Third

Session, 48th General Assembly

Elizabeth II, 2019

BILL 56

AN ACT RESPECTING A

PENSION PLAN FOR EMPLOYEES OF THE GOVERNMENT OF THE PROVINCE AND OTHERS

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

Second Reading .............................................................................................

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

Third Reading ................................................................................................

Royal Assent ..................................................................................................

HONOURABLE TOM OSBORNE

Minister

of Finance and President of Treasury Board

Ordered to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would repeal and replace

the Public Service Pensions Act, 1991 .

The Bill would

continue the Public Service

Pension Plan Corporation, the Public Service Pension Plan, the Public Service

Pension Plan Fund and the Public Service Supplementary Plan Account;

prescribe government's

obligations to the pension plan and supplementary account;

prescribe the obligations of

employers to the pension plan; and

allow the Public Service

Pension Plan Corporation to administer the Public Service Pension Plan and the Public

Service Pension Plan Fund.

A BILL

AN ACT RESPECTING A PENSION PLAN FOR

EMPLOYEES OF THE GOVERNMENT OF THE PROVINCE AND OTHERS

Analysis

Short title

Definitions

Participation in pension plan

Pension plan

Fund continued

Deductions paid to fund

Government payments

Supplementary account

Transfer of commuted value

Discharge of obligations

Attachment

Error or misrepresentation

Rectification

Marriage breakdown

Appeal

Corporation continued

Application of acts to corporation

Objects of corporation

Board

Corporation and board bound

Funded status of plan

No liability

Indemnification

Binding effect

25. Provincial

Court judges

Pension plan protected

Conflict

Regulations

Pension Benefits Act, 1997

SNL2015 cA-1.2 Amdt.

SNL1991 c22 Amdt.

SNL2001 cC-12.01 Amdt.

SNL2001 cC-14.1 Amdt.

SNL1996 cC-22.1 Amdt.

SNL1992 cE-3.1 Amdt.

RSNL1990 cF-8 Amdt.

RSNL1990 cG-6 Amdt.

RSNL1990 cH-10 Amdt.

SNL2007 cH-17 Amdt.

RSNL1990 cL-19 Amdt.

RSNL1990 cM-8 Amdt.

SNL2014 cO-9 Amdt.

RSNL1990 cP-6 Amdt.

RSNL1990 cP-17 Amdt.

SNL1991 c15 Amdt.

SNL2004 cP-29.1 Amdt.

RSNL1990 cP-43 Amdt.

SNL2009 cP-46.1 Amdt.

RSNL1990 cP-47 Amdt.

SNL2005 cR-15.1 Amdt.

SNL2016 cR-15.2 Amdt.

RSNL1990 cS-25 Amdt.

SNL2018 cT-4.01 Amdt.

SNL1991 c12 Rep.

Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

Short title

1. This

Act may be cited as the Public Service

Pensions Act, 2019 .

Definitions

2. In

this Act

(a) "board" means the board of directors

of the corporation;

(b) "commuted value" means, unless the

context indicates otherwise, the present value of a pension benefit calculated

in accordance with the pension plan;

(c) "contractual employee" means a

person employed on a full-time basis with the government or an employer

specifically stated in a written contract;

(d) "corporation" means the Public

Service Pension Plan Corporation continued under

section 16;

(e) "deferred life annuity" means a sum

of money payable yearly or at another regular interval that

(

i) commences no earlier than the date the person

would have been eligible to retire under the pension plan, and

(ii) continues for the life of the person;

(f) "deferred pension" means a pension

benefit the payment of which is deferred until the person entitled to the

pension benefit is eligible to retire under the pension plan;

(g) "deferred pensioner" means a person

who has elected or is considered to have elected to receive a deferred pension;

(h) "employed on a full-time basis"

means employed for the number of hours required for full-time employment as determined

by the employer;

