Second Session,

46th General Assembly

58 Elizabeth II,

BILL 33

AN ACT TO AMEND THE MEMORIAL UNIVERSITY PENSIONS ACT

Received

and Read the First Time ...................................................................

Second

Reading ..............................................................................................

Committee ......................................................................................................

Third

Reading .................................................................................................

Royal

Assent ...................................................................................................

HONOURABLE DARIN

KING

Minister of

Education

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTE

This Bill would amend the Memorial University Pensions Act to

remove mandatory retirement provisions in order to ensure consistency with the Human Rights Code .

A BILL

AN ACT TO AMEND THE MEMORIAL UNIVERSITY

PENSIONS ACT

Analysis

S.15 Amdt.

Retirement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

RSNL1990 cM-8

as amended

1. (1) Subsection 15(1) of the Memorial University Pensions Act is repealed

and the following substituted:

Retirement

(1) An

employee shall be retired under the pension plan

(

a) when he or she

terminates employment on reaching normal retirement age;

(a.1) when he or she makes an election under

subsection (2) or (3) or

section 15.2;

(a.2) where he or she continues past normal

retirement age, at the earlier of termination of employment or reaching the age

at which a pension benefit is required to begin under the Income Tax Act (Canada) ; or

(

b) if he or she is not participating in the long

term disability insurance plan of the university or a similar plan substituted

for it and is unable to perform his or her duties effectively owing to a

physical or mental incapacity medically certified to the satisfaction of the

board or an employer referred to in paragraphs 3(1 )(

b) and (

c) and approved by the board as likely to be permanent.

(2) Subsections 15(7) and 15(8) of the Act are

repealed.

Earl G. Tucker, Queen's Printer