the rate of 3% a year covering the period from the date when the premiums would have become due, if this Act had applied, until the date of payment;

(d) in respect of pensionable service counted under paragraphs 15(h) and (i), the teacher concerned shall pay the premiums which would be due if the pensionable service had been done as a teacher under this Act, together with compound interest at the rate of 3% a year covering the period from the termination of that service until the date of payment, and the premiums referred to in this paragraph to be paid in respect of pensionable service counted under paragraph 15(h) shall be calculated, in respect of that pensionable service relating to a period before the teacher received a certificate, as if he or she held a Grade I certificate, and in respect of that pensionable service relating to a period after the teacher received a certificate, as if the service had been done by him or her as a teacher qualified by that certificate;

(e) in respect of pensionable service counted under paragraph 15(l), the person concerned shall pay the premiums due under this Act and the Newfoundland Teachers' Association shall pay a sum equal to the premiums at the same time as the person referred to in this paragraph pays the premiums;

(f) in respect of pensionable service counted under paragraph 15(m), the person concerned shall pay the premiums due under this Act and the Newfoundland Teachers' Association or the Canadian Teachers' Federation shall pay a sum equal to the premiums at the same time as the person referred to in this paragraph pays the premiums;

(g) in respect of pensionable service counted under paragraph 15(n), the teacher concerned shall pay the premiums that he or she would have paid had he or she continued to have been employed during the period of absence together with compound interest at the rate of 3% a year; and

(h) in respect of pensionable service counted under paragraph 15(o), the teacher concerned shall pay the premiums that he or she would have paid had the teacher continued to have been employed during the relevant time together with compound interest at the rate of 3% a year.

(2) Premiums are not payable in respect to service described in paragraphs 15(d) and (g) and subparagraph 15(f)(ii), but, with respect to service referred to in subparagraph 15(f)(i), in order for that service to be counted as pensionable service under section 15, the teacher concerned shall pay to the department the full amount of the premiums refunded, plus interest, paid to the teacher, as referred to in that subparagraph together with compound interest at the rate of 3% a year from the date of the refund until the date of payment by him or her to the department.

(3) With respect to service referred to in subparagraph 15(f)(iii), in order for that service to be counted as pensionable service under section 15, the teacher concerned shall pay to the department the full amount of a gratuity paid in respect to that service together with compound interest at the rate of 3% a year from the date of the payment to him or her until the date of the payment by him or her to the department.

(4) Where a premium plus interest referred to in subsection (2) or a gratuity referred to in subsection (3) has not actually been refunded or paid to the teacher concerned, a written surrender by the teacher concerned of a claim to a refund of premiums, and interest payable to the teacher concerned in respect of the premiums, or a gratuity is considered full compliance with subsection (2) or (3).

(5) A teacher who discontinues his or her employment as a teacher and withdraws an amount under section 27 in respect of premiums or contributions paid by him or her, and afterward resumes teaching shall, before pensionable service done up to the date of the withdrawal may be credited to him or her, repay the amount withdrawn together with compound interest at the rate of 3% a year from the date of the withdrawal until the date of repayment.

(6) A premium, other charge, interest or other money required to be paid or repaid by this section may be paid at any time before the retirement of the teacher concerned.

RSN1970 c102 s11; 1971 No14 s2; 1971 No 49 s4; 1977 c89 s5; 1988 c13 s5

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Broken service

17. Broken periods of service under paragraphs 15(a), (c), (d), (e), (f), (g), (h), (i), (j), (k), (l), (m) and (n) may be counted as pensionable service.

1977 c89 s6

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Fractions of a year

18. Notwithstanding subsection 8(5), upon the total number of years of pensionable service being calculated, a fraction of a year of pensionable service equal to or greater than 1/2 shall be counted as a year of pensionable service, but a fraction less than 1/2 shall not be taken into account.

RSN1970 c102 s13

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Pensionable service authorized

19. In determining whether a pension may be awarded to or in respect of a teacher under this Act and the amount of the pension, a period shall not be counted as pensionable service which is not expressly authorized by this Act.