(i) "employee" means a person who is employed

on a full-time basis

(

i) by the government of the province and paid a

salary out of public funds voted by the Legislature,

(ii) who is included in the pension plan by the corporation

in accordance with the joint sponsorship agreement,

(iii) who is included in the pension plan under an

Act of the province, or

(iv) who is included in the pension plan as of

January 1, 2015,

but does not include

(

v) a contractual employee unless the contractual

employee's contract states that he or she is a member of the pension plan,

(vi) a temporary employee, or

(vii) a person specifically excluded from participation

in the pension plan by the corporation;

(j) "employer" means an employer of an employee included in

the pension plan ;

(k) "former Act" means the Public Service Pensions Act, 1991 ;

(l) "fund" means the Public Service

Pension Plan Fund continued under

section 5;

(m) "funding policy" means the funding

policy attached as Appendix A to the joint sponsorship agreement;

(n) "government" means the government of

the province;

(o) "joint sponsorship agreement" means

the agreement relating to the joint sponsorship of the pension plan between government,

on the one part, and the Association of Allied Health Professionals, the

Canadian Union of Public Employees, the International Brotherhood of Electrical

Workers, the Newfoundland and Labrador Association of Public and Private

Employees and the Registered Nurses' Union of Newfoundland and Labrador, on the

other part, dated December 10, 2014 as amended from time to time and includes

the appendices to the agreement;

(p) "life income fund" and

"locked-in retirement income fund" means a registered retirement

income fund

(

i) established in accordance with the Income Tax Act ( Canada ),

(ii) included in the list established and maintained

under

section 18 of the Pension Benefits

Act Regulations , and

(iii) under which payments commence no earlier than

the date the person would have been eligible to retire under the pension plan;

(q) "locked-in retirement account" means

a registered retirement savings plan

(

i) established in accordance with the Income Tax Act ( Canada ),

(ii) included in the list established and maintained

under

section 18 of the Pension Benefits

Act Regulations , and

(iii) that requires the monies in the registered retirement

savings plan to be transferred to a life income fund, locked-in retirement

income fund or a deferred life annuity before payments may commence;

(r) "minister" means the minister

appointed under the Executive Council Act

to administer this Act;

(s) "pension benefit" means an amount

under the pension plan to which an employee or other person is, or may, become

entitled;

(t) "pension plan" means, unless the

context indicates otherwise, the Public Service Pension Plan continued under

section

4 of this Act;

(u) "pensioner" means a person in

receipt of a pension benefit;

(v) "registered" means registered under

the Income Tax Act ( Canada );

(w) "sponsor body" means the body

appointed in accordance with

section 4 of the joint sponsorship agreement;

(x) "supplementary account" means the

Public Service Supplementary Plan Account continued under

section 8;

(y) "supplementary pension benefit"

means the supplementary pension benefit referred to in subsection 8(3);

(z) "temporary employee" means a person employed

on a full-time basis by an employer for a period not exceeding 3 months; and

(aa) "year's maximum pensionable

earnings" has the same meaning as in the Canada Pension Plan Act ( Canada ).

Participation in

pension plan

3 .

(1) An employee shall contribute to and participate in the pension plan.

(2) In addition to the contributions under

subsection (1), an employee whose pensionable earnings in a calendar year

exceed the pensionable earnings that would require contributions up to the

limit approved under the Income Tax Act ( Canada ) shall

make contributions, at the contribution rate set out in the pension plan, in

respect of the excess pensionable earnings.

(3) The contributions required under subsections

(1) and (2) shall be deducted from the employee's salary.

Pension plan

4 .

(1) The Public Service Pension Plan provided for, by and under the former Act is

continued in accordance with this Act and the documentation prepared and

maintained in accordance with the joint sponsorship agreement prescribing the

terms applicable to the pension plan.

(2) The supplementary pension benefit is not

included in the pension plan.

Fund continued

(1) The

Public Service Pension Plan Fund established under the former Act is continued.

(2) The fund shall be held in trust by the

corporation.

(3) There shall be deposited into the fund

(

a) contributions made by employees and employers

under the pension plan;

(

b) the income of the fund;

(

c) payments made in accordance with

section 7;

and

(

d) any other income arising from the operation of

the pension plan.

