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Home → Legislative Business → Bills → 40-4

Status of bills in this Session.

4th Session, 40th Legislature

This HTML version is provided for ease of use and is based on the bilingual version that was distributed in the Legislature after First Reading.

Bill 29

THE CIVIL SERVICE SUPERANNUATION AMENDMENT ACT

Bilingual version (PDF)

Explanatory Note

(Assented to )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. C120 amended

The Civil Service Superannuation Act is amended by this Act.

2(1)

The definition "Canada pensionable earnings" in subsection 1(1) is replaced with the following:

"Canada pensionable earnings" means for each calendar year after 1965 in which an employee has service, the salary of the employee for that year, or the maximum pensionable earnings for that year as determined under the Canada Pension Plan, whichever is the lesser; (« gains admissibles au Régime de pensions du Canada »)

2(2)

Subsection 1(1) is further amended

(

a) in the definition "commuted value", by adding " board's " before " actuary "; and

(

b) in the definition "deferred member", by striking out everything after " has not yet commenced ".

3(1)

Subsection 2(5) is amended

(

b) by adding " calendar " after " two consecutive "; and

(

c) by striking out " December 31, 1983, " and substituting " 1983 ".

3(2)

Subsection 2(7) is amended

(

a) in the description of T in the formula by striking out " numerical " wherever it occurs and substituting " calendar "; and

3(3)

Subsections 2(9), (10), (11) and (13) are repealed.

Section 4 is replaced with the following:

Crown bound

This Act binds the Crown.

5(1)

5(2)

Subsection 6(5) is amended by replacing everything before clause (

a) with the following:

Contributions to fund by pre-funding employers

6(5)

In each period during which an employee contributes to the fund by way of a deduction from salary, wages or other remuneration, the employer must contribute to the fund the amount determined under subsection (5.2) if

5(3)

5(4)

5(5)

Subsection 6(5.2) is replaced with the following:

Pre-funding amount

6(5.2)

For the purpose of subsection (5), the amount the employer must contribute in respect of an employee for a period is the amount of the employee's contribution for the period less 0.9% of the employee's Canada pensionable earnings for the period.

5(6)

5(7)

5(8)

Subsection 6(6) is amended by striking out " The Civil Service Superannuation Board " and substituting " the board ".

5(9)

Subsection 6(8) is repealed.

Subsection 9(3) is repealed.

Section 19 is repealed.

Subsection 20.1(1) is amended by adding " other " before " service " in the

section heading.

10(1)

Subsections 21.1(1.2) and (1.3) are repealed.

10(2)

The following is added before subsection 21.1(2):

Provincial court judge or master

21.1(1.4)

Despite subsections (1) and (1.1), if an employee who is a provincial court judge or master of the Court of Queen's Bench is granted a period of parental leave or maternity leave, he or she shall continue to contribute to the fund as if he or she were not on leave.

10(3)

Subsection 21.1(2) is amended by striking out everything after " employee " and substituting " who continues to contribute to the fund in accordance with subsection (1), (1.1) or (1.4). ".

10(4)

Subsections 21.1(3) and (4) are repealed.

Subsections 21.2(3) and (4) are repealed.

Section 21.5 is replaced with the following:

Only current employees eligible to purchase service

21.5

For certainty, only a person who is still an employee may purchase a period of service under a provision of this Act.

13(1)

Subsection 22(3) is repealed.

13(2)

Subsection 22(4) is amended by striking out " (3), ".

13(3)

Subsection 22(6) is amended by striking out " subsection 37(2) and

section 63 or either of those provisions " and substituting "

section 63 ".

13(4)

13(5)

Section 23 is replaced with the following:

Payment of interest by employer

23(1)

Subject to subsections 6(5.1) and (5.4), an employer shall pay to the fund, on or before the last day of each month, an amount equal to

(

a) the amount of any interest accumulated on contributions refunded in that month to any person under

section 41 or 45 in respect of a person who

(

i) died while he or she was employed by the employer, or

(ii) died after he or she retired and was employed by the employer when he or she retired; and

(

b) the amount of the interest portion of an amount paid in that month to any person under subsection 29(6) in respect of a person who

(

i) died while he or she was employed by the employer, or

(ii) died after he or she retired and was employed by the employer when he or she retired.

Amount payable by month end from Consolidated Fund

23(2)

An amount payable by the government under subsection (1) shall be paid out of the Consolidated Fund with money authorized by

an Act to be so paid and applied.

15(1)

Subsection 26(1.2) is repealed.

15(2)

16(1)

Clause 28(1)(

a) is amended by adding " and " at the end of subclause (ii) and by replacing subclauses (iii) and (iv) with the following:

(iii) applies to the board for the allowance within 185 days before ceasing to be an employee;

16(2)

Clause 28(1)(

b) is replaced with the following:

(

b) a deferred member who

(

i) has reached the age of 55 years, and

(ii) applies to the board for an allowance within 185 days before the commencement date proposed in the application;

16(3)

Clause 28(1)(

c) is amended by adding " and " at the end of subclause (iii) and by replacing subclauses (iv) and (

v) with the following:

(iv) applies to the board for an allowance within 185 days before ceasing to be an employee;

16(4)

Subclause 28(1)(d)(iv) is replaced with the following:

(iv) applies to the board for an allowance and satisfies the board that he or she

(

A) has a qualifying disability as defined in

section 31, and

(

B) is entitled to long term disability benefits or will no longer be an employee on the commencement date;

16(5)

Clause 28(1)(

e) is amended by striking out " the end " and substituting " November 30 ".