RSN1970 c102 s14

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Rights on becoming an employee

20. (1) Where a person who

(a) was covered under a pension plan; or

(b) was an employee and did not make contributions to a pension plan,

established under

(c) the Memorial University Pensions Act;

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

(e) the Public Service Pensions Act; or

(f) the Uniformed Services Pensions Act;

(g) an Act replaced by an Act referred to in paragraphs (c) to (f)

and received a refund of contributions from the pension plan becomes a teacher before reaching retirement age, that person shall be credited with the pensionable service after March 31, 1967 that he or she may elect to purchase on paying a contribution with interest to be calculated in accordance with the formula prescribed by this Act on the yearly salary paid to the teacher on the date of becoming a teacher or recommencing employment as a teacher together with interest on the contributions at an annual effective rate of 3% compounded annually to accrue from the date he or she exercised the election to the date of payments, and the person shall, from the date of becoming a teacher, make contributions to and participate in the pension plan and be subject to this Act.

(2) Where a person who was an employee, and did not make contributions to a pension plan because there was no plan, becomes a teacher before reaching retirement age, that person shall be credited with the pensionable service after March 31, 1967 that he or she may elect to purchase on paying a contribution with interest to be calculated in accordance with the formula prescribed by this Act on the yearly salary paid to the teacher on the date of becoming a teacher or recommencing employment as a teacher together with interest on the contributions at an annual effective rate of 3% compounded annually to accrue from the date he or she exercised the election to the date of payments, and the person shall, from the date of becoming a teacher, make contributions to and participate in the pension plan and be subject to this Act.

(3) Where a person makes an election under this section and purchases all of the pensionable service he or she is eligible to purchase, that person shall be credited with the pensionable service that has accrued 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 with respect to that service.

(4) 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.

1988 c13 s6

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Adjustment or cancellation

21. The minister may adjust or cancel a pension which has been awarded or paid as a result of error or misrepresentation and may make payments in rectification where a pension has been short-paid, and where an overpayment of pension has been made the minister may reduce, suspend or withdraw future payments of the pension until the amount overpaid has been recovered.

RSN1970 c102 s16

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Debt due to Crown

22. Where money is payable to the Crown by a person, the minister may reduce, suspend or withdraw future payments of pension or other money payable to that person under this Act, until the amount payable has been recovered.

1971 No49 s6

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Premiums

23. (1) A person to whom this Act applies shall, in respect of every year of pensionable service credited to the teacher, pay to the department during the salary year in which the pensionable service was done a premium towards that teacher's pension calculated

(a) in the case of a teacher who has 1 or more dependents, the rate prescribed in the regulations; and

(b) in the case of a teacher who does not have dependents, the rate prescribed in the regulations.

(2) Where because of a change in the teacher's circumstances the status of the teacher changes in relation to paragraph (1)(a) or (b), the calculation of the premium shall change accordingly, and the teacher shall as soon as possible inform the minister in writing of the change and the date of its happening.

(3) In this section "dependent" means

(a) a child of the age referred to in section 11, including adopted children and step-children; and

(b) a spouse.

(4) Notwithstanding subsection (1), a teacher who immediately before June 1, 1984 was excluded from the operation of section 11 by an election or an election considered to be an election under subsection 11(5) may, unless that teacher resumes employment as a teacher after June 1, 1984, continue to pay a premium calculated in accordance with paragraph (1)(a) in force immediately before June 1, 1984.

(5) All premiums towards teachers' pensions fall due in arrear in equal monthly instalments.

(6) Where a premium is overdue compound interest at the rate of 3% a year shall, for the period from the due date of the premium until the date of payment, be payable in addition to the premium.

(7) The department may deduct instalments of premiums as they fall due, or on a date not earlier than 15 days from the due date, from the yearly salary of or from money payable by the department to a teacher or from money payable to a board of directors or a school board in respect of the salary of that teacher, and may in making that deduction make necessary adjustments in respect of short payments or overpayments of premiums.

(8) A premium is not payable in respect of a period which may not be counted as pensionable service, and where only a fraction of a year of pensionable service is done in a salary year the premium in respect of that fraction shall be adjusted accordingly.

(9) Premiums for the salary year 1949-50 shall be payable from March 1, 1950.

(10) The premiums of a teacher who discontinues his or her employment or dies is payable for the whole of the month in which he or she discontinues employment or dies.

(11) Where a teacher has done not less than 30 years of pensionable service that teacher is not required to make payments of premiums under subsection (1) or (1a) in force immediately before June 1, 1984 after the month in which the teacher completes 30 years of pensionable service.