(4) Where an employer does not make a contribution

or deposit to the fund in the manner required by this Act, a penalty may be assessed

and levied upon the amount of that contribution or deposit in a manner directed

by the corporation.

(5) There shall be paid out of the fund

(

a) pension benefits, refunds and payments under

the pension plan;

(

b) the operating costs of the fund; and

(

c) other expenditures arising from the operation

of the pension plan.

(6) The assets of the fund may be pooled with the

assets of other pension plans, including other government pension plans, for

investment purposes as directed by the corporation.

Deductions paid

to fund

6 .

(1) An

employer shall pay into the fund all contributions required under the pension

plan and the joint sponsorship agreement.

(2) In addition to the contributions under subsection

(1), where an employee's pensionable earnings in a calendar year exceeds the pensionable

earnings that would require contributions up to the limit approved under the Income Tax Act (Canada), the employer

shall pay into the fund contributions in respect of the employee's excess

pensionable earnings at the contribution rate set out in the pension plan.

(3) The government shall pay the contributions

referred to in subsections (1) and (2) out of the Consolidated Revenue Fund.

Government payments

(1) The

promissory note delivered to the corporation under the former Act continues to

be fully enforceable.

(2) The promissory note shall amortize

$2,685,000,000 over 30 years payable in quarterly instalments of $47,000,000 beginning

on March 31, 2015.

(3) Payments made under subsection (2) shall be

made regardless of the funded status of the pension plan in the future.

(4) The present value of the residual payments

described in subsection (2), discounted at 6%, shall be considered an asset of

the pension plan.

(5) The asset referred to in subsection (4) is a

non-investment asset which is non-marketable and non-transferrable except as

otherwise provided in this Act and which shall be used solely for the purpose

of determining the funded ratio of the pension plan.

Supplementary

account

8 .

(1) The

Public Service Pension Plan Supplementary Account established in the

Consolidated Revenue Fund under the former Act is continued.

(2) The minister shall be responsible for the

supplementary account and the supplementary pension benefits.

(3) Where the calculation of an employee's pension

benefit without application of the limits under the Income Tax Act (Canada)

results in an amount greater than the amount of the employee's actual pension

benefit, the employee shall be entitled to a supplementary pension benefit

equal to the difference between the 2 amounts and on the same terms and

conditions applicable to the pension benefit.

(4) Notwithstanding subsection (3), an employee

referred to in subparagraph 2(i)(ii) shall not be entitled to a supplementary

pension benefit without the approval of the minister.

(5) Where a person is eligible to transfer his or

her commuted value under the pension plan, the person is eligible to receive

payment of the commuted value of his or her supplementary pension benefit.

(6) A supplementary pension benefit shall be paid

from the supplementary account.

(7) The contributions made under subsections 3(2)

and 6(2) shall be paid by the corporation to the supplementary account no later

than the last day of February of the subsequent calendar year.

(8) Where there is insufficient money in the

supplementary account to pay supplementary pension benefits, money shall be

paid from the Consolidated Revenue Fund to the supplementary account to make

the payments.

Transfer of commuted

value

(1) Where

a person is eligible to transfer his or her commuted value under the pension

plan and elects to transfer his or her commuted value, the commuted value shall

be transferred to

(

a) a registered pension plan provided the

administrator of the pension plan agrees to accept the transfer;

(

b) a life income fund, locked-in retirement income

fund or locked-in retirement account; or

(

c) a deferred life annuity purchased from an

insurance company licensed to transact business in Canada .

(2) Subsection (1) does not apply where

(

a) the person's annual pension benefit payable is

less than 4% of the year's maximum pensionable earnings for the calendar year

in which employment is terminated;

(

b) the commuted value of a person's pension

benefit is less than 10% of the year's maximum pensionable earnings for the

calendar year in which employment is terminated; or

(

c) the person provides documentation from a

medical practitioner satisfactory to the corporation that he or she has a

mental or physical disability that is likely to shorten considerably his or her

life expectancy.

