Rights and eligibility extinguished

Deferred pensioners

Reduced pension

Employees eligible

for unreduced pension

6.1

Non-represented

public sector employees

No liability

Act does not affect Provincial Court

judges

Commencement

Schedule

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

Short title

This Act may be cited as the Other

Post-Employment Benefits Eligibility Modification Act .

2014 cO-9 s1

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Interpretation

(1)In this Act

(a)

"employee" means

(

i) a non-represented public sector employee, and

(ii)

a represented public sector employee;

(a.1)

"government " means the government of the province;

(a.2)

"non-represented public sector employee" means a person employed with the government or a participating employer who is not a represented public sector employee;

(b)

"other post-employment benefits" and "OPEB" mean benefits provided to pensioners and their beneficiaries in respect of their eligibility to participate in group health and life insurance programs sponsored by the government or a participating employer;

(c)

"participating employers" means those employers listed in the Schedule;

(c.1)

"represented public sector employee" means a person employed with the government or a participating employer in a position

represented by a bargaining agent certified or recognized under

an Act of the province; and

(d)

"transitional period" means a period of 5 years after the date this Act comes into force.

(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.

2014 cO-9 s2 ; 2018 c26 s1 ; 2019 cP-44.01 s42

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Rights and eligibility extinguished

(1)The following rights to and eligibility for OPEB existing at the date of the coming into force of this Act are extinguished:

(

a) a right to or eligibility for OPEB that an employee or deferred pensioner may have arising from

an act or practice of the government or participating employer; and

(

b) a right to or eligibility for OPEB that an employee or deferred pensioner may have arising from a contract, including a collective agreement.

(2) Nothing in this

section precludes the government or a participating employer from establishing

an act or practice or entering into a contract or collective agreement respecting OPEB eligibility during the period after the coming into force of this Act and before June 1, 2018.

(3) Nothing in this

section precludes the government or a participating employer from entering into a collective agreement with represented public sector employees respecting OPEB eligibility on or after June 1, 2018.

2014 cO-9 s3 ; 2018 c26 s2

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Deferred pensioners

(1)Notwithstanding

section 3, a person who was a deferred pensioner on the coming into force of this Act is eligible for OPEB if that deferred pensioner retires in the transitional period.

(2) Where a deferred pensioner referred to in subsection (1) does not retire in the transitional period, that deferred pensioner's right to OPEB is preserved where that deferred pensioner agrees to pay 100% of the required premiums.

(3) Where a deferred pensioner referred to in this

section does not retire in the transitional period or enter into an agreement contemplated in subsection (2), that deferred pensioner's right to OPEB is extinguished.

(4) A person who has received a notice of termination of employment and who was receiving salary continuance at the time of the coming into force of this Act shall be considered to be

a deferred pensioner on the coming into force of this Act for the purpose of this section.

2014 cO-9 s4

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Reduced pension

Notwithstanding

section 3, an employee who was eligible for a reduced pension on the coming into force of this Act or who becomes eligible for a reduced pension in the transitional period shall be eligible for OPEB if that employee retires in the transitional period.

2014 cO-9 s5

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Employees eligible

for unreduced pension

(1)Notwithstanding

section 3, an employee who was eligible for an unreduced pension on the coming into force of this Act or who becomes eligible for an unreduced pension in the transitional period shall be eligible for OPEB, and

shall retain that eligibility whether the employee retires in the transitional period or at any time after that.

(2) Notwithstanding

section 3, where an employee attains 30 years of pensionable service before or during the transitional period, that employee is eligible for OPEB if he or she retires on termination of employment, whether that retirement occurs in the transitional period or at any time after that.

2014 cO-9 s6

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Non-represented public sector employees

6.1

(1)Notwithstanding

an act or practice established under subsection 3(2) or a contract entered into

in accordance with subsection 3(2), a non-represented public sector employee who commences employment with the government or a participating employer on or after June 1, 2018

shall qualify for OPEB where he or she

(

a) is eligible for a pension;

(

b) has a minimum of 15 years of pensionable service at the date of his or her retirement; and

(

c) retires and commences receipt of his or her pension immediately on ceasing employment with the government or a participating employer.

(2) A non-represented public sector employee who qualifies for OPEB under subsection (1) shall, upon retirement, pay

(a)

50% of the required premiums for OPEB where he or she commenced employment with the government or a participating employer on or after June 1, 2018

and before April 1, 2020; or

(b)

60% of the required premiums for OPEB where he or she commenced employment with the government or a participating employer on or after April 1, 2020.

(3) The government or a participating employer shall pay that portion of the required premiums for OPEB not required to be paid by a non-represented public sector employee under subsection (2).

2018 c26 s3 ; 2020 c27 s1

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No liability

An action or proceeding does not lie or shall not be instituted or continued against the Crown or a minister, employee or agent of the Crown or a participating employer based on a cause of action arising from, resulting from or incidental to the operation of this Act or resulting from or incidental to the extinguishment of a right to or eligibility for other post-employment benefits which may have existed or accrued before the coming into force of this Act.

2014 cO-9 s7

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Act does not affect Provincial Court

judges

Nothing in this Act binds or affects in any way a Provincial Court

judge who was a member of the pension plan, a pensioner or a deferred pensioner at the date of the coming into force of this Act or at any time in the future.

2014 cO-9 s8

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Commencement

This Act comes into force on a day to be proclaimed by the Lieutenant-Governor in Council. (In force - Jan. 1/15)

2014 cO-9 s9

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Schedule

Board of Commissioners of Public Utilities

C.A.

Pippy Park Commission

Canada-Newfoundland and Labrador Offshore Energy Regulator

College of the North Atlantic

Conseil scolaire francophone provincial de Terre-Neuve-et Labrador

Eastern Residential Support Board

Government of Newfoundland

and Labrador

Grace Sparkes Home

Labrador Group Home

Municipal Assessment Agency

Newfoundland and Labrador Arts Council

Newfoundland and Labrador College of Nurses

Newfoundland

and Labrador Film Development Corporation

Newfoundland

and Labrador

Foster Families Association

Newfoundland

and Labrador Housing Corporation

Newfoundland and Labrador Hydro-Electric Corporation and its subsidiaries

Newfoundland

and Labrador

Legal Aid Commission

Newfoundland

and Labrador Liquor Corporation

Provincial Advisory Council on the Status of Women - Newfoundland

and Labrador

Provincial Health Authority

Provincial Information and Library Resources Board

Waypoints

Workplace Health, Safety and Compensation Commission

2014 cO-9 Sch ; 2018 cI-7.1 s27 ; 2019 c9 s30 ; 2022 cP-30.1 s55 ; 2024 cH-18 s66 ; 2024 cN-5.1 s64 ; 2025 c4 s247

Queen's Printer

Document details

Collection	Newfoundland and Labrador — Consolidated Statutes
Citation	S.N.L. 2014, c. O-9
Type	statute
Volume / chapter	o09
Language	en
Format	htm
Source	PROVINCIAL
Identifier	3c2ddd98a2c3d978b3c852f122f52a576069f924

Source file is stored in the law ingest library (htm).

Other Post-employment Benefits Eligibility Modification Act

Other Post-employment Benefits Eligibility Modification Act

SNL2014

CHAPTER O-9