RSN1970 c102 s17; 1977 c55 s4; 1977 c89 s7;
1980 c44 s4; 1981 c68 s4; 1984 c16 s6; 1990 c13 s3

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Regulations

24. The Lieutenant-Governor in Council may make regulations

(a) prescribing the procedure to be followed in relation to the proof of good health, age or death required by this Act; and

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

RSN1970 c102 s18

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Purchase of service

25. Subject to prior approval of the Lieutenant-Governor in Council, the minister may make regulations establishing conditions under which a teacher or a person who is about to become a teacher or who has been a teacher may purchase service which shall be counted as pensionable service and those regulations may be made with retroactive effect.

1984 c16 s7

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Re-employment of retired teachers

26. (1) A pensioner who was retired under section 6 and who has not reached the age of 65 years may, upon proof of good health and subject to the consent of the minister, be re-employed as a teacher.

(2) For the purposes of subsection (1), a person is a pensioner immediately upon his or her retirement, if entitled to a pension, under section 6, whether or not he or she is actually receiving a pension at the time of re-employment under that subsection.

(3) The minister may, by written notice, require a pensioner who has retired under paragraph 6(1)(b) and who has not reached the age of 60 years to make himself or herself available for a medical examination to be held in accordance with the regulations and where the pensioner is found to be in good health may, by a further written notice, require the pensioner to resume employment as a teacher.

(4) The pension of a pensioner referred to in subsection (3) who, upon the receipt of the notice mentioned in that subsection, fails to present himself or herself for medical examination under that subsection or upon receipt of the further notice mentioned in that subsection fails to resume employment as a teacher shall be discontinued during the period in which he or she fails to comply with the request contained in that notice.

(5) Where a pensioner is employed as a teacher, his or her annual pension shall be reduced by the amount that would, but for this subsection, be paid to him or her on account of his or her pension during the period while the pensioner is employed, except the months of July and August occurring in the 1st teaching year immediately following the date on which the pensioner retired.

(6) Notwithstanding subsection (5), where a pensioner teaches during the 2nd teaching year occurring after the date on which he or she retired or during a later teaching year, that part of his or her annual pension which would, but for this subsection, be payable to the pensioner in the months of July and August occurring immediately after the end of that teaching year shall not be paid, but where that part of his or her salary payable to the pensioner in those months of teaching service done by him or her during that teaching year is less than 1/6 of his or her annual pension, then, he or she shall be paid in those months a portion of his or her pension sufficient when added to that part of his or her salary to bring the total of salary and pension payments for those months up to an amount equal to 1/6 of his or her annual pension.

(7) Service as a teacher done by a person who, whatever his or her age, was retired under this Act shall not be counted as pensionable service.

(8) A pensioner referred to in subsection (1) who resumes employment as a teacher shall, from the date of his or her final retirement under this Act, have his or her pension reassessed as if the pensioner were being retired for the 1st time, and years of teaching service done since his or her pension was 1st calculated shall, if the pensioner pays the premium referred to in section 23, be counted as pensionable service, but a period during which he or she failed to present himself or herself for medical examination or failed to resume employment as a teacher in accordance with subsection (3), or teaching service done after he or she reaches the age of 65 years shall not be taken into account.

(9) Notwithstanding subsections (5) and (6), a pensioner who is employed as a teacher in an adult education school in the province may, subject to the written approval of the minister as to the school, be paid the full amount of his or her pension while he or she is so employed.

(10) Notwithstanding subsections (5) and (6), a pensioner who is employed as a teacher otherwise than in an adult education school in the province may, subject to the written approval of the minister, be paid the full amount of his or her pension while he or she is so employed, provided the employment does not exceed in total 65 days in a salary year, and where in a salary year the employment exceeds 65 days he or she shall repay the province the pension covering the excess, and the repayable pension shall be a debt due to the Crown and may be recovered from the pensioner, either by action or deduction from pension payments, or by both methods.

(11) For the purposes of subsection (8), a pensioner may finally retire at a time up to and including the end of the teaching year in which he or she reaches the age of 65 years.

(12) Nothing in this Act shall require a pensioner who resumes employment as a teacher to pay premiums under section 23 for a period after the end of the teaching year in which he or she reaches the age of 60 years, but the pensioner shall not be entitled to have taken into account a period for which he or she has not paid a premium.

(13) Subsection (8) also applies to a teacher re-employed under subsection (1) before June 17, 1969 who continued to be employed on that date.