16(6)

The following is added after subsection 28(1):

Notice must be in acceptable form and specify commencement date

28(1.1)

An application under this

section must be in a form acceptable to the board and specify the date on which the applicant wants the superannuation allowance to commence.

16(7)

Subsection 28(3) is amended

(

a) by replacing clauses (

a) and (

b) with the following:

(

a) in the case of an allowance granted under clause (1)(a), (

b) or (c), the later of the commencement date proposed in the person's application and the date on which the person becomes eligible for the allowance;

(

b) by renumbering clause (

c) as clause (b); and

(

c) in clause (d), by renumbering it as clause (

c) and by striking out " the last day " and substituting " December 1 ".

17(1)

Subsection 29(1) is amended, in the part before clause (a), by striking out "

section 30 " and substituting " sections 29.1 and 30 ".

17(2)

Subsection 29(2) is repealed.

17(3)

Subsection 29(3) is amended

(

a) in the part of clause (

a) before subclause (i), by striking out " by the amount of the net accrued liability of the fund "; and

(

b) in clause (b), by striking out everything after " allowance " and substituting " as of the commencement date. ".

17(4)

Subsection 29(5) is amended by striking out everything after " payments become payable " and substituting " to the recipient's estate. ".

17(5)

The following is added after subsection 29(5):

Transitional

29(5.1)

Despite subsection (5), if a person became entitled to annuity payments under that subsection before January 1, 2016, those annuity payments are payable to that person and not to the estate referred to in that subsection.

17(6)

Subsection 29(6) is replaced with the following:

Lump sum

29(6)

On the application of a person entitled to receive annuity payments under subsection (4) or (5) as a result of the death of a member or recipient, the board may pay the applicant a lump sum equal to the commuted value of the remaining annuity payments, plus interest to the date of payment. The commuted value is to be determined as of the first day of the month following the month in which the death occurred.

17(7)

Subsection 29(10) is replaced with the following:

References to "spouse or common-law partner"

29(10)

In this section, "spouse or common-law partner" of a member means the individual who is the member's spouse or common-law partner at the time that the member applies for an optional annuity under subsection (1).

Section 29.1 is replaced with the following:

Notice of decision required

29.1(1)

A member who is eligible for a superannuation allowance must give the board notice, in a form acceptable to the board, of his or her decision to elect an optional annuity under

section 29 or to receive the allowance calculated in accordance with

section 26.

Time for providing notice of decision

29.1(2)

The notice must be given before the commencement date for the allowance. However, a member who is granted a disability allowance under clause 28(1)(

d) may provide the notice up to 30 days after the board gives the member a written notice confirming the allowance has been approved.

Default if election not made

29.1(3)

A member who does not provide the notice within the time permitted is deemed to have elected

(

a) the annuity under clause 29(1)(b) (joint annuity — 2/3 pension to survivor), if at the commencement date the member has a spouse or common-law partner and they are not living separate and apart by reason of a breakdown in their relationship; and

(

b) in any other case, the annuity under clause 29(1)(d) (minimum 10-year pension).

Subclause 29.2(2)(a)(ii) is replaced with the following:

(ii) the actuarial value, as at that date, of the monthly CPP pension that would become payable to the member, if

(

A) the CPP pension were commenced when the member reached the age of 60,

(

B) the CPP pension were based only on the member's service under this Act, and

(

C) no changes were made to the Canada Pension Plan ;

Subsection 29.3(1) is amended by striking out " to whom a superannuation allowance or annuity becomes payable under this Act before reaching " and substituting " whose superannuation allowance or annuity is to commence before January 1, 2016, and before the member reaches ".

21(1)

Subsections 35(1.1) to (4) are repealed.

21(2)

Subsection 35(5) is replaced with the following:

Determining length of service

35(5)

An employee's length of service shall be computed for the purposes of this Act from the date on which the employee first contributed to the fund.

21(3)

Subsection 35(6) is repealed.

21(4)

Subsection 35(7) is replaced with the following:

Leave of absence not counted

35(7)

Subject to

section 21, any period of leave of absence without salary granted to an employee or any period of suspension of an employee without pay shall not be included in computing the employee's length of service for the purposes of this Act.

21(5)

Subsection 35(9) is amended

(

a) in the

section heading, by adding " with partial pay " at t

Document details

Collection	Manitoba — Debates (Hansard)
Citation	40-4 b029e.php
Type	bill
Volume / chapter	40 4 b029e.php
Language	en
Format	html
Source	PROVINCIAL
Identifier	123fdfa1ba432b0d6b081f0f94eb1a15b4e6c5ba

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