(3) For the purpose of a transfer under subsection

(1), a contract to establish a life income fund, locked-in retirement income

fund, locked-in retirement account or a deferred life annuity shall be in the

form of a certified specimen contract filed under

section 18 of the Pension Benefits Act Regulations .

Discharge of

obligations

10. Where a person

(

a) transfers or is paid his or her commuted value

under

section 9;

(

b) receives a refund of all of his or her contributions

to the fund; or

(

c) receives a payout of his or her entitlement

under the pension plan,

the corporation and the pension plan shall

be fully discharged of all obligations to the person in respect of the period

of pensionable service related to the transfer, refund or payout.

Attachment

11. Monies

payable or awarded under the pension plan shall not be assigned, charged,

attached, anticipated or given as security and are exempt from execution,

seizure or attachment, and a transaction purporting to assign, charge, attach,

anticipate or give that pension benefit as security is void, except where

(

a) this

section is overridden by another Act; or

(

b) the transaction is a division of a pension

benefit or supplementary pension benefit in accordance with

section 14.

Error or misrepresentation

12. The

corporation may adjust or cancel a pension benefit which has been paid or

awarded as a result of error or misrepresentation and where an overpayment of a

pension benefit has been made the corporation may recover the overpayment.

Rectification

13. Where

a pension benefit has been underpaid or unreasonable delays in payments have

occurred, the corporation may make payments in rectification together with

interest that may be determined by the corporation.

Marriage breakdown

(1) Where

(

a) a court in the province makes an order for the

division of matrimonial property under the Family

Law Act or a similar order is made by a court outside the province; or

(

b) an employee, deferred pensioner or pensioner

has entered into a separation agreement within the meaning of the Family Law Act to divide matrimonial

property,

a pension benefit or supplementary pension

benefit shall be divided in accordance with the court order or separation

agreement and the pension plan.

(2) Where the corporation applies to the court for

direction under the marriage breakdown provisions of the pension plan, the

court may make or vary an order for the division of matrimonial property as it

considers appropriate in the circumstances and any order made against the

corporation shall be paid from the fund.

Appeal

(1) A

person may, in accordance with the pension plan, appeal a decision of the

corporation in a matter related to, connected with or arising out of his or her

entitlement to or payment of, a pension benefit or other money under this Act.

(2) A person may apply for judicial review of a

decision under subsection (1) within 60 days after receipt of the decision by

filing an application with the Supreme Court.

Corporation continued

(1) The

Public Service Pension Plan Corporation established under the former Act is

continued as a corporation without share capital.

(2) The head office of the corporation shall be at

St. John's .

(3) The corporation is not an agent of the Crown.

(4) The provisions of this

section and sections 17

to 22 constitute the articles of the corporation.

(5) A director or a person employed by the

corporation does not become an officer or employee of the Crown by reason of

that office or employment only.

(6) The name of the corporation may be

changed at any time by a resolution of the board made by the affirmative

vote of all the directors and notice

of the change of name shall be published in the Gazette and is considered to have

effect on the thirtieth day following

the date of publication.

(7) A change in the name of the corporation shall not affect any rights or obligations of

the corporation or render defective any legal proceedings instituted by or

against the corporation and any legal proceedings that may have been

continued or commenced against the corporation under its former name may be

continued or commenced against the corporation

under its new name.

Application of

acts to corporation

(1) The

Corporations Act , except

section 27,

paragraphs 31(a), (

d) and (e), sections 32, 167, 172, 190, 191, 198, 199, 200,

201, 204, 277, 278, 378, and subsection 422(1), does not apply to the

corporation.

(2) The Lieutenant-Governor in Council, on the

recommendation of the sponsor body, may make regulations directing that additional

provisions of the Corporations Act

apply to the corporation, provided that those regulations do not conflict with

this Act.

(3) Where there is a conflict between a provision

referred to in subsection (1) and this Act, this Act prevails.