RSN1970 c102 s21; 1977 c89 s8

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Rebate of premiums

27. (1) Notwithstanding subsection (4), where a teacher who has paid, under The Education Act, 1927, this Act or an Act for which this Act was substituted, contributions or premiums towards his or her pension discontinues his or her employment as a teacher or dies, or where the employment of that teacher as a teacher is otherwise discontinued, an amount shall be returned to him or her or to his or her estate as a rebate in respect of the contributions and premiums according to subsection (4).

(2) A rebate shall not be made under subsection (1) to or in respect of a teacher to whom or to whose surviving spouse or children a pension was or is awarded.

(3) Where the amount of the money paid to and in respect of a teacher by way of pension before the death of the pensioner is less than the amount of the rebate which would have been due under this section if that teacher had died immediately before his or her retirement, the difference between the amount of the rebate which would have been payable and the amount of the pension which was paid to and in respect of him or her shall be paid to his or her estate.

(4) Where a teacher has done pensionable service of a year or less than a year the full amount of his or her contributions or premiums shall be rebated to him or her under this section and where his or her pensionable service exceeds a year the full amount of his or her contributions or premiums together with compound interest of 3% a year shall be rebated to him or her.

RSN1970 c102 s23

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Records

28. The department shall keep records, in a form approved by the Minister of Finance, of the pensionable service of teachers by whom premiums are payable and other information necessary for the calculation of premiums and pensions payable under this Act.

RSN1970 c102 s24

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Application of Act

29. This Act does not apply to

(a) a teacher who is a member of a religious order;

(b) a teacher in respect of whom the minister certifies in writing that although he or she is engaged to teach in the province he or she is obliged to make contributions to a teachers' pension scheme other than that provided by this Act;

(c) a person who substitutes for the same teacher for less than 20 consecutive school days, as defined in the Schools Act;

(d) a person who resumes employment as a teacher after he or she has reached the age of 55 years and who immediately before that resumption has been absent from employment as a teacher for more than 10 years; or

(e) a person who when he or she resumes employment as a teacher may not be credited with pensionable service which together with the maximum pensionable service which may be done by the person during the period from that resumption until he or she reaches the age of 65 years would be sufficient to entitle that person to the award of a pension under this Act.

RSN1970 c102 s25; 1971 No14 s2; 1971 No49 s7; 1985 c11 s7; 1990 c13 s5

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Election

30. (1) A teacher referred to in paragraph 29(a), (b) or (d) may by written notice delivered to the minister elect to be pensioned under this Act, and where he or she exercises his or her election in accordance with this section this Act shall apply to that teacher.

(2) Where a teacher referred to in paragraph 29(a), (b) or (d)

(a) exercised an election under subsection (1) of this section before June 30, 1955, or before the expiration of 2 years from the beginning or resumption of his or her employment as a teacher; or

(b) otherwise becomes a teacher to whom this Act applies,

service done by him or her while he or she was a teacher to whom this Act did not apply which might have been counted as pensionable service if this Act had applied to the teacher when the service was done may be counted as pensionable service under this Act if before his or her retirement the teacher pays the premiums which would have been due if this Act had applied to him or her when the service was done, together with compound interest at the rate of 3% a year covering the period from the date when the premiums would have become due, if this Act had applied, until the date of payment.

(3) A person who substitutes for the same teacher for 20 or more consecutive school days, as defined in the Schools Act, shall be considered to be a teacher to whom this Act applies.

(4) All the school days worked by a person under subsection (3) shall be counted as pensionable service.

RSN1970 c102 s26; 1990 c13 s6

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Re-election

31. A teacher who exercised an election under subsection 26(2) of The Education (Teachers' Pensions) Act, 1962, may elect further to have this Act apply to her, and then all service done by her while she was a teacher to whom this Act did not apply which might have been counted as pensionable service if this Act had applied to her when the service was done may be counted as pensionable service under this Act if, before her retirement, she pays the premiums which would have been due if this Act had applied to her when the service was done, together with compound interest at the rate of 3% a year covering the period from the date when the premiums would have become due, if this Act had applied, until the date of payment.

RSN1970 c102 s27

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Election under former pension plan

32. (1) This Act does not apply to a teacher who was employed as a teacher before September 1, 1949, who paid before that date at least 1 year's contribution towards a pension under The Education Act, 1927, and who elected under and in accordance with section 25 of The Education (Teachers' Pensions) Act, chapter 103 of The Revised Statutes of Newfoundland, 1952, to remain under the pension scheme which was provided by The Education Act, 1927, immediately before May 13, 1950, and had not revoked that election on March 20, 1962.

