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Part II .

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Deputy Minister Pension Arrangement Regulations

made under

Section 88 of the

Public Service Act

R.S.N.S. 1989, c. 376

O.I.C. 2024-44 (effective February 13, 2024), N.S. Reg. 30/2024

Table of Contents

Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.

Click here to go to the text of the regulations .

Citation

Definitions

Pension arrangement continued

Eligibility for retirement with benefit

Annual benefit calculation, terms, conditions, rights and obligations

Retirement before effective date

Citation

1 These regulations may be cited as the Deputy Minister Pension Arrangement

Regulations .

Definitions

2 In these regulations,

“Deputy Minister Pension Arrangement” means the pension arrangement

established by Order in Council 81-1097G dated August 28, 1981, as amended;

“eligible person” means a person who is eligible to receive a Deputy Minister

Pension Arrangement benefit when they retire under

Section 4;

“Pension Plan” has the same meaning as in the Public Service Superannuation Act ;

“pensionable service” has the same meaning as in the Public Service

Superannuation Act ;

“PSSA regulations” means regulations made under the Public Service

Superannuation Act ;

“Superannuation Fund” has the same meaning as in the Public Service

Superannuation Act .

Pension arrangement continued

(1) The Deputy Minister Pension Arrangement and all of its liabilities are continued

subject to these regulations.

(2) All rights under the Deputy Minister Pension Arrangement that accrued to any

person prior to the effective date of these regulations are continued.

Eligibility for retirement with benefit

(1) A person is eligible to receive a benefit under the Deputy Minister Pension

Arrangement when they retire if they meet all of the following requirements:

(

a) the person meets 1 of the following conditions:

(

i) the person holds or has held 1 or more of the following positions,

other than in an interim or acting capacity:

(

A) Clerk of the Executive Council of the Province,

(

B) Deputy Minister of the Province,

(

C) Chief Legislative Counsel of the Province,

(

D) Chief Clerk of the House of Assembly,

(

E) Auditor General of the Province,

(

F) Director of Public Prosecutions of the Province,

(

G) Associate Deputy Minister of the Province,

(ii) the person is a person or member of a class of persons designated by

the Governor in Council;

(

b) the person has served at least 20 years as a member of the Pension Plan, not

including service with a public authority other than the Government of

Canada that has been transferred into the Pension Plan;

(

c) for a person described in subclause (a)(i), the person’s service in 1 or more

of the positions described in subclause (a)(

i) totals at least 5 years;

(

d) the person is at least 50 years old.

(2) Despite subclause (1)(a)(i), the years of service described in clause (1)(

c) may

include service in an interim or acting capacity as a Deputy Minister of the

Province, provided that such period of time served as an interim or acting Deputy

Minister of the Province immediately preceded the person’s appointment as a

Deputy Minister of the Province.

Annual benefit calculation, terms, conditions, rights and obligations

(1) An annual benefit paid to an eligible person under the Deputy Minister Pension

Arrangement must be calculated in accordance with the following formula:

annual benefit = A × 0.02 × B

in which

A = the eligible person’s average annual salary for the 3 years of the eligible

person’s service in the public service of the Province during which the

eligible person’s annual salary was highest

B = the total number of years of pensionable service.

(2) Despite subsection (1),

(

a) the annual benefit payable by the Deputy Minister Pension Arrangement

must be calculated to take into account any benefit to which the eligible

person is entitled or is deemed to be entitled under the Canada Pension

Plan ; and

(

b) the calculation described in clause (

a) must be made in the same manner as

the calculation used to adjust a superannuation allowance under the Pension

Plan to take into account any benefit to which a person is entitled or is

deemed to be entitled under the Canada Pension Plan .

(3) Except as provided in these regulations,

(

a) the annual benefit payable by the Deputy Minister Pension Arrangement is

under the Pension Plan; and

(

b) all rights and obligations contained in the Pension Plan and the PSSA

regulations apply, with the necessary changes in detail, to an eligible person.

Retirement before effective date

6 Despite

Section 4, no person who would be eligible to receive a benefit under the Deputy

Minister Pension Arrangement as a member of the class of persons described in

paragraph 4(1)(a)(i)(

G) will receive a benefit under the Deputy Minister Pension

Arrangement if the person retired before the effective date of these regulations.

Legislative History

Reference Tables

Deputy Minister Pension Arrangement Regulations

N.S. Reg.

30/2024

Public Service Act

Note: The

information in these tables does not form part of the regulations and is

compiled by the Office of the Registrar of Regulations for reference only.

Source Law

The current consolidation of the Deputy Minister Pension Arrangement Regulations made

under the Public Service Act includes all of the following regulations:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

30/2024

Feb 13, 2024

date specified

Feb 23, 2024

The following regulations are not

yet in force and are not included in the current consolidation:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

*See subsection 3(6) of the Regulations Act for

rules about in force dates of regulations.

Amendments by Provision

ad. = added

am. = amended

fc. = fee change

ra. = reassigned

rep. = repealed

rs . = repealed and substituted

Provision affected

How affected

..........................................................

Note that changes to headings are not

included in the above table.

Editorial Notes and Corrections

Note

Effective

date

Repealed and Superseded

N.S.

Regulation

Title

In force

date

Repealed

date

Note: Only

regulations that are specifically repealed and replaced appear in this

table. It may not reflect the entire

history of regulations on this subject matter.