Objects of corporation

18. The

objects of the corporation are

(

a) to act as trustee of the fund;

(

b) to act as administrator of the pension plan;

(

c) to exercise those other powers and perform

those other duties as may be expressly conferred upon the corporation under the

joint sponsorship agreement;

(

d) to provide pension administration and pension

investment services for any other pension plan that retains the services of the

corporation and is approved by the board; and

(

e) to carry out other activities or

duties as may be authorized by the board.

Board

(1) The

number of persons on the board shall be determined in accordance with the joint

sponsorship agreement.

(2) A director of the corporation, in exercising

his or her powers and discharging his or her duties, shall

(

a) act honestly and in good faith with a view to

the best interests of the pension plan and for the benefit of all employees,

pensioners and deferred pensioners; and

(

b) exercise the care, diligence and skill that a

reasonably prudent person would exercise in comparable circumstances.

(3) The board, by resolution, may make, amend or

repeal by-laws that regulate the business or affairs of the corporation.

(4) By-laws made by the board shall not conflict

with the joint sponsorship agreement.

Corporation and

board bound

20. The

corporation and the board are bound by and shall act in accordance with the

joint sponsorship agreement as provided for in that agreement.

Funded status of

plan

21. Actuarial

surpluses and deficits relating to the pension plan shall be shared in

accordance with the funding policy.

No liability

22 . The

corporation or a person authorized to act under the joint sponsorship agreement

is not liable for loss or damage suffered by another person because of anything

done or omitted to be done under or in the exercise or supposed exercise of the

powers conferred by this Act, where those powers have been exercised in

accordance with subsection 19(2).

Indemnification

23. A

director or officer or a former director or officer who acted in good faith in

the execution of his or her duties and powers and his or her heirs, executors,

administrators and other legal representatives shall be indemnified by the fund

for all legal expenses and all other charges and expenses actually and

reasonably incurred by that director, officer, former director or former

officer, including an amount paid to settle an action or satisfy a judgment in

a civil, criminal or administrative action or proceeding to which the person is

made a party because of being or having been a director or officer.

Binding effect

(1) The

sponsor body's decisions, rules, policies and procedures made or established in

accordance with the joint sponsorship agreement, the pension plan or the fund

shall be binding on the corporation, employers, employees, pensioners and

deferred pensioners and their respective beneficiaries, dependents, estates,

heirs, executors, administrators, successors and assigns.

(2) The corporation's decisions, rules, policies

and procedures made or established in accordance with the joint sponsorship

agreement, the pension plan or the fund shall be binding on the sponsor body,

employers, employees, pensioners and deferred pensioners and their respective

beneficiaries, dependents, estates, heirs, executors, administrators,

successors and assigns.

(3) Notwithstanding subsection (1) or (2), nothing

referred to in those subsections binds or in any way affects a Provincial Court

judge who was a member of the pension plan or a pensioner as of December 31,

Provincial Court

judges

(1) A Provincial Court

judge who was a member of the pension plan as of December 31, 2014 shall

continue to participate in the pension plan as it existed on December 31, 2014.

(2) Any pension benefit related to a Provincial Court

judge's membership in the pension plan shall be determined under the former Act

as it existed on December 31, 2014.

Pension plan protected

26. This

Act shall apply to all pension benefits and supplementary pension benefits

accrued under the former Act.

Conflict

Where this Act conflicts with another Act of the province, this Act shall prevail.

Regulations

28. The

Lieutenant-Governor in Council, on the recommendation of the sponsor body, may

make regulations in accordance with subsection 17(2).

Pension Benefits

Act, 1997

29. The

Pension Benefits Act, 1997 does not

apply to this Act or the pension plan.

SNL2015 cA-1.2

Amdt.

30. Subsections 90(3) and (4) of the Access to Information and Protection of

Privacy Act, 2015 are amended by deleting the reference " Public Service Pensions Act, 1991 "

and substituting the reference " Public

Service Pensions Act, 2019 ".

SNL1991 c22 Amdt.