(2) A teacher who validly exercised an election referred to in subsection (1) may before the date of his or her retirement revoke that election by a written notice delivered to the minister, upon payment of the additional premiums which would be due if he or she had not exercised the election and the repayment of money returned to the teacher from paid-in premiums at the time he or she exercised the election, together with compound interest on those premiums and money at the rate of 3% a year to the date of payment, the interest to run, in the case of the additional premiums, from the time that they would have fallen due if the election referred to in subsection (1) had not been exercised, and in the case of that money returned to him or her, from the date of the return.

(3) Where a teacher who is married revokes his or her election under subsection (2), he or she may exercise an election under subsection 11(5) at the time of the revocation.

(4) A revocation of an election made under subsection (2) and an election made under subsection (3) are irrevocable.

RSN1970 c102 s28; 1977 c55 s5

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Conditions under former pension plan

33. (1) A teacher who validly exercised an election referred to in subsection 32(1) is, upon payment of the contributions and other charges required and the performance of the other conditions prescribed by The Education Act, 1927, immediately before May 13, 1950, eligible for the award of a pension, or to withdraw his or her contributions towards that pension, in the same amount, at the same time and upon the same terms and conditions as if this Act and The Education (Teachers' Pensions) Act, chapter 103 of The Revised Statutes of Newfoundland, 1952, had not been enacted.

(2) Where a teacher validly exercised an election referred to in subsection 32(1), he or she shall pay the contributions or charges mentioned in subsection (1) to the department, and those contributions or charges shall fall due monthly in arrear, and the department may deduct those instalments from the salary or a grant payable to or in respect of the salary of the teacher concerned and subsections 23(6) and (10) shall apply in respect of those contributions or charges as if they were premiums referred to in that section.

RSN1970 c102 s29

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Certain premiums returned

34. Where a teacher validly exercised an election referred to in subsection 32(1), the difference between the premiums paid by or deducted in respect of him or her under The Education (Teachers' Pensions) Act, chapter 103 of The Revised Statutes of Newfoundland, 1952, and the premiums which would have been payable by him or her under section 33 of this Act for the same period shall be repaid to him or her.

RSN1970 c102 s30

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Deductions and payments

35. (1) Premiums and other charges collected by the department under this Act shall be paid to the credit of the fund, and pensions and other charges payable under this Act shall be paid out of the fund.

(2) The department shall pay out of the Consolidated Revenue Fund and pay into the fund

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

(b) an amount prescribed by regulation.

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

(4) In this section "fund" means the fund established under the Pensions Funding Act.

1981 c3 Sch

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Certain amounts

36. The amounts, equal to 1% of the total salary of the teacher, referred to in subparagraph 75(b)(2) of The Education Act, 1927, shall be considered not to have been payable under that Act in respect of the 1st school year in which

(a) a person was employed as a teacher;

(b) a teacher resumed teaching after an interruption of more than 2 years; or

(c) a teacher resumed teaching after an interruption of not more than 2 years and had withdrawn his or her premiums paid in respect of his or her former teaching service,

where that 1st school year occurred before May 13, 1950.

RSN1970 c102 s32

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Award of certain pensions

37. Where before March 1, 1950, a person was awarded, or became eligible for the award of a pension under section 75 of The Education Act, 1927, or where a teacher who having validly exercised an election under subsection 32(1) becomes eligible for the award of a pension under section 33, the minister may in respect of that person or teacher exercise the powers entrusted by the repealed provisions of section 75 of The Education Act, 1927, to the trustees of the Teachers' Pension Fund, as if those provisions were not repealed and the minister was named in it instead of those trustees.

RSN1970 c102 s34

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Education Act, 1927

38. Notwithstanding anything contained in this Act for the purpose of the application of section 75 of The Education Act, 1927, in respect of a person,

(a) paragraph 75(m) shall be read as having deleted from it the words "for not more than 2 years" and the words "within the said period of 2 years"; and

(b) paragraph 75(mm), as that paragraph was enacted by the Act No. 23 of 1949, shall be read as having deleted subparagraph (iii).

