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Legislative Assembly of New Brunswick
Status of Legislation - First Reading Bill
An Act to Amend the Public Service Superannuation Act
 
Legislature :
55
Session :
1
Bill No. :
73
Member :
Hon. Ms. Poirier
First Reading :
2004-6-23
Second Reading :
2004-6-24
Committee of the Whole :
2004-6-25
Amended :
Third Reading :
2004-6-29
Royal Assent :
2004-6-30
Download PDF :
  Bill 73         
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Text of Bill :
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:



1                           Subsection 4(1) of the Public Service Superannuation Act, chapter P-26 of the Revised Statutes, 1973, is amended



(a)               in paragraph (a)



(i)         in subparagraph (iv) by striking out "and" at the end of the subparagraph;



(ii)       in subparagraph (v) by striking out the semicolon at the end of the subparagraph and substituting ", and";



(iii)    by adding after subparagraph (v) the following:



(vi)      any period of leave with full salary or part salary in the case of a contributor who was in full time employment and was granted a leave of absence, if there is written documentation acceptable to the Minister to verify such leave of absence, if he or she resumes full time employment at full salary for at least one year where the period of leave was in excess of two years unless the Minister exempts him or her from resuming full time employment at full salary for at least one year, if he or she makes contributions during or in respect of that period of leave, and if the required contributions are not made during that period of leave, he or she pays, commencing on the date of the termination of that period of leave and within the period of time determined by the Minister which period of time shall not exceed the length of the period of leave, an amount equal to the unpaid contributions, together with interest from the date of the termination of that period of leave to the date the contributions are paid in full, except that this subparagraph does not apply in respect of any service during that period of leave that has been credited to that contributor under this Act or under any other act of the Province or any other jurisdiction;



(b)               in subparagraph (b)(ii)



(i)         in clause (A) by striking out "immediately prior to becoming a contributor under this Act or the Superannuation Act" and substituting "before becoming a contributor under this Act or the Superannuation Act, including any period of continuous full time employment in the Public Service before April 1, 2004, if there is written documentation acceptable to the Minister to verify such period of employment and";



(ii)       by adding after clause (A.5) the following:



(A.6)         any period of leave without salary, including any period of leave before April 1, 2004, in the case of a contributor who is in full time employment and was granted a leave of absence for half days or for part of a week, if there is written documentation acceptable to the Minister to verify such leave of absence, and if he or she elects to pay in respect of that period of leave an amount equal to the amount he or she would have been required to pay had he or she been a contributor during that period, but based on the salary that would be authorized to be paid to him or her at the date of election if he or she were working in full time employment at full salary at that date and the contribution rates applicable at that date, except that this clause does not apply in respect of any service during that period of leave that has been credited to that contributor under this Act or under any other act of the Province or any other jurisdiction,



(A.7)         any period of leave without salary, other than a period of leave referred to in clause (A.6), in the case of a contributor who was in full time employment and was granted a leave of absence, if there is written documentation acceptable to the Minister to verify such leave of absence, if he or she resumes full time employment at full salary for at least one year where the period of leave was in excess of two years unless the Minister exempts him or her from resuming full time employment at full salary for at least one year, if he or she makes contributions during or in respect of that period of leave, and if the required contributions are not made during that period of leave, he or she elects to pay in respect of that period of leave an amount equal to the amount he or she would have been required to pay had he or she been a contributor during that period, but based on the salary authorized to be paid to him or her at the date of election and the contribution rates applicable at that date, except that this clause does not apply in respect of any service during that period of leave that has been credited to that contributor under this Act or under any other act of the Province or any other jurisdiction,



(c)               by adding after subsection (4) the following:



4(5)                   For the purposes of clause (1)(b)(ii)(A.6), a contributor shall be deemed to have received the salary applicable to his or her office or position during the period of leave.



4(6)                   For the purposes of subparagraph (1)(a)(vi) and clause (1)(b)(ii)(A.7), a contributor shall be deemed to have received the salary applicable to his or her office or position during the period of leave.



2                           Subsection 20(1) of the Act is amended in the definition "approved employer"



(a)               in paragraph (d) by striking out "or" at the end of the paragraph;



(b)               in paragraph (e) by striking out the period at the end of the paragraph and substituting a comma;



(c)               by adding after paragraph (e) the following:



(f)                the board of trustees of a pension or superannuation plan that is operated for employees of the Government of Canada, including any Crown Corporation or agency of that Government, or for employees of the Government of a Province or Territory of Canada, or



(g)               an employee association or union that represents employees of the Government of the Province of New Brunswick.



Transitional Provisions

3(1)                   Any action taken before the commencement of this subsection by any person under and in accordance with or for the purposes of section 3 of New Brunswick Regulation 84-105 under the Public Service Superannuation Act shall be deemed to have been validly taken and is ratified and confirmed.



3(2)                   All contributions made to the Superannuation Account before the commencement of this subsection in accordance with section 3 of New Brunswick Regulation 84-105 under the Public Service Superannuation Act shall be deemed to have been validly made and are ratified and confirmed.



3(3)                   Any period of leave counted before the commencement of this subsection as pensionable service under section 3 of New Brunswick Regulation 84-105 under the Public Service Superannuation Act shall be deemed to be pensionable service for the purposes of the Public Service Superannuation Act.



3(4)                   Any benefit received under the Public Service Superannuation Act before the commencement of this subsection by a person in respect of any period of leave counted as pensionable service for that person under section 3 of New Brunswick Regulation 84-105 under the Public Service Superannuation Act shall be deemed to be valid and is ratified and confirmed.



Consequential Amendment

4                           Section 3 of New Brunswick Regulation 84-105 under the Public Service Superannuation Act is repealed.



Commencement

5                           Subparagraph 1(b)(i) of this Act, subparagraph 1(b)(ii) of this Act as it relates to clause 4(1)(b)(ii)(A.6) of the Public Service Superannuation Act, and paragraph 1(c) of this Act as it relates to subsection 4(5) of the Public Service Superannuation Act shall be deemed to have come into force on April 1, 2004.



EXPLANATORY NOTES



Section 1



(a)(i) and (ii)    The amendments are consequential on the amendments made in subparagraph 1(a)(iii) of this amending Act.



(a)(iii)      New provision.



(b)(i) and (ii)    New provisions.



(c)                New provisions.



Section 2



(a) and (b)            The amendments are consequential on the amendments made in paragraph 2(c) of this amending Act.



(c)                New provisions.



Section 3



Transitional provisions.



Section 4



A provision in a regulation is repealed. The amendment is consequential on the amendments made in subparagraph 1(a)(iii) and subparagraph 1(b)(ii) as it relates to clause 4(1)(b)(ii)(A.7) of the Public Service Superannuation Act.



Section 5



Commencement provision.

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Legend
* Private Bill
** Bill referred to Standing Committee on Law Amendments
+ Private Member's Public Bill
++ Motion for second reading defeated
+++ Debate at second reading adjourned
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