31. (1) Subsections 8(3) and (4) of the Auditor General Act are amended by

deleting the reference " Public

Service Pensions Act, 1991 " and substituting the reference " Public Service Pensions Act, 2019 ".

(2) Subsection 25(1) of the Act is repealed and the following

substituted:

Pension plan

(1) All

persons employed in the office are employees for the purposes of the Public Service Pensions Act, 2019 and

are entitled to all the benefits under the public service pension plan.

(3) Subsection 25(2) of the Act is amended by deleting the reference

" Public Service Pensions Act, 1991 "

and substituting the reference " Public

Service Pensions Act, 2019 ".

SNL2001 cC-12.01 Amdt.

32. Subsections 9(3) and (4) of the Child and Youth Advocate Act are amended

by deleting the reference " Public

Service Pensions Act, 1991 " and substituting the reference " Public Service Pensions Act, 2019 ".

SNL2001 cC-14.1 Amdt.

33. Subsections 8(3) and (4) of the Citizens' Representative Act are amended

by deleting the reference " Public

Service Pensions Act, 1991 " and substituting the reference " Public Service Pensions Act, 2019 ".

SNL1996 cC-22.1 Amdt.

Section 26 of the College Act, 1996 is amended by deleting the reference " Public Service Pensions Act, 1991 "

and substituting the reference " Public

Service Pensions Act, 2019 ".

SNL1992 cE-3.1 Amdt.

35. (1) Subsections 6(3) and (4) of the Elections Act, 1991 are amended by

deleting the reference " Public

Service Pensions Act, 1991 " and substituting the reference " Public Service Pensions Act, 2019 ".

(2) Subsections 7(3) of the Act is amended by deleting the reference

" Public Services Pensions Act, 1991 "

and substituting the reference " Public

Service Pensions Act, 2019 ".

RSNL1990 cF-8 Amdt.

(1) Subparagraph 2(1)(k.1)(

i) of the Financial Administration Act is repealed

and the following substituted:

(

i) the Public Service Pension Plan Corporation

continued under the Public Service Pensions

Act, 2019 ,

(2) Subsection

20(6) of the Act is amended by deleting the reference " Public Service Pensions Act " and

substituting the reference " Public

Service Pensions Act, 2019 ".

(3) Subsection 32(2) of the Act is amended by

deleting the reference " Public

Service Pensions Act " and substituting the reference " Public Service Pensions Act, 2019 ".

RSNL1990 cG-6 Amdt.

(1) Subparagraph 2(f)(iii) of the Government Money Purchase Pension Plan Act is

amended by deleting the reference " Public

Service Pensions Act, 1991 " and substituting the reference " Public Service Pensions Act, 2019 ".

(2) Paragraph 9(

c) of

Article I of

Schedule A of

the Act is amended by deleting the reference " Public Service Pensions Act, 1991 " and substituting the

reference " Public Service Pensions

Act, 2019 ".

RSNL1990 cH-10 Amdt.

38. Subsections 34(13) and (14) of the House of Assembly Act are amended by

deleting the reference " Public

Service Pensions Act, 1991 " and substituting the reference " Public Service Pensions Act, 2019 ".

SNL2007 cH-17 Amdt.

39. Paragraph 16(1)(

d) of the Hydro Corporation Act, 2007 is amended by deleting the reference

" Public Service Pensions Act, 1991 "

and substituting the reference " Public

Service Pensions Act, 2019 ".

RSNL1990 cL-19 Amdt.

40. Subsection 5(8) of the Liquor Corporation Act is amended by deleting the reference " Public Service Pensions Act, 1991 "

and substituting the reference " Public

Service Pensions Act, 2019 ".

RSNL1990 cM-8 Amdt.

41. Paragraphs 19(1)(

e) and (

f) of the Memorial University Pensions Act are

amended by deleting the reference " Public

Service Pensions Act " and substituting the reference " Public Service Pensions Act, 2019 ".

SNL2014 cO-9 Amdt.