RSN1970 c102 s36

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Education Act, 1927

39. Notwithstanding anything contained in this Act, for the purpose of the application of section 75 of The Education Act, 1927, in respect of a person, there shall be inserted in section 75 immediately after paragraph (j) (referred to in section 75 as subsection (j)) as paragraph (jA) the following:

(j) a teacher who has contributed to the fund for not less than 10 years may retire on a deferred pension payable at age 60 and receive a pension in proportion to his or her years of service as provided in subsection (i).

1973 No99 s3

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Education Act, 1927

40. Notwithstanding anything contained in this Act, for the purpose of the application of section 75 of The Education Act, 1927, in respect of a person, there shall be added immediately

(a) after paragraph 75(f) the following:

(ff) For the purposes of paragraphs (f) and (g), the average yearly salary during any 3 years means salary based on 30 consecutive 1/10 out of the last 50 1/10 of a salary year of the teacher's service taken into account in determining the amount of pension that may be awarded under this Act in respect of service notwithstanding that those 30 1/10 are interrupted by time that is not considered pensionable service; and the calculation with respect to tenths of a salary year shall be made in accordance with a formula prescribed by regulation under subsection 8(2) of The Education (Teachers' Pensions) Act.;

(b) after paragraph 75(jA) the following:

(jB) Notwithstanding paragraph (f), a teacher shall be awarded a pension in accordance with this Act who has contributed to the fund for not less than 10 years where that person has retired on a deferred pension and since then become mentally or physically incapacitated to the extent that if he or she were still teaching the teacher would be unable to perform his or her duties efficiently as a result of the incapacity which is medically certified to the satisfaction of the minister to be likely to be permanent.; and

(c) after paragraph 75(u) the following:

(v)(1) For the purpose of this fund, where a person has taught school but had not been granted a certificate of grade under this Act, that person shall be considered to have done for that teaching, service that may be taken into account in determining the amount of the pension that may be awarded under this Act in respect of service, if on December 17, 1980 that person is a member of a pension plan, the contributions to which are paid into the fund established under The Pensions Funding Act.

(2) Where a person may be paid a pension under this Act because of subsection (1), that person shall, before receiving that pension, pay those pension premiums that are required by this Act for the period during which that person is considered to have done service for the teaching described in subsection (1).

(w) Notwithstanding paragraphs (f), (i) and (j) a teacher may elect to retire where he or she

(a) has reached the age of 55 years but has not reached compulsory retirement age; and

(b) has done not less than 30 years of service that may be taken into account in determining the amount of pension that may be awarded under this Act in respect of service.

(x) Notwithstanding paragraph (f), where a teacher has retired on a deferred pension, that teacher shall be awarded a pension in accordance with this Act at the 1st of the month following the month in which the retired teacher has reached the age of 55 years where he or she has done not less than 25 years of service that may be taken into account in determining the amount of pension that may be awarded under this Act in respect of service.

(y) A teacher who has elected to retire under paragraph (w) shall receive a pension in accordance with this Act from the end of the month in which his or her elected retirement becomes effective.

(z) Notwithstanding paragraph (f), where a teacher has done not less than 30 years of service that may be taken into account in determining the amount of pension that may be awarded under this Act in respect of service, that teacher is not required to make payments of premiums under paragraph (b) after the month in which the teacher completes 30 years of service.

1981 c68 s5; 1984 c16 s8

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Reciprocity

41. (1) Without limitation of section 33 of the Memorial University Pensions Act, a person who, before becoming a teacher, was in the employment of the Government of Canada or of a province 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 under an agreement made under subsection (2) which provides for crediting, on a reciprocal basis, in respect of a teacher who joins the service of that government the whole or part of the pensionable service of that teacher 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 the Government of Canada or a province to give effect to subsection (1) and to provide for payments to be made into and out of the fund established under the Pensions Funding Act with respect to that agreement.

(3) Where a person

(a) has completed service as a teacher under this Act for which premiums have been paid but refunded, with or without interest;

(b) has since completed pensionable service credited to him or her under an agreement made under subsection (2); and

(c) on or after November 20, 1980 was teaching in a province that was a signing party to an agreement made under subsection (2),

that person may pay back those premiums that were refunded, together with compound interest on those premiums at the rate of 3% a year to the date of payment.

1973 c99 s3; 1977 c89 s9; 1980 c21 s1; 1981 c3 Sch; 1984 c16 s9

©Earl G. Tucker, Queen's Printer