42. Subsection 2(2) of the Other Post-Employment Benefits Eligibility

Modification Act is repealed and the following substituted:

(2) This Act shall be read as one with the Public Service Pensions Act, 2019 and

the pension plan, and words defined in that Act and the pension plan have the

same meaning in this Act.

RSNL1990 cP-6 Amdt.

43. Subsection 9(2) of the Pensions Funding Act is repealed and the following substituted:

(2) Subsection (1) does not apply to the plan

continued under the Public Service

Pensions Act, 2019.

RSNL1990 cP-17

Amdt.

44. The

Schedule to the Portability of Pensions Act is amended by deleting the reference

"The Public Service Pensions Act,

1991 ".

SNL1991 c15 Amdt.

(1) Subsections 5.2(6) and (9) of the Provincial Court Act, 1991 are amended

by deleting the reference " Public

Service Pensions Act, 1991 " and substituting the reference " Public Service Pensions Act, 2019 ".

(2) Subsection 12(2) of the Act is amended by

deleting the reference " Public

Service Pensions Act, 1991 " and substituting the reference " Public Service Pensions Act, 2019 ".

SNL2004 cP-29.1 Amdt.

46. Subsection 4(1) of the Provincial Court Judges' Pension Plan Act is amended by deleting

the reference " Public Service Pensions

Act, 1991 " and substituting the reference " Public Service Pensions Act, 2019 ".

RSNL1990 cP-43 Amdt.

Section 8 of the Public Service Commission Act is repealed and the following

substituted:

Pension and leave

rights

8. A

(

a) commissioner; and

(

b) clerk, officer or employee with the commission

who would, if employed by a department of the government of the province, be an

employee for the purposes of the Public

Service Pensions Act , 2019

is considered to be an employee for the

purposes of the Public Service Pensions

Act, 2019 , including the purposes

of the retirement age and the advanced or deferred pension privileges of an

employee, and shall be subject to the same provisions respecting leave as a

full-time employee of a department of the government of the province, however,

the Lieutenant-Governor in Council may extend the service of a commissioner

beyond normal retirement age and that extension shall be treated as

re-employment after retirement age for the purposes of the public service

pension plan .

SNL2009 cP-46.1 Amdt.

48. Subsection 3(9) of the Public Trustee Act, 2009 is amended by deleting the reference

" Public Service Pensions Act, 1991 "

and substituting the reference " Public

Service Pensions Act, 2019 ".

RSNL1990 cP-47 Amdt.

49. (1) Subsection 115(1) of the Public Utilities Act is amended by

deleting the reference " Public

Service Pensions Act " and substituting the reference " Public Service Pensions Act, 2019 ".

(2) Subsection 115(5) of the Act is amended by deleting the reference

" Public Services Pensions Act "

and substituting the reference " Public

Service Pensions Act, 2019 ".

SNL2005 cR-15.1 Amdt.

Section 17 of the Rooms Act is amended by deleting the reference " Public Service Pensions Act, 1991 "

and substituting the reference " Public

Service Pensions Act, 2019 ".

SNL2016 cR-15.2

Amdt.

Section 22 of the Rooms Act, 2016 is amended by deleting the reference " Public Service Pensions Act, 1991 "

and substituting the reference " Public

Service Pensions Act, 2019 ".

RSNL1990 cS-25 Amdt.

Section 13.1 of the Status of Women Advisory Council Act is amended by deleting the

reference " Public Service Pensions

Act, 1991 " and substituting the reference " Public Service Pensions Act, 2019 ".

SNL2018 cT-4.01 Amdt.

53. Clauses 2(w)(iii)(

B) and (2)(w)(iv)(

B) of the Teachers' Pensions Act, 2018 are amended

by deleting the reference " Public Service

Pensions Act, 1991 " and substituting the reference " Public Service Pensions Act, 2019 ".

SNL1991 c12 Rep.

54. The Public

Service Pensions Act, 1991 is repealed.

Commencement

55. This Act, or a section, subsection or paragraph

of it, comes into force on a day or days to be proclaimed by the Lieutenant-Governor

in